reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-3 - Submission of Sworn Statement and Records; Service.

Section 15-27-3
Submission of sworn statement and records; service.
(a) A petition filed under this chapter shall include a sworn statement made by the person seeking expungement under the penalty of perjury stating that the person has satisfied the requirements set out in this chapter and whether he or she has previously applied for an expungement in any jurisdiction and whether an expungement has been previously granted.
(b) The petitioner shall include a certified record of arrest, disposition, or the case action summary from the appropriate agency for the court record the petitioner seeks to have expunged as well as a certified official criminal record obtained from the Alabama Criminal Justice Information Center. In addition to setting forth grounds for the court to consider, the petitioner shall specify what criminal charges from the record are to be considered, further specify the agency or department that made the arrest and any agency or department where the petitioner was booked or was incarcerated or detained pursuant to the arrest or charge sought to be expunged.
(c) A petitioner shall serve the district attorney, the law enforcement agency, and clerk of court of the jurisdiction for which the records are sought to be expunged, a copy of the petition, and the sworn affidavit. The district attorney shall review the petition and may make reasonable efforts to notify the victim if the petition has been filed seeking an expungement under circumstances enumerated in paragraph a. of subdivision (4) of Section 15-27-2 involving a victim that is not a governmental entity. The district attorney and the victim shall have a period of 45 days to file a written objection to the granting of the petition or the district attorney shall be deemed to have waived the right to object. The district attorney shall serve the petitioner or the petitioner's counsel a copy of the written objection.
(Act 2014-292, p. 1043, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-4 - Administrative Filing Fee; Indigency.

Section 15-27-4
Administrative filing fee; indigency.
(a) In addition to any cost of court or docket fee for filing the petition in circuit court, an administrative filing fee of five hundred dollars ($500) shall be paid at the time the petition is filed and is a condition precedent to any ruling of the court pursuant to this chapter. The administrative filing fee shall be distributed as follows:
(1) Seventy-five dollars ($75) to the State Judicial Administrative Fund.
(2) Twenty-five dollars ($25) to the Alabama Department of Forensic Sciences.
(3) Fifty dollars ($50) to the district attorney's office.
(4) Fifty dollars ($50) to the clerk's office of the circuit court having jurisdiction over the matter, for the use and benefit of the circuit court clerk.
(5) Fifty dollars ($50) to the Public Safety Fund.
(6) Fifty dollars ($50) to the general fund of the county where the arresting law enforcement agency is located if the arrest was made by the sheriff's office to be used for law enforcement purposes, or, if the arrest was made by another law enforcement agency, to the municipality or other entity or state agency funding the law enforcement activity.
(7) One hundred dollars ($100) to the state General Fund.
(8) Fifty dollars ($50) to the Education Trust Fund.
(9) Fifty dollars ($50) to the Fair Trial Tax Fund.
(b)(1) When a petitioner is seeking the expungement of multiple charges arising from one arrest, the petitioner shall only be required to pay one filing fee pursuant to subsection (a).
(2) When a petitioner is seeking the expungement of multiple charges arising from multiple arrests, the petitioner shall be required to pay a filing fee for each arrest pursuant to subsection (a).
(c) Notwithstanding subsection (a), a person seeking relief under this chapter may apply for indigent status by completing an Affidavit of Substantial Hardship and Order which shall be submitted with the petition. If the court finds the petitioner is indigent, the court shall waive the filing fee provided in subsection (a).
(d) If a petitioner seeks expungement of an arrest or conviction record and the court in the original case made a clear and unequivocal judicial finding on the record that the arrest had no foundation of probable cause, the court, in the expungement proceeding, shall waive all docket fees and court costs, except for the filling fee in subsection (a).
(Act 2014-292, p. 1043, §4; Act 2021-286, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-5 - Objections; Hearing; Ruling.

Section 15-27-5
Objections; hearing; ruling.
(a) If the prosecuting authority or victim files an objection to the granting of a petition under this chapter, the court having jurisdiction over the matter shall set a date for a hearing no sooner than 14 days from the filing of the objection. The court shall notify the prosecuting authority and the petitioner of the hearing date. In making its determination, the court shall consider all of the following factors:
(1) Nature and seriousness of the offense committed.
(2) Circumstances under which the offense occurred.
(3) Date of the offense.
(4) Age of the person when the offense was committed.
(5) Whether the offense was an isolated or repeated incident.
(6) Other conditions which may have contributed to the offense.
(7) An available probation or parole record, report, or recommendation.
(8) Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement and the petitioner pleaded guilty to another related or lesser offense.
(9) Evidence of rehabilitation, including good conduct in prison or jail, in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful business or employment history, and the recommendation of his or her supervisors or other persons in the community.
(10) Any other matter the court deems relevant, which may include, but is not limited to, a prior expungement of the petitioner's records.
(b) A hearing under subsection (a) shall be conducted in a manner prescribed by the trial judge and shall include oral argument and review of relevant documentation in support of, or in objection to, the granting of the petition. The Alabama Rules of Evidence shall apply to the hearing. Leave of the court shall be obtained for the taking of witness testimony relating to any disputed fact.
(c) There is no right to the expungement of any criminal record, and any request for expungement of a criminal record may be denied at the sole discretion of the court. The court shall grant the petition if it is reasonably satisfied from the evidence that the petitioner has complied with and satisfied the requirements of this chapter. The court shall have discretion over the number of cases that may be expunged pursuant to this chapter after the first case is expunged. The ruling of the court shall be subject to certiorari review and may not be reversed absent a showing of an abuse of discretion.
(d) If no objection to a petition is filed by the prosecuting authority or victim, the court having jurisdiction over the matter shall rule on the merits of the petition without setting the matter for hearing. In such cases, the court shall grant the petition if it is reasonably satisfied from the evidence that the petitioner has complied with and satisfied the requirements of this chapter.
(Act 2014-292, p. 1043, §5; Act 2021-286, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-6 - Order of Expungement; Certification; Inspection of Expunged Records.

Section 15-27-6
Order of expungement; certification; inspection of expunged records.
(a) Except as provided in Section 15-27-10, upon the granting of a petition pursuant to this chapter, the court, pursuant to Section 15-27-9, shall order the expungement of all records in the custody of the court and any records in the custody of any other agency or official, including law enforcement records, except privileged presentence or postsentence investigation reports produced by the Alabama Board of Pardons and Paroles and its officers, records, documents, databases, and files of the district attorney and the Office of Prosecution Services. On July 7, 2014, and for 18 months thereafter, every agency with records relating to the arrest, charge, or other matters arising out of the arrest or charge that is ordered to expunge the records shall certify to the court within 180 days of the entry of the expungement order that the required expungement action has been completed.
(b) After the expungement of records pursuant to subsection (a), the proceedings regarding the charge shall be deemed never to have occurred. Except as provided in this chapter, the court and other agencies shall reply to any inquiry that no record exists on the matter. The petitioner whose record was expunged shall not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit, or other type of application. However, the petitioner whose record was expunged shall have the duty to disclose the fact of the record and any matter relating thereto to any government regulatory or licensing agency, any utility and its agents and affiliates, or any bank or other financial institution. In these circumstances, the government regulatory or licensing agency, utility and its agents and affiliates, or the bank or other financial institution shall have the right to inspect the expunged records after filing notice with the court.
(Act 2014-292, p. 1043, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-7 - Archive of Records; Withdrawal of Records From National Criminal Records Repository.

Section 15-27-7
Archive of records; withdrawal of records from national criminal records repository.
(a) Upon receipt of the order of expungement, a criminal justice agency in possession of records subject to the order shall immediately forward the records to the Alabama State Law Enforcement Agency. The agency shall digitally archive the records in a manner prescribed by the Alabama Justice Information Commission and designate the records as protected, except as provided in other provisions of this chapter. The records may not be used for any non-criminal justice purpose, except as otherwise provided in this chapter, and may be made available to criminal justice agencies, a district attorney, or a prosecuting authority upon acknowledgement of an investigation or other criminal matter involving the person related to the expungement. Any expunged records that were added to a federal database shall be requested to be removed and not made available within any interstate criminal database. Records may also be made available to the Department of Human Resources for the purpose of investigation or assessment in order to protect children or vulnerable adults. Expungement under this chapter does not expunge reports that are indicated, as defined in Section 26-14-8.
(b) Records expunged under this chapter may not be transmitted to the Federal Bureau of Investigation national criminal records repository. Any record subject to be expunged under this chapter and transmitted to the Federal Bureau of Investigation prior to the expungement of the record shall be requested for withdrawal within the national system by the Alabama State Law Enforcement Agency.
(Act 2014-292, p. 1043, §7; Act 2021-286, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-8 - Records Forwarded to and Retained by Alabama State Law Enforcement Agency.

Section 15-27-8
Records forwarded to and retained by Alabama State Law Enforcement Agency.
Once the records are expunged pursuant to this chapter, the records shall be forwarded to the Alabama State Law Enforcement Agency in a manner prescribed by the Alabama Justice Information Commission for purposes of archiving, and the records shall be stored in a manner prescribed by the Alabama Justice Information Commission. The records shall be retained by the Alabama State Law Enforcement Agency indefinitely.
(Act 2014-292, p. 1043, §8; Act 2021-286, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-9 - Definitions.

Section 15-27-9
Definitions.
For purposes of this chapter, the following terms shall have the following meanings:
(1) CRIMINAL JUSTICE AGENCIES. As defined in Section 41-9-590.
(2) RECORD. The term shall include, but is not limited to, all of the following:
a. Arrest and conviction records.
b. Booking or arrest photographs of the petitioner.
c. Index references such as the State Judicial Information System or any other governmental index references for public records search.
d. Records relating to administrative suspension pursuant to Article 14 of Chapter 5A of Title 32, including driver license suspension records.
e. Other data, whether in documentary or electronic form, relating to the arrest, charge, or conviction.
(Act 2014-292, p. 1043, §9; Act 2021-286, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-10 - Maintenance of Investigative Files, Reports, Case Files, Etc.

Section 15-27-10
Maintenance of investigative files, reports, case files, etc.
(a) Nothing in this chapter shall prohibit a criminal justice agency, a law enforcement agency or official, a district attorney or a prosecuting authority, the Alabama Department of Forensic Sciences, or the Department of Human Resources from maintaining an investigative file, report, case file, or log which may include any evidence, biological evidence, photographs, exhibits, or information in documentary or electronic form.
(b) Nothing in this chapter shall prohibit the Department of Human Resources from continuing to maintain any documentation, reports, case files, or evidence needed for the protection of children or vulnerable adults.
(Act 2014-292, p. 1043, §10; Act 2021-286, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-11 - Personal Information Subject to Expungement.

Section 15-27-11
Personal information subject to expungement.
An order of expungement, pursuant to this chapter may include, but is not limited to, the petitioner's true name, all aliases, current physical address, date of birth, Social Security number, or any other vital identifier sufficient to notify the record keeper of the records to be expunged.
(Act 2014-292, p. 1043, §11.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-12 - Prerequisites to Expungement.

Section 15-27-12
Prerequisites to expungement.
No order of expungement shall be granted unless all terms and conditions, including court ordered restitution, are satisfied and paid in full, including interest, to any victim, or the Alabama Crime Victim's Compensation Commission, as well as court costs, fines, or statutory fees ordered by the sentencing court to have been paid, absent a finding of indigency by the court.
(Act 2014-292, p. 1043, §12.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-13 - Annual Report.

Section 15-27-13
Annual report.
Upon request, the Administrative Office of Courts shall provide an annual report to the Legislature specifying the number of applicants requesting expungement, the number of expungements granted, a list of the offenses expunged, and a list of the offenses not expunged. The report shall not include any case specific identifying information.
(Act 2014-292, p. 1043, §13.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-14 - Applicability - Alabama Securities Commission.

Section 15-27-14
Applicability - Alabama Securities Commission.
Nothing in this chapter shall be applicable to the Alabama Securities Commission, its statutes, rules, regulations, policies, information repository, or records, nor shall any expungement information, record, document, whether printed, electronic, or otherwise, or file which is expunged under this chapter be considered nondisclosable or nonreportable to or by the Alabama Securities Commission. Any requirement for licensing or registration which includes information that has been otherwise expunged under this chapter shall remain reportable as required by the Alabama Securities Commission, applicable federal law, or adopted rules and regulations or as required by any securities-related self-regulatory organization rules, policies, or procedures.
(Act 2014-292, p. 1043, §14.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-15 - Applicability - Right to Ship, Transport, Possess, or Receive Firearm.

Section 15-27-15
Applicability - Right to ship, transport, possess, or receive firearm.
An expungement order shall not entitle an individual to ship, transport, possess, or receive a firearm. Any person whose record of conviction is expunged pursuant to this chapter may have his or her right to ship, transport, possess, or receive a firearm restored by a Certificate of Pardon with Restoration of Civil and Political Rights from the Alabama Board of Pardons and Paroles.
(Act 2014-292, p. 1043, §15.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-16 - Disclosure of Information From Expunged File Without a Court Order; Liability.

Section 15-27-16
Disclosure of information from expunged file without a court order; liability.
(a) Notwithstanding any other provision of this chapter, an individual who knows an expungement order was granted pursuant to this chapter and who intentionally and maliciously divulges, makes known, reveals, gives access to, makes public, uses, or otherwise discloses the contents of an expunged file without a court order, or pursuant to a provision of this chapter, shall be guilty of a Class B misdemeanor.
(b) In addition to any other immunity or other civil protection or legal remedy available that an individual or entity may rightfully claim, an agency, department, custodian of records, corporation, business entity, or individual that makes public or disseminates a record that has been judicially expunged pursuant to this chapter shall be immune from civil liability absent unreasonable, wanton, willful, or intentional conduct.
(c) In addition to any other immunity or other civil protection or legal remedy available that an individual or entity may rightfully claim, an agency, department, custodian of records, corporation, business entity, or individual that employs, hires, contracts with, or holds any business or contractual relationship with an individual and is unaware of the existence of a criminal record due to an expungement pursuant to this chapter shall be immune from civil liability for damages caused by the person, absent unreasonable, wanton, willful, or intentional conduct.
(Act 2014-292, p. 1043, §16.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-17 - Filing Under False Pretenses.

Section 15-27-17
Filing under false pretenses.
Upon determination by the court that a petition for expungement was filed under false pretenses and was granted, the order of expungement shall be reversed and the criminal history record shall be restored to reflect the original charges.
(Act 2014-292, p. 1043, §17.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-18 - Applicants for Position in Law Enforcement, Etc.

Section 15-27-18
Applicants for position in law enforcement, etc.
Notwithstanding any other provision of this chapter, an applicant for a position in law enforcement or corrections or a law enforcement or correctional officer shall disclose and produce any expunged record pursuant to this chapter or any other state law to the Alabama Peace Officers' Standards and Training Commission, and the commission shall have access to any expunged records sealed or archived pursuant to this chapter for purposes of certification and regulation of persons as correctional and law enforcement officers.
(Act 2014-292, p. 1043, §18.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-19 - Rulemaking Authority.

Section 15-27-19
Rulemaking authority.
The Alabama Justice Information Commission shall adopt rules for the submission of data from criminal justice agencies necessary to complete the criminal history record within the state criminal history repository. Data within the repository shall include all records allowed by federal regulation of state repositories.
(Act 2014-292, p. 1043, §19; Act 2021-286, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-20 - Release of Expunged Records for Use in Certain Civil Suits; Hearing.

Section 15-27-20
Release of expunged records for use in certain civil suits; hearing.
Records that have been expunged pursuant to this chapter shall be released for use in a civil suit filed by a person for whom expungement was granted that is related to, or arising from, the arrest or conviction that was the subject of the expungement. Upon a request from any party for the release of any records that have been expunged, the court having jurisdiction over the pending civil matter shall hold an in camera hearing to determine the following:
(1) If the request has been made in good faith.
(2) The nature and scope of the requested records.
(3) The relevance of the requested records to the pending civil matter.
Upon the completion of the in camera review, the court shall make a determination in writing whether to release the expunged records. In no way shall the release of expunged records bear any weight as to their admissibility at trial with respect to the Alabama Rules of Evidence. This section is to be applied retroactively.
(Act 2017-377, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-21 - Admissibility of Expungement Records in Criminal Trials.

Section 15-27-21
Admissibility of expungement records in criminal trials.
A certified record of an expungement is admissible in a criminal trial, subject to the Alabama Rules of Criminal Procedure and the Alabama Rules of Evidence. Prior to the introduction of an expungement by any party, the court shall conduct an in-camera hearing to determine its admissibility.
(Act 2021-286, §3.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-1 - Definitions.

Section 16-1-1
Definitions.
For purposes of this title, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(1) SCHOLASTIC DAY. Shall not be less than six hours of actual teaching, exclusive of all recesses or intermission periods unless otherwise ordered by the county or city board of education. County and city boards of education and the Alabama Institute for Deaf and Blind shall be required to provide each teacher employed a minimum of 30 minutes of time free of instructional or supervisory responsibilities each teaching day. This provision shall not be interpreted to deprive any teacher of benefits exceeding the minimum requirements of this act.
(2) SCHOLASTIC WEEK. Shall consist of five school days each week.
(3) SCHOLASTIC MONTH. Shall constitute 20 school days.
(4) SCHOLASTIC YEAR. Shall begin with the first day of July and end with the thirtieth day of June each year.
(5) FISCAL YEAR. From October first to September thirtieth, inclusive.
(Code 1940, T. 52, §1; Acts 1984, No. 84-323, p. 743, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-2.1 - New School Construction to Include Approved Safe Space or Hallway.

Section 16-1-2.1
New school construction to include approved safe space or hallway.
(a) Commencing on July 1, 2010, any new contract awarded for the construction of a new public school, unless the school has an Alabama Building Commission approved safe space or hallway, shall include an Alabama Building Commission approved safe space or hallway.
(b) The State Department of Education shall coordinate with the Alabama Building Commission and develop, promulgate, and enforce any rules necessary for the implementation of this section.
(Act 2010-746, p. 1885, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-2.2 - New Construction at Public Two-Year and Four-Year Institutions of Higher Education to Include Approved Safe Space or Hallway.

Section 16-1-2.2
New construction at public two-year and four-year institutions of higher education to include approved safe space or hallway.
(a) Commencing on August 1, 2012, any new contract awarded for the construction of a new building, containing classrooms or dorm rooms, on the grounds of a public two-year or four-year institution of higher education shall include a Division of Construction Management approved safe space or hallway rated for tornadoes.
(b) The State Department of Postsecondary Education and the separate boards of trustees of the four-year institutions of higher education in the state shall coordinate with the Division of Construction Management to develop, adopt, and enforce any rules necessary for the implementation of this section.
(Act 2012-554, p. 1634, §1; Act 2021-476, §4.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-2.5 - (Effective February 1, 2022) Contracts.

Section 16-1-2.5
Contracts.
THIS SECTION WAS AMENDED BY ACT 2022-367 IN THE 2022 REGULAR SESSION, EFFECTIVE OCTOBER 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
The State Department of Education, an educational institution, a state educational institution, as defined in Section 41-4-400(d), a public K-12 school, or a public institution of higher education with a constitutionally created board of trustees may contract with the Division of Construction Management within the Department of Finance for any purpose.
(Act 2021-476, §5.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-3 - Photographing or Microphotographing Records - Authorized; Force and Effect.

Section 16-1-3
Photographing or microphotographing records - Authorized; force and effect.
The State Superintendent of Education and each of the several city and county superintendents of education may cause any records, documents, books, papers or writing made, acquired or received as required by law to be photographed or microphotographed, on plate or film. Such photographs, microfilms or prints made therefrom, when duly authenticated by the custodian thereof, shall have the same force and effect at law as the original record, or of a record made by any other legally authorized means, and may be offered in like manner and shall be received in evidence in any court where such original record, or record made by other legally authorized means, could have been so introduced and received.
(Acts 1953, No. 826, p. 1113, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-4 - Photographing or Microphotographing Records - Destruction of Records Photographed, etc.; Retention of Photographs.

Section 16-1-4
Photographing or microphotographing records - Destruction of records photographed, etc.; retention of photographs.
The State Superintendent of Education and each of the several city and county superintendents of education may destroy or cause to be disposed of any record, document, books, papers or other writing which have been photographed or microphotographed. Such photographs or microphotographs shall be retained and kept in lieu of such records, documents, books or papers required to be kept or maintained. However, no record or other written matter authorized under the provisions of Section 16-1-3 to be photographed or microphotographed may be destroyed or otherwise disposed of until the copy has been processed and checked with the original for accuracy, and no city or county superintendent of education shall destroy or dispose of any record or other written matter without first obtaining the approval of the State Superintendent of Education. The State Superintendent of Education may, however, classify such records and other written matter and authorize the destruction of certain classes of records or other written matter upon their being photographed or microphotographed, and may prescribe the period for which records of certain classes must be retained after having been photographed or microphotographed before such records are destroyed.
(Acts 1953, No. 826, p. 1113, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-5 - Photographing or Microphotographing Records - Intent.

Section 16-1-5
Photographing or microphotographing records - Intent.
It is the intent of Sections 16-1-3 and 16-1-4 to permit the State Superintendent of Education and each of the several city and county superintendents of education to destroy, in the manner prescribed in Section 16-1-4, any records, documents, books or papers required by law to be kept or maintained by them in the event that photographic reproductions of such records, documents, books or papers are made and to give such photographic reproductions the same force and effect as the originals thereof.
(Acts 1953, No. 826, p. 1113, §3.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-6 - Association of School Board Members.

Section 16-1-6
Association of school board members.
The Alabama Association of School Board Members is hereby recognized as the organization and representative agency of the members of the school boards of Alabama.
The State Superintendent of Education, the State Department of Education and the boards of education of the county and city systems are hereby empowered and authorized to cooperate with the Alabama Association of School Board Members in its in-service training program for school board members and in encouraging and fostering cooperation among the school boards affiliated with the Alabama Association of School Board Members.
Members of the state, county and city boards of education are authorized to pay dues to and also may incur reasonable traveling and subsistence expenses in attending meetings of the Alabama Association of School Board Members with which it is affiliated. Such dues and expenses may be paid as other expenses are paid by such boards of education.
(Acts 1955, No. 317, p. 718, §§ 1-3.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-7 - Eye Protective Devices for Pupils and Teachers Participating in Certain Courses.

Section 16-1-7
Eye protective devices for pupils and teachers participating in certain courses.
(a) Every pupil and every teacher in the public schools shall wear industrial quality eye protective devices while participating in the following courses:
(1) Vocational or industrial arts, shops or laboratories involving experience with:
a. Hot molten metals;
b. Milling, sawing, turning, shaping, cutting or stamping of any solid materials;
c. Heat treatment, tempering or kiln firing of any metal or other materials;
d. Gas or electric arc welding;
e. Repair or servicing of any vehicle;
f. Caustic or explosive materials.
(2) Chemical or combined chemical-physical laboratories involving caustic or explosive chemicals or hot liquids or solids.
(b) The board of education or other governing authority of each school shall furnish the eye protective devices prescribed in this section free of charge to the pupils and teachers of the school participating in the courses described in subsection (a) of this section. The county board of education or other governing authority shall furnish eye protective devices to all visitors to the courses heretofore named.
(c) "Industrial quality eye protective devices" as used in this section shall mean devices meeting the current standards of the American Standard Safety Code for head, eye and respiratory protection, promulgated by the American Standards Association, Incorporated.
(Acts 1965, 1st Ex. Sess., No. 168, p. 219, §§ 1-3.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-10 - Selling, etc., Alcoholic Beverages to School Children; Keeping on School Premises.

Section 16-1-10
Selling, etc., alcoholic beverages to school children; keeping on school premises.
Any person, firm, corporation or association that knowingly sells, gives or dispenses any alcoholic beverage to any school student under the age of 18 years, or keeps or has in possession any alcoholic beverage in or on the campus or premises of any school building of any public secondary or grade school is guilty of a felony and, upon conviction thereof, shall be imprisoned in the state penitentiary for a period of from one to three years.
(Acts 1947, No. 532, p. 388, § 1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-11 - Private Schools to Register and Report;.

Section 16-1-11
Private schools to register and report;.
All private schools or institutions of any kind having a school in connection therewith, except church schools as defined in Section 16-28-1, shall register annually on or before October 10 with the Department of Education and shall report on uniform blanks furnished by the Department of Education, giving such statistics as relate to the number of pupils, the number of instructors, enrollment, attendance, course of study, length of term, cost of tuition, funds, value of property, and the general condition of the school. This section may not be interpreted or construed to authorize the Department of Education, the State Board of Education, or the State Superintendent of Education to license or regulate any private, nonpublic, or church school offering instruction in grades K-12, or any combination thereof.
(School Code 1927, §599; Code 1940, T. 52, §547; Acts 1982, No. 82-218, p. 260, §2; Act 2014-245, p. 785, §4.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-11.1 - Autonomy of Nonpublic Schools - Legislative Findings.

Section 16-1-11.1
Autonomy of nonpublic schools - Legislative findings.
The Legislature finds and declares all of the following:
(1) That a parent or guardian in Alabama has a constitutional right to choose the type of K-12 education that is best for his or her child, whether public or nonpublic, religious or nonreligious, and including home-based education.
(2) That many parents choose to home school or enroll their children in elementary and secondary nonpublic schools, including private, church, parochial, or religious schools, that are not subject to state regulation and do not receive state or federal funds.
(3) That other than reporting on the enrollment of students, these nonpublic K-12 schools have been primarily exempt from state regulation and have only been required by state law to report the enrollment of students.
(4) That there is no national or state constitutional mandate that the government provide, license, or regulate nonpublic education, including private, church, parochial, and religious schools, or home-schooled students.
(5) That regulation by the state, including the State Department of Education, the State Board of Education, or the State Superintendent of Education, of any school with a religious affiliation would be an unconstitutional burden on religious activities in direct violation of the Alabama Religious Freedom Amendment and the First Amendment to the United States Constitution; and further that the State of Alabama has no compelling interest to burden by license or regulation nonpublic schools, which include private, church, parochial, and religious schools offering educational instruction in grades K-12, as well as home-based schools and home-schooled students.
(Act 2014-245, p. 785, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-11.2 - Autonomy of Nonpublic Schools - Education Selection by Parents; Exemption From Licensure or Regulation.

Section 16-1-11.2
Autonomy of nonpublic schools - Education selection by parents; exemption from licensure or regulation.
(a) A parent or guardian shall have the right to select the type school or method of his or her choice for the K-12 education of his or her child, whether public or nonpublic, religious or nonreligious, and including home-based education.
(b) Nonpublic schools, including private, church, parochial, and religious schools, offering educational instruction in grades K-12, as well as home-schooled students, are not subject to licensure or regulation by the state or any political subdivision of the state, including the State Department of Education. This section shall not be interpreted or construed as preventing a nonpublic school from voluntarily participating in state audits or other state administrative oversight in order to comply with requirements of federal grant provisions, except that any such voluntary participation may be withdrawn by the nonpublic school at-will and immediately.
(Act 2014-245, p. 785, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-11.3 - Autonomy of Nonpublic Schools - Applicability of Statutory Requirements.

Section 16-1-11.3
Autonomy of nonpublic schools - Applicability of statutory requirements.
Each nonpublic school, including private, church, parochial, and religious schools, offering educational instruction in grades K-12, as well as home-schooling entities, shall comply with the requirements of Chapter 28 of this title, relating to school attendance; Chapter 22A of this title, the Alabama Child Protection Act of 1999; and Chapter 7 of Title 38, relating to criminal history background checks on persons responsible for children, the elderly, and the disabled.
(Act 2014-245, p. 785, §3.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-11.4 - Admission of Nonpublic School Students by Public Institutions of Higher Education.

Section 16-1-11.4
Admission of nonpublic school students by public institutions of higher education.
Any provision of law to the contrary notwithstanding, no public two-year or four-year institution of higher education in the state may deny admission to or otherwise discriminate against an otherwise qualified student based on the consideration, whether in whole or in part, that the student attended, graduated from, or is enrolled in a nonpublic school, including private, church, parochial, and religious schools, or was home schooled.
(Act 2014-245, p. 785, §6.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-11.5 - Teacher Certification.

Section 16-1-11.5
Teacher certification.
Any provision of law to the contrary notwithstanding, the State Department of Education's requirements for teacher certification and recertification shall be the same for any person who teaches in a public school or a nonpublic school, whether accredited or not, and without regard to whether the otherwise qualified person is or was employed by a nonpublic K-12 private, church, parochial, or religious school that is not subject to state regulation.
(Act 2014-245, p. 785, §7.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-11.6 - Membership of Nonpublic Schools in Alabama High School Athletic Association.

Section 16-1-11.6
Membership of nonpublic schools in Alabama High School Athletic Association.
All nonpublic schools which choose to become members of the Alabama High School Athletic Association shall be in compliance with the constitution and bylaws established by Alabama High School Athletic Association member schools.
(Act 2014-245, p. 785, §8.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-13 - Teaching Pupils of Disparate Ability, Background and Achievement.

Section 16-1-13
Teaching pupils of disparate ability, background and achievement.
Whenever any city, county or other local school board determines it to be in the best interest of the public school pupils of the local school system, it may prescribe and from time to time adjust and adapt and further prescribe the manner, method and procedure to be employed in classrooms for teaching pupils of disparate ability, background and achievement in the public schools within its jurisdiction. Its authority in this respect shall include but shall not be limited to prescribing the grouping and classification of students within the same grade level, based upon considerations of native ability as indicated by intelligence tests; the general academic achievement, and level of achievement in a particular subject area. Any such grouping of pupils within a class or grade shall be prescribed by the local board of education only after consultation with the superintendent of the school, teachers, students and parents of various pupils concerned, and the decision reached shall be solely within the discretion of the board.
The local board may prescribe the times and hours and place of instruction for any grouping within schools and classrooms as it may consider advisable and may assign special teachers, prescribe special subjects or remedial courses, advanced courses, vocational courses and take such other action with respect to the time and place for teaching such separate groupings as it may consider in the best interest of the students and the entire student body of the school.
(Acts 1963, No. 522, p. 1126, §§ 1, 2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-14 - Removal, Isolation, or Separation of Pupils Creating Disciplinary Problems; State Approval Necessary for Rules Implementing Such Measures; Deprivation of Right to Equal and Adequate Education May Not Result.

Section 16-1-14
Removal, isolation, or separation of pupils creating disciplinary problems; state approval necessary for rules implementing such measures; deprivation of right to equal and adequate education may not result.
Any city, county, or other local public school board shall, consistent with Section 16-28-12, prescribe rules and regulations with respect to behavior and discipline of pupils enrolled in the schools under its jurisdiction and, in order to enforce such rules and regulations, may remove, isolate, or separate pupils who create disciplinary problems in any classroom or other school activity and whose presence in the class may be detrimental to the best interest and welfare of the pupils of such class as a whole. Any rules and regulations adopted pursuant to this section shall be approved by the State Board of Education. Any such removal, isolation, or separation may not deprive such pupils of their full right to an equal and adequate education.
(Acts 1963, No. 460, p. 995, §1; Acts 1994, 1st Ex. Sess., No. 94-793, p. 98, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-15 - Classification and Grouping of Pupils Upon Consideration of Social Attitudes, Etc.

Section 16-1-15
Classification and grouping of pupils upon consideration of social attitudes, etc.
For the purpose of preventing or minimizing disciplinary problems, the local school board may classify and group pupils upon consideration of their social attitudes, their amenability to discipline, their hostility toward the school environment and their health, morals, cleanliness and habits of personal behavior.
(Acts 1963, No. 460, p. 995, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-16 - Special Courses, Tutoring, Counseling, etc., for Special Groups of Pupils.

Section 16-1-16
Special courses, tutoring, counseling, etc., for special groups of pupils.
A local board of education may in its discretion prescribe special courses in citizenship, health, morals or any other subject it may consider necessary to meet the needs of special groups of pupils and may prescribe individual tutoring, counseling or group instruction and may assign special teachers and special classrooms or other places for such purposes and may schedule such courses either during or after regular school hours or at any time administratively feasible.
(Acts 1963, No. 460, p. 995, §3.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-16.1 - Alabama Council on Family and Children.

Section 16-1-16.1
Alabama Council on Family and Children.
(a) The Legislature finds that there is at present a need in Alabama to coordinate, at the state and local level, the efforts of existing providers of services supporting early childhood development and family involvement in education.
(b) There is hereby established the Alabama Council on Family and Children to be composed of the Governor, who shall be chairperson; the State Superintendent of Education; the Commissioner of the Department of Human Resources; the State Health Officer; the Commissioner of the Department of Mental Health and Mental Retardation; the Chairman of the Children's Trust Fund; and the Director of the Department of Youth Services, or their designated representatives, and one additional member from each congressional district to be appointed by the Governor. Said council shall exist for the purpose of coordinating existing services, at the state and local level, supporting early childhood development and family involvement in education and assessing existing programs.
(c) On or before June 30, 1992, the Alabama Council on Family and Children shall submit to the Governor and the Legislature a plan which shall include, but not be limited to, recommendations concerning the following:
(1) Federally sponsored "Head Start" programs for children in Alabama qualified thereunder;
(2) State-sponsored "Head Start" type programs for other four-year-old children who do not qualify for federally sponsored Head Start. Such recommendations may include the establishment and implementation of pilot programs in at least ten city or county school systems by the 1993-94 school year; and
(3) The establishment of criteria for recognizing pre-school students in need of readiness skills and the development of summer programs to aid such students.
(d) The Alabama Council on Family and Children shall recommend to the State Department of Education and the Advisory Council on Teacher-Training created by Section 16-23-15, programs of instruction in professional development for public school instructors, teachers and administrators involved in early childhood development.
(Acts 1991, No. 91-323, p. 602, §12.)
2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-17 - Contest of Certain Elections.

Section 16-1-17
Contest of certain elections.
Any and all elections held for the purpose of determining whether a tax shall be levied in the county or in a school district of the county for public school purposes or determining whether or not school districts should be consolidated or whether or not a school district should be enlarged by consolidating therewith territory adjacent to such district may be contested on the same grounds and in the same manner as is provided by general law for the contest of elections of county officers, and all laws governing the grounds, conduct and determination of contests of election of county officers shall govern contests authorized by this section.
(School Code 1927, §268; Code 1940, T. 52, §275.)