reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-4 - Minimum Age at Which Child May Enter.

Section 16-28-4
Minimum age at which child may enter.
(a) A child who is six years of age on or before December 31 or the date on which school begins in the enrolling district shall be entitled to admission to the first grade in the public elementary schools at the opening of such schools for that school year or as soon as practicable thereafter. A child who is under six years of age on December 31 or the date on which school begins in the enrolling district shall not be entitled to admission to the first grade in the public elementary schools during that school year; except, that an underage child who transfers from the first grade of a school in another state may be admitted to school upon approval of the board of education in authority, and an underage child who has moved into this state having completed or graduated from a mandated kindergarten program in another state shall be entitled to admission to the public elementary schools regardless of age. A child who becomes six years of age on or before February 1 may, on approval of the local board of education, be admitted at the beginning of the second semester of that school year to schools in school systems having semiannual promotions of pupils.
(b) A child who is five years of age on or before September 1 or the date on which school begins in the enrolling district shall be entitled to admission to the local public school kindergartens at the opening of such schools for that school year or as soon as practicable thereafter; a child who is under five years of age on September 1 or the date on which school begins in the enrolling district shall not be entitled to admission to such schools during that school year; except that, an underage child who transfers from the public school kindergarten in another state may be admitted to local public kindergarten on the prior approval of the local board of education on a space available basis. The aforementioned underage children transferring from the public school kindergartens of another state, upon successful completion of the kindergarten in the local public schools, will then be allowed admission to the first grade of the local public schools.
(c) No public school system shall lose any teacher unit as a result of this section. The State Board of Education is authorized to adopt policies for local boards of education for the implementation of this section.
(Acts 1935, No. 246, p. 646, §1; Code 1940, T. 52, §298; Acts 1947, No. 234, p. 103; Acts 1950, 2nd Ex. Sess. No. 4, p. 24, §1; Acts 1967, No. 596, p. 1382, §1; Acts 1982, No. 82-553, p. 914, §§1, 2; Acts 1989, No. 89-854, p. 1704, §1; Acts 1990, No. 90-578, p. 983, §§1, 2; Acts 1991, No. 91-323, p. 602, §13; Act 2016-297, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-5 - Private Tutor.

Section 16-28-5
Private tutor.
Instruction by a private tutor means and includes only instruction by a person who holds a certificate issued by the State Superintendent of Education and who offers instruction in the several branches of study required to be taught in the public schools of this state, for at least three hours a day for 140 days each calendar year, between the hours of 8:00 A.M. and 4:00 P.M., and who uses the English language in giving instruction. Such private tutor shall, prior to beginning the instruction of any child, file with the county superintendent of education, where his place of instruction is in territory under the control and supervision of the county board of education, or the city superintendent of schools, where his place of instruction is in territory under the control and supervision of a city board of education, a statement showing the child or children to be instructed, the subjects to be taught and the period of time such instruction is proposed to be given. Such tutor shall keep a register of work, showing daily the hours used for instruction and the presence or absence of any child being instructed and shall make such reports as the State Board of Education may require.
(School Code 1927, §303; Code 1940, T. 52, §300.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-6 - Children Exempt From Attending Public School.

Section 16-28-6
Children exempt from attending public school.
(a) The following children, when issued certificates of exemption by the county superintendent of education, where they reside in territory under the control and supervision of the county board of education, or the city superintendent of schools, where they reside in territory under the control and supervision of a city board of education, shall not be required to attend school, or to be instructed by a private tutor:
(1) Children whose physical or mental condition is such as to prevent or render inadvisable attendance at school or application to study. Before issuing such certificate of exemption, the superintendent shall require a certificate from the county health officer in counties which have a health unit, and from a regularly licensed, practicing physician in counties which do not have a health unit, that such a child is physically or mentally incapacitated for school work.
(2) Children who have completed the course of study of the public schools of the state through high school as now constituted.
(3) Where because of the distance children reside from school and the lack of public transportation such children would be compelled to walk over two miles to attend a public school.
(4) Where the children are legally and regularly employed under the provisions of the law relating to child labor and hold permits to work granted under the terms of the child labor law.
(5) Otherwise qualified children who withdraw from school pursuant to Section 16-28-3.1.
(b) Nothing in this section shall be construed so as to deny any right to any child granted under the provisions of Sections 16-39-1 through 16-39-12.
(School Code 1927, §304; Code 1940, T. 52, §301; Acts 1947, No. 676, p. 517, §1; Acts 1971, No. 2484, p. 3965, §1; Act 2009-564, p. 1648, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-7 - Report of Enrollment.

Section 16-28-7
Report of enrollment.
At the end of the fifth day from the opening of the public school, the principal teacher of each public school, private school, and each private tutor, but not church school, shall report on forms prescribed by the State Superintendent of Education to the county superintendent of education, in the event the school is operated in territory under the control and supervision of the county board of education, or to the city superintendent of schools, in the event the school is operated in territory under the control and supervision of a city board of education, the names and addresses of all children of mandatory school attendance age who have enrolled in such schools; and thereafter, throughout the compulsory attendance period, the principal teacher of each school and private tutor shall report at least weekly the names and addresses of all children of mandatory school attendance age who enroll in the school or who, having enrolled, were absent without being excused, or whose absence was not satisfactorily explained by the parent, guardian, or other person having control of the child. The enrollment and attendance of a child in a church school shall be filed with the local public school superintendent by the parent, guardian, or other person in charge or control of the child on a form provided by the superintendent or his or her agent which shall be countersigned by the administrator of the church school and returned to the public school superintendent by the parent. Should the child cease attendance at a church school, the parent, guardian, or other person in charge or control of the child shall by prior consent at the time of enrollment direct the church school to notify the local public school superintendent or his or her agent that the child no longer is in attendance at a church school. This section may not be interpreted or construed as authorizing 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, §309; Code 1940, T. 52, §306; Acts 1982, No. 82-218, p. 260, §5; Act 2009-564, p. 1648, §1; Act 2014-245, §4.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-8 - Reports Required Must Be Furnished.

Section 16-28-8
Reports required must be furnished.
All school officers, including those in private schools, or private tutors, but not those in church schools, in this state offering instruction to pupils within the compulsory attendance ages, shall make and furnish all reports that may be required by the State Superintendent of Education and by the county superintendent of education or by the board of education of any city with reference to the workings of this article. The principal teacher of each public school, private school, church school and each private tutor shall keep an attendance register showing the enrollment of the school and every absence of each enrolled child from school for a half day or more during each school day of the year.
(School Code 1927, §310; Code 1940, T. 52, §307; Acts 1982, No. 82-218, p. 260, §6.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-9 - List of Children Who Should Attend School - Required.

Section 16-28-9
List of children who should attend school - Required.
In order that the provisions of this article may more definitely be enforced, the county superintendent of education and the city superintendent of schools shall, before the opening of the public schools, make a list for each school under his or her control or supervision of all children of mandatory school attendance age who should attend such school or schools under his or her charge or control. Such list must give the name, date of birth, age, sex, race, and the name and address of the parent, guardian, or other person in parental relationship. In case of pupils living in cities, the street and house number shall be given, and in case of all other pupils, the estimated distance from the schoolhouse by the nearest traveled road shall be given.
(School Code 1927, §311; Code 1940, T. 52, §308; Act 2009-564, p. 1648, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-10 - List of Children Who Should Attend School - How Lists Prepared.

Section 16-28-10
List of children who should attend school - How lists prepared.
The information required for making lists of children of the compulsory attendance ages shall be prepared by county and city superintendents of education with the assistance of attendance officers from the census booklets on file in their offices for the years in which the census is taken. In the years in which the census is not taken, such lists shall be prepared by county and city superintendents of education by supplementing and correcting the census lists from continuing census records, teachers' registers and such additional information as may be required from attendance officers.
(School Code 1927, §312; Code 1940, T. 52, §309; Acts 1943, No. 313, p. 300.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-11 - Enrollment Report and List of Potential Students Compared.

Section 16-28-11
Enrollment report and list of potential students compared.
The county superintendent of education or the city superintendent of schools, as the case may be, shall upon the receipt of the report from teachers and private tutors showing the enrollment of children of mandatory school attendance age, compare and study the reports with the list which has been compiled of the children who should attend each school and ascertain what child or children required to attend school are not enrolled.
(School Code 1927, §313; Code 1940, T. 52, §310; Act 2009-564, p. 1648, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-13 - Burden of Proof on Person in Loco Parentis.

Section 16-28-13
Burden of proof on person in loco parentis.
No parent, guardian or other person having control or charge of any child shall be convicted for failure to have said child enrolled in school or for failure to send a child to school or for failure to require such child to regularly attend such school or tutor, or for failure to compel such child to properly conduct himself as a pupil, if such parent, guardian or other person having control or charge of such child can establish to the reasonable satisfaction of the court the following:
(1) That the principal teacher in charge of said school which he attends or should attend or the tutor who instructs or should instruct said child gave permission for the child to be absent; or
(2) That such parent, guardian or other person is unable to provide necessary books and clothes in order that the child may attend school in compliance with law, and that such parent, guardian or other person had prior to the opening of the school, or immediately after the beginning of such dependency, reported such dependent condition to the juvenile court of the county and offered to turn the child over to the State Department of Human Resources as a dependent child; or
(3) That such parent, guardian or other person has made a bona fide effort to control such child and is unable to do so, and files in court a written statement that he is unable to control such child; or
(4) That there exists a good cause or valid excuse for such absence; or
(5) That such parent, guardian or other person has made a bona fide, diligent effort to secure the regular attendance of such child and that the absence was without his knowledge, connivance or consent.
A good cause or valid excuse, as used in this section, exists when on account of sickness or other condition attendance was impossible or entirely inadvisable or impracticable or when, by virtue of the extraordinary circumstances, the absence is generally recognized as excusable.
(School Code 1927, §306; Code 1940, T. 52, §303.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-14 - Habitual Truant.

Section 16-28-14
Habitual truant.
In case any child becomes an habitual truant, or because of irregular attendance or misconduct has become a menace to the best interest of the school which he is attending or should attend, and the parent, guardian or other person files a written statement in court as provided in Section 16-28-13, stating that he is unable to control such child, the attendance officer must file a complaint before the judge of the juvenile court of the county, alleging the facts, whereupon such child must be proceeded against in the juvenile court for the purpose of ascertaining whether such child is a dependent, neglected or delinquent child.
(School Code 1927, §307; Code 1940, T. 52, §304.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-15 - Absence Must Be Explained.

Section 16-28-15
Absence must be explained.
Every parent, guardian, or other person having control or charge of any child required to attend public school, private school, or church school, shall as soon as practical explain the cause of any absence of the child under his control or charge which was without permission of the teacher, and a failure to furnish such explanation shall be admissible as evidence of such child being a truant with the consent and connivance of the person in control or charge of said child, unless such person can show to the reasonable satisfaction of the court that he had no knowledge of such absence and that he has been diligent in his efforts to secure the attendance of such child.
(School Code 1927, §308; Code 1940, T. 52, §305; Acts 1982, No. 82-218, p. 260, §7.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-16 - Cases of Nonenrollment and Nonattendance; Withdrawal of Enrollment.

Section 16-28-16
Cases of nonenrollment and nonattendance; withdrawal of enrollment.
(a) It shall be the duty of the county superintendent of education or the city superintendent of education, as the case may be, to require the attendance officer to investigate all cases of nonenrollment and of nonattendance. In all cases investigated where no valid reason for nonenrollment or nonattendance is found, the attendance officer shall give written notice to the parent, guardian, or other person having control of the child. In the event of the absence of the parent, guardian, or other person having control of the child from his or her usual place of residence, the attendance officer shall leave a copy of the notice with some person over 12 years of age residing at the usual place of residence, with instructions to hand the notice to the parent, guardian, or other person having control of the child, which notice shall require the attendance of the child at the school within three days from the date of the notice. In the event the investigation discloses that the nonenrollment or nonattendance was without valid excuse or good reason and intentional, the attendance officer shall be required to bring criminal prosecution against the parent, guardian, or other person having control of the child.
(b) Each child who is enrolled in a public school shall be subject to the attendance and truancy provisions of this article except that any parent or parents, guardian or guardians who voluntarily enrolls their child in public school, who feel that it is in the best interest of that child shall have the right to withdraw the child at any time prior to the current minimum compulsory attendance age.
(School Code 1927, §314; Code 1940, T. 52, §311; Act 99-705, 2nd Sp. Sess., p. 222, §1; Act 2001-344, p. 446, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-17 - When Child May Be Taken Into Custody.

Section 16-28-17
When child may be taken into custody.
It shall be the duty of the attendance officer, probation officer or other officer authorized to execute writs of arrest to take into custody without warrant any child required to attend school or be instructed by a private tutor who is found away from home and not in the custody of the person having charge or control of such child during school hours and who has been reported by any person authorized to begin proceedings or prosecutions under the provisions of this article as a truant. Such child shall forthwith be delivered to the person having charge or control of said child or to the principal teacher of the school or the private tutor from whom said child is a truant. If such child is an habitual truant, he shall be brought before the juvenile court for such disposition as the judge of said court finds proper from the facts.
(School Code 1927, §315; Code 1940, T. 52, §312.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-18 - Record Kept by Attendance Officer.

Section 16-28-18
Record kept by attendance officer.
The attendance officer whose appointment is by this article provided for shall keep an accurate record of all notices served, all cases prosecuted and all other services performed and shall make an annual report of the same to the county board of education or to the city board of education by whom he is employed.
(School Code 1927, §316; Code 1940, T. 52, §313.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-19 - Attendance Districts.

Section 16-28-19
Attendance districts.
The county board of education shall arrange the county, exclusive of cities, into one or more attendance districts, and said board shall appoint an attendance officer for every district created, who shall hold his office at the will of the county board of education, and the board of education of each city having a city board of education shall appoint one or more attendance officers to serve at the pleasure of the appointing board. City and county boards of education and county commissions may jointly employ any person or persons to carry out the provisions of this chapter and such additional duties as may be assigned them by such boards or county commissions.
(School Code 1927, §317; Code 1940, T. 52, §314.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-20 - Compensation of Attendance Officers.

Section 16-28-20
Compensation of attendance officers.
The attendance officers who are employed by the county or city board of education shall be paid by the respective boards of education such salaries as may be required to secure efficient service. Said attendance officer shall be paid as other employees of the county or city boards of education are paid, but no attendance officer shall receive any compensation under the provisions of this title until he shall have filed such reports as are required by the State Board of Education and by the board of education of the county or city employing him.
(School Code 1927, §318; Code 1940, T. 52, §315.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-21 - Juvenile Court Jurisdiction.

Section 16-28-21
Juvenile court jurisdiction.
The juvenile court of the county shall have original and exclusive jurisdiction of all prosecutions or proceedings arising under the provisions of this article against or concerning any parent, guardian or other person having charge or control of a child, or against or concerning any child or other person for the purpose of enforcing the provisions of this article and effecting its objects, and all provisions of Chapter 15 of Title 12 shall apply to prosecutions or proceedings arising under the provisions and terms of this article.
(School Code 1927, §320; Code 1940, T. 52, §316.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-22 - Prosecutions.

Section 16-28-22
Prosecutions.
No prosecution or proceeding under this article shall be begun except by one of the following parties:
(1) The county superintendent of education or city superintendent of schools where the matter affects a school or private tutor in territory under his supervision; or
(2) An attendance officer; or
(3) The principal teacher of the school which the child attends or should attend; or
(4) The private tutor by whom the child is instructed or should be instructed; or
(5) The probation officer of the county; or
(6) A duly authorized agent of the State Superintendent of Education or the Department of Human Resources.
(School Code 1927, §324; Code 1940, T. 52, §320.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-23 - Attendance Register and Rules and Regulations as Evidence.

Section 16-28-23
Attendance register and rules and regulations as evidence.
The registry of attendance of pupils kept by any public school, private school, church school or private tutor in compliance with the provisions of law or any rule and regulation promulgated by the State Board of Education shall be admissible as evidence of the existence or nonexistence of the facts it is required to show. A copy of any rule and regulation of the State Board of Education duly certified as true and correct by the State Superintendent of Education shall be admissible as evidence of the provisions of such rule and regulation, and the statement in the certificate of the State Superintendent of Education of the date of the promulgation shall be admissible as evidence that such rule or regulation was duly promulgated on the day and date named.
(School Code 1927, §325; Code 1940, T. 52, §321; Acts 1982, No. 82-218, p. 260, §8.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 1 - General Provisions. › Section 16-28-24 - Church Schools May Waive Exemptions Specified in This Article.

Section 16-28-24
Church schools may waive exemptions specified in this article.
Notwithstanding entitlement to the exemptions provided church schools under Sections 16-28-1, 16-1-11, 16-28-3, 16-28-7, 16-28-8, 16-28-15, 16-28-23 and 16-40-1 any church school as defined in Section 16-28-1(2) shall certify to the local public school superintendent on forms supplied by the superintendent to the requesting church school that the exemptions specified herein are waived.
(Acts 1982, No. 82-218, p. 260, §10.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 2 - Conditioning of Driving Privileges Upon School Attendance. › Section 16-28-41 - Written Guidelines to Be Provided.

Section 16-28-41
Written guidelines to be provided.
The State Department of Education shall distribute written guidelines to each school system for developing a written school policy in accordance with this article that outlines the definitions of "circumstances beyond the control" of any person subject to denial or revocation of the privilege of a driver's license or learner's license to operate a motor vehicle and outlines the appeal process available to the person. The school system shall give adequate written information to each student concerning these guidelines and the sanctions and rights provided for in this article.
(Acts 1993, No. 93-368, p. 628, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 2 - Conditioning of Driving Privileges Upon School Attendance. › Section 16-28-42 - Adoption of Regulations.

Section 16-28-42
Adoption of regulations.
The Department of Education and the Department of Public Safety shall jointly adopt regulations to implement this article, including a hearing and appeal process.
(Acts 1993, No. 93-368, p. 628, §3.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 2 - Conditioning of Driving Privileges Upon School Attendance. › Section 16-28-43 - Article Not to Deny Rights of Exceptional Children.

Section 16-28-43
Article not to deny rights of exceptional children.
No provision of this article shall be construed to deny any right to any child granted pursuant to Sections 16-39-1 to 16-39-12.
(Acts 1993, No. 93-368, p. 628, §4.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 2 - Conditioning of Driving Privileges Upon School Attendance. › Section 16-28-44 - Article Not to Deny Constitutional Rights of Children.

Section 16-28-44
Article not to deny constitutional rights of children.
No provision of this article shall be construed to deny the right of any child granted pursuant to the Constitution of the United States nor to the Constitution of Alabama of 1901.
(Acts 1993, No. 93-368, p. 628, §5.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28 - School Attendance. › Article 2 - Conditioning of Driving Privileges Upon School Attendance. › Section 16-28-45 - Construction With Other Attendance and Vehicle Laws.

Section 16-28-45
Construction with other attendance and vehicle laws.
The provisions of this article shall be construed together with any and all other laws or parts of law relating to school attendance or the operation of a motor vehicle except where there is a direct conflict herewith, in which event this article shall supersede.
(Acts 1993, No. 93-368, p. 628, §7.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28A - School Discipline. › Section 16-28A-1 - Legislative Findings.

Section 16-28A-1
Legislative findings.
It is the finding of the Alabama Legislature that the people of Alabama have two basic expectations of their public schools: (1) that students be allowed to learn in a safe classroom setting where order and discipline are maintained; and (2) that students learn at the level of their capabilities and achieve accordingly. The Legislature finds further that every child in Alabama is entitled to have access to a program of instruction which gives him or her the right to learn in a non-disruptive environment. No student has a right to be unruly in his or her classroom to the extent that such disruption denies fellow students of their right to learn. The teacher in each classroom is expected to maintain order and discipline. Teachers are hereby given the authority and responsibility to use appropriate means of discipline up to and including corporal punishment as may be prescribed by the local board of education. So long as teachers follow approved policy in the exercise of their responsibility to maintain discipline in their classroom, such teacher shall be immune from civil or criminal liability. It shall be the responsibility of the local boards of education and the administrators employed by them to provide legal support to each teacher exercising his or her authority and responsibility to maintain order and discipline in his or her classroom as long as the teacher follows the local board of education's policy. Such support for the teacher shall include, but not be limited to, providing appropriate legal representation to defend the teacher against charges, filing of a written report pursuant to Section 16-1-24, seeking the issuance of a warrant or warrants for any person or persons threatening or assaulting a teacher, and the timely assistance and cooperation with the appropriate authorities in the prosecution of any person or persons threatening or assaulting a teacher. Local school board authorities and school administrators providing such support shall be absolutely immune from civil and criminal liability for actions authorized or required by this section.
(Acts 1995, No. 95-539, p. 1121, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28A - School Discipline. › Section 16-28A-2 - Exemption of Teachers and Other Employees From Application of Title 26.

Section 16-28A-2
Exemption of teachers and other employees from application of Title 26.
The provisions of Title 26 shall not apply to public school teachers in relation to corporal punishment of students when the punishment is consistent with established written policies of the employing board of education. Neither shall the provisions of Title 26 apply to public school teachers or other employees while maintaining order and discipline in the classroom and on public school property, including school buses, consistent with written policies of the employing board of education.
(Acts 1995, No. 95-539, p. 1121, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28A - School Discipline. › Section 16-28A-3 - Local Boards of Education Required to Develop and Disseminate Student Discipline and Behavior Policies.

Section 16-28A-3
Local boards of education required to develop and disseminate student discipline and behavior policies.
To fully implement the provisions of this chapter, the State Board of Education shall require each local board of education to develop a written policy on student discipline and behavior and to broadly disseminate them following its adoption. Copies of the student discipline and behavior policy shall be given to all teachers, staff, parents and students.
(Acts 1995, No. 95-539, p. 1121, §3.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28A - School Discipline. › Section 16-28A-4 - Immunity for Teachers or Administrators Who Report Suspected Drug Abuse.

Section 16-28A-4
Immunity for teachers or administrators who report suspected drug abuse.
A teacher or administrator who, in good faith, reports suspected drug abuse by a student to the appropriate authorities shall be immune from civil or criminal liability.
(Acts 1995, No. 95-539, p. 1121, §4.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28A - School Discipline. › Section 16-28A-5 - Immunity for Other Authorized School Personnel.

Section 16-28A-5
Immunity for other authorized school personnel.
It is the intent of the Legislature to include under the provisions of this chapter, principals, assistant principals and any other school personnel authorized to use corporal punishment under the policies and guidelines developed by the local board of education.
(Acts 1995, No. 95-539, p. 1121, §5.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28B - Student Harassment Prevention Act. › Section 16-28B-1 - Short Title.

Section 16-28B-1
Short title.
This chapter shall be known and may be cited as the Jamari Terrell Williams Student Bullying Prevention Act.
(Act 2009-571, p. 1674, §1; Act 2018-472, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28B - Student Harassment Prevention Act. › Section 16-28B-2 - Legislative Intent.

Section 16-28B-2
Legislative intent.
It is the intent of the Legislature to provide for the adoption of policies in public school systems to prevent the bullying of students. It is the further intent of the Legislature that this chapter apply only to student against student bullying, intimidation, violence, and threats of violence in the public schools of Alabama, and between students while not on school property, in grades prekindergarten through 12, and that the State Department of Education develop, and each local board of education adopt procedural policies to manage and possibly prevent these acts against any student by another student or students based on the characteristics of a student.
Additionally, it is the intent of the Legislature that the filing of a complaint of bullying be in writing and submitted by the affected student, or the parent or guardian of the affected student, and not by an education employee on behalf of an affected student or his or her parent or guardian.
(Act 2009-571, p. 1674, §2; Act 2018-472, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28B - Student Harassment Prevention Act. › Section 16-28B-3 - Definitions.

Section 16-28B-3
Definitions.
The following terms have the following meanings:
(1) BULLYING. A continuous pattern of intentional behavior that takes place on or off of school property, on a school bus, or at a school-sponsored function including, but not limited to, cyberbullying or written, electronic, verbal, or physical acts that are reasonably perceived as being motivated by any characteristic of a student, or by the association of a student with an individual who has a particular characteristic, if the characteristic falls into one of the categories of personal characteristics contained in the model policy adopted by the department or by a local board, and implemented at each school. To constitute bullying, a pattern of behavior may do any of the following:
a. Place a student in reasonable fear of harm to his or her person or damage to his or her property.
b. Have the effect of substantially interfering with the educational performance, opportunities, or benefits of a student.
c. Have the effect of substantially disrupting or interfering with the orderly operation of the school, whether the conduct occurs on or off school property, online, or electronically.
d. Have the effect of creating a hostile environment in the school, on school property, on a school bus, or at a school-sponsored function.
e. Have the effect of being sufficiently severe, persistent, or pervasive enough to create an intimidating, threatening, or abusive educational environment for a student.
(2) DEPARTMENT. The State Department of Education.
(3) HOSTILE ENVIRONMENT. The perception by an affected student or victim that the conduct of another student constitutes a threat of violence or bullying and that the conduct is objectively severe or pervasive enough that a reasonable person, under the circumstances, would agree that the conduct constitutes bullying, threat of assault, or assault.
(4) LOCAL BOARD. A city or county board of education.
(5) SCHOOL. Each public school, grades prekindergarten through 12, the Alabama Institute for Deaf and Blind, the Alabama High School of Mathematics and Science, and the Alabama School of Fine Arts.
(6) SCHOOL SYSTEM. The schools under the jurisdiction of a local board.
(7) THREAT. A statement of an intention to inflict pain, injury, damage, or other hostile action to cause fear of harm. The intention may be communicated through an electronic, written, verbal, or physical act to cause fear, mental distress, or interference in the school environment. The intention may be expressly stated or implied and the person communicating the threat has the ability to carry out the threat.
(Act 2009-571, p. 1674, §3; Act 2018-472, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28B - Student Harassment Prevention Act. › Section 16-28B-4 - Prohibited Behavior; Complaints; School Plans or Programs.

Section 16-28B-4
Prohibited behavior; complaints; school plans or programs.
(a) No student shall engage in or be subjected to bullying, intimidation, violence, or threats of violence on or off of school property, on a school bus, or at any school-sponsored function by any other student in his or her school system.
(b) No person shall engage in reprisal, retaliation, or false accusation against a victim, witness, or other person who has reliable information about an act of bullying, violence, or threat of violence.
(c) Any student, or parent or guardian of the student, who is the object of bullying may file a complaint outlining the details of the bullying, on a form authorized by the local board, and submit the form to the official designated by the local board to receive complaints at the school. A copy of the form shall be prominently posted and accessible on the website of each local board of education and school, shall be available at each school office, and shall be included in the student handbook that is distributed to each student at the beginning of each school year.
(d) Each school shall develop plans or programs, including, but not limited to, peer mediation teams, in an effort to encourage students to report and address incidents of bullying, violence, or threats of violence. At the beginning of each school year, each school shall programmatically address the issue of bullying and school violence with faculty and students. The program shall include a discussion of available resources and shall encourage the reporting of incidents of bullying. Each school shall also periodically convene a committee of faculty and students to review and discuss the issue of bullying and make recommendations to school administrators regarding school climate, safety, and bullying. The local superintendent of education may report any recommendations to the local board for its consideration.
(Act 2009-571, p. 1674, §4; Act 2018-472, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28B - Student Harassment Prevention Act. › Section 16-28B-6 - Duties of Schools.

Section 16-28B-6
Duties of schools.
Each school shall do all of the following:
(1) Develop and implement evidence-based practices to promote a school environment that is free of harassment, intimidation, violence, and threats of violence.
(2) Develop and implement evidence-based practices to prevent harassment, intimidation, violence, and threats of violence based, as a minimum, on the criteria established by this chapter and local board policy, and to intervene when such incidents occur.
(3) Incorporate into civility, citizenship, and character education curricula awareness of and sensitivity to the prohibitions of this chapter and local board policy against harassment, intimidation, violence, and threats of violence.
(4) Report statistics to the local board of actual violence, submitted reports of threats of violence, and harassment. The local board shall provide the statistics of the school system and each school in the school system to the department for posting on the department website. The posted statistics shall be available to the public and any state or federal agency requiring the information. The identity of each student involved shall be protected and may not be posted on the department website.
(Act 2009-571, p. 1674, §6.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28B - Student Harassment Prevention Act. › Section 16-28B-7 - Freedoms of Speech and Expression.

Section 16-28B-7
Freedoms of speech and expression.
This chapter shall not affect the freedom of speech and freedom of expression guaranteed each student under the Constitution of the United States and the Constitution of Alabama of 1901, and other applicable statutory law provided in the Code of Alabama 1975.
(Act 2009-571, p. 1674, §7.)
2023 Code of Alabama › Title 16 - Education. › Chapter 28B - Student Harassment Prevention Act. › Section 16-28B-9 - Adoption of Local Policies.

Section 16-28B-9
Adoption of local policies.
Each local board shall establish a policy in compliance with this chapter on or before July 1, 2010. Each local policy or model policy adopted by a local board or the department, respectively, shall be consistent with this chapter.
(Act 2009-571, p. 1674, §9.)
2023 Code of Alabama › Title 16 - Education. › Chapter 29 - Mental and Physical Examinations of School Children. › Section 16-29-1 - Required; Scope; Suspension of Infected Child.

Section 16-29-1
Required; scope; suspension of infected child.
Repealed by Act 2015-70 effective April 21, 2015.
(School Code 1927, §619; Code 1940, T. 52, §553; Acts 1965, 3rd Ex. Sess., No. 53, p. 264.)
2023 Code of Alabama › Title 16 - Education. › Chapter 29 - Mental and Physical Examinations of School Children. › Section 16-29-2 - When Examination Made.

Section 16-29-2
When examination made.
Repealed by Act 2015-70 effective April 21, 2015.
(School Code 1927, §620; Code 1940, T. 52, §554.)
2023 Code of Alabama › Title 16 - Education. › Chapter 29 - Mental and Physical Examinations of School Children. › Section 16-29-3 - Certificate of Examination Furnished Pupil.

Section 16-29-3
Certificate of examination furnished pupil.
Repealed by Act 2015-70 effective April 21, 2015.
(School Code 1927, §622; Code 1940, T. 52, §556.)
2023 Code of Alabama › Title 16 - Education. › Chapter 29 - Mental and Physical Examinations of School Children. › Section 16-29-4 - County Health Officers Furnished With Certain Equipment.

Section 16-29-4
County health officers furnished with certain equipment.
Repealed by Act 2015-70 effective April 21, 2015.
(School Code 1927, §623; Code 1940, T. 52, §557.)
2023 Code of Alabama › Title 16 - Education. › Chapter 29 - Mental and Physical Examinations of School Children. › Section 16-29-6 - County Board of Health to Cooperate.

Section 16-29-6
County board of health to cooperate.
Repealed by Act 2015-70 effective April 21, 2015.
(School Code 1927, §625; Code 1940, T. 52, §559.)
2023 Code of Alabama › Title 16 - Education. › Chapter 30 - Immunization of School Children. › Section 16-30-1 - Immunization or Testing for Certain Diseases.

Section 16-30-1
Immunization or testing for certain diseases.
The State Health Officer is authorized, subject to the approval of the State Board of Health, to designate diseases against which children must be immunized or for which they must be tested prior to, or, in certain instances after entry into the schools of Alabama.
(Acts 1973, No. 1269, p. 2113, §1; Acts 1979, No. 79-677, p. 1208, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 30 - Immunization of School Children. › Section 16-30-2 - Responsibilities of Parents.

Section 16-30-2
Responsibilities of parents.
It shall be the responsibility of the parents or guardians of children to have their children immunized or tested as required by Section 16-30-1.
(Acts 1973, No. 1269, p. 2113, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 30 - Immunization of School Children. › Section 16-30-3 - Exceptions to Chapter.

Section 16-30-3
Exceptions to chapter.
The provisions of this chapter shall not apply if:
(1) In the absence of an epidemic or immediate threat thereof, the parent or guardian of the child shall object thereto in writing on grounds that such immunization or testing conflicts with his religious tenets and practices; or
(2) Certification by a competent medical authority providing individual exemption from the required immunization or testing is presented the admissions officer of the school.
(Acts 1973, No. 1269, p. 2113, §3.)
2023 Code of Alabama › Title 16 - Education. › Chapter 30 - Immunization of School Children. › Section 16-30-4 - Presentation of Certificate Upon Initial Entrance Into School.

Section 16-30-4
Presentation of certificate upon initial entrance into school.
The boards of education and the governing authority of each private school shall require each pupil who is otherwise entitled to admittance to kindergarten or first grade, whichever is applicable, or any other entrance into an Alabama public or private school, to present a certification of immunization or testing for the prevention of those communicable diseases designated by the State Health Officer, except as provided in Section 16-30-3. Provided, however, that any student presently enrolled in a school in this state, not having been immunized upon initial entrance to school, is hereby required to present a certification of immunization as described in this section upon commencement of the next school year. Section 16-30-1 and this section shall apply only to kindergarten through 12th grade and not to the institutions of higher learning.
(Acts 1973, No. 1269, p. 2113, §4; Acts 1979, No. 79-677, p. 1208, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 30A - Alabama Safe at Schools Act. › Section 16-30A-2 - Definitions.

Section 16-30A-2
Definitions.
For purposes of this chapter, the following words have the following meanings:
(1) DELEGATION. The act of authorizing a competent individual to perform selected nursing activities supportive to registered nurses or licensed practical nurses in selected school situations as provided under this chapter, while retaining the accountability for the outcome if the delegation is to an unlicensed individual.
(2) INDIVIDUAL HEALTH PLAN. A document that outlines health care to be provided to a student in the school setting, developed by the school nurse in conjunction with the student’s parents or guardians and may contain the orders from the physician, certified registered nurse practitioner operating under a valid collaborative agreement, or physician assistant operating with a valid supervisory agreement.
(3) SCHOOL. Any primary or secondary public school located in the state.
(4) SCHOOL EMPLOYEE. Any person employed by a public school system located in the state.
(5) UNLICENSED MEDICATION ASSISTANT. A school employee who is trained in accordance with this chapter, but who is not required to be a health care professional.
(Act 2014-437, §2.)