Ala. Admin. Code r. 290-1-5-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 290-1-5-.04 - Sanctioning Members Of Local Board Of Education

A member of a local board of education who fails to comply with the code of conduct adopted by the local board of education or other statutory requirements, under circumstances that constitute neglect of duty or willful misconduct, may be subject to one or more of the following actions:

(1) A member of the local school board may be subject to an action of formal censure or reprimand by the vote of a majority of the members of the local board of education.

(a) Before the vote of formal censure or reprimand, the local board of education must first, by vote of a majority of the whole board, provide a minimum of 3 0 days advance written notice of the proposed action to the member. The notice of proposed action shall be provided to the member by the secretary of the local board of education, shall specify the reasons for the proposed action, and shall state that the member may respond orally or in writing to the notice before the vote of formal censure or reprimand.

(2) A member of the local school board may be subject to one or more of the following actions by majority vote of the State Board of Education upon the recommendation of the State Superintendent:

(a) A formal censure or reprimand of the board member.

(b) Disqualification from eligibility for future appointment, reappointment, or election to any local board of education in the state, if the board member fails to meet required training and attendance requirements.

(c) Disqualification from eligibility for future appointment, reappointment, or election to any local board of education in the state, if the State Superintendent determines that the conduct of board member constitutes neglect of duty or willful misconduct.

(3) Before recommending approval of sanctions by the State Board of Education, the State Superintendent or designee shall conduct investigations, reviews, and hearings as follows:

(a) The State Superintendent or designee may investigate serious and substantial allegations of neglect of duty, misconduct, or breach of duty on the part of any member or members of a local board of education upon a written complaint by a majority vote of the local board of education or the State Superintendent determines sufficient cause to conduct the investigation. As a result of the investigation, the State Superintendent may take any of the following actions:

1. Decline to pursue formal sanctions.

2. As a result of the investigation, issue a written notice to any board member or members whose conduct is in question.

(i) The notice shall specify the proposed imposition of any sanctions.

(ii) The notice shall identify the specific incidents or findings of neglect of duty, misconduct, or other breach of legal duty upon which each proposed sanction is based.

(iii) The notice must provide the board member a minimum of 30 days to show cause, in person or in writing, to object to the proposed sanction or determinations by the State Superintendent.

(iv) The board member may request a hearing before the State Superintendent or designee for the purpose of contesting any proposed sanction.

(4) The State Superintendent may propose or initiate a negotiated resolution of any action if the written agreement with the member of a local board of education is executed as a matter of public record.

(5) No sanction of a member of a local board of education may be imposed on the basis of the exercise of personal, political, or other rights of a board member that are protected by the United States Constitution or by any state or federal statute.

Ala. Admin. Code r. 290-1-5-.04

New Rule: Filed January, 10, 2013; effective February 14, 2013.

Author: Warren Craig Pouncey

Statutory Authority:Code of Ala. 1975, § 16-3-11.