Title 16 — Title 16

(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 no…

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…

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…

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…

The purposes of this article are to secure the prompt and regular attendance of pupils and to secure their proper conduct, and to hold the parent, guardian or other person in charge or control of a child responsible and liable for such child’s nonattendance and improper conduct a…

Accountable; Enforcement. The Legislature finds that mandatory attendance policies for schools differ from school system to school system throughout the State of Alabama. The State Board of Education shall adopt standards for a mandatory and enforceable attendance policy for all …

Educational Responsibilities. (a) Local boards of education, pursuant to guidelines established by the State Board of Education, shall establish educational programs to inform parents of school children of their education-related responsibilities to their children. The programs s…

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 board…

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…

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 att…

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 nonex…

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 su…

School Students; Transfer Students. (a) Except as otherwise provided in subsection (b), every child between the ages of six and 17 years shall be required to attend a public school, private school, church school, or be instructed by a competent private tutor for the entire length…

Prevention Program. (a)(1) A child who is 17 years of age or older may withdraw from public school prior to graduation if both of the following circumstances exist: a. Written consent is granted by the child’s parent or legal guardian. b. An exit interview is conducted where the …

(a) 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 kindergarten in the public elementary schools at the opening of schools for that school year or as soon as practicable ther…

Enrollment, Etc.; Duties of School Attendance Official; Withdrawal from School; Conviction for Certain Pistol Offenses. (a) The Alabama State Law Enforcement Agency shall deny a driver license or a learner permit for the operation of a motor vehicle to any individual under the 19…

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 Department of Education and the Department of Public Safety shall jointly adopt regulations to implement this article, including a hearing and appeal process. History: (Acts 1993, No. 93-368, p. 628, §3.)

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. History: (Acts 1993, No. 93-368, p. 628, §4.)

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. History: (Acts 1993, No. 93-368, p. 628, §5.)

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. History: (Acts 1…

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 lea…

(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 un…

(a) A student who is not a domiciliary of the state shall be permitted to register to enroll in a public K-12 school by remote means, including electronic means, prior to commencement of the student’s residency in this state if all of the following apply: (1) A parent or legal gu…

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…

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 …

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 …

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 th…

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 publi…

Actions. (a)(1) Beginning with the 2024-2025 school year, the role of the assistant principal at each public K-12 school shall include assisting the principal with administration and enforcement of board policy and all applicable laws, including, but not limited to student discip…

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. History: (Acts 1995, No. 95-539, p. 1121, §4.)

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. History: (Acts 1…

This chapter shall be known and may be cited as the Jamari Terrell Williams Student Bullying Prevention Act. History: (Act 2009-571, p. 1674, §1; Act 2018-472, §1.)

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 thre…

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, verba…

(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,…

The department shall develop a model policy prohibiting bullying, violence, and threats of violence on or off of school property, on a school bus, or at any school- sponsored function. The model policy, at a minimum, shall contain all of the following components: (1) A statement …

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, int…

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. History: (Act 2009-5…

Committee; Liability. (a) To the extent that the Legislature shall appropriate funds, or to the extent that any local board may provide funds from other sources, each school system shall implement the following standards and policies for programs in an effort to prevent student s…

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. History: (Act 2009-571, p. 1674, §9.)

This chapter shall be known and may be cited as the Teachers’ Bill of Rights. History: (Act 2024-409, §1.)

For the purposes of this chapter, the following terms have the following meanings: (1) DISORDERLY CONDUCT. Any conduct that intentionally: (i) disrupts, disturbs, or interferes with the teaching of students; or (ii) disturbs the peace, order, or discipline at any school. (2) EDUC…

Readmittance; Disciplinary Actions; Reporting Requirements. (a) Beginning with the 2024-2025 school year, a teacher may exclude from his or her classroom any student who does any of the following: (1) Engages in disorderly conduct. (2) Behaves in a manner that obstructs the teach…

(a) An education employee may not be held civilly or criminally liable for his or her actions while addressing student behavior that could lead to exclusion pursuant to Section 16-28C-3, if those actions are carried out in conformity with rules of the State Board of Education or …

Beginning with the 2024-2025 school year, the State Board of Education shall adopt a model policy that reflects the requirements of this chapter. Each local board of education may adopt and implement the model policy, or may adopt and implement another policy, provided that each …

(a) Nothing in this chapter shall be construed to infringe on any right provided to a student pursuant to the Individuals with Disabilities Education Act (IDEA), the Family Educational Rights and Privacy Act (FERPA), Section 504 of the Rehabilitation Act of 1973, or the Americans…

Repealed by Act 2015-70 effective April 21, 2015. History: (School Code 1927, §619; Code 1940, T. 52, §553; Acts 1965, 3rd Ex. Sess., No. 53, p. 264.)

Repealed by Act 2015-70 effective April 21, 2015. History: (School Code 1927, §620; Code 1940, T. 52, §554.)

Repealed by Act 2015-70 effective April 21, 2015. History: (School Code 1927, §622; Code 1940, T. 52, §556.)