Under existing law, the State Superintendent of Education may revoke the teaching certificate of an individual who has been convicted of immoral conduct or indecent behavior. The State Superintendent of Education is required to revoke the teaching certificate of an individual convicted of any Class A felony and other enumerated crimes. This bill would add the crime of a school employee engaging in a sex act with a student to the list of enumerated crimes for which the State Superintendent of Education is required to revoke the teaching certificate of an individual upon conviction. This bill would require a local superintendent of education to file a report with the State Superintendent of Education if a teacher or other school employee is terminated or resigns due to an allegation of misconduct which would require the State Superintendent of Education to revoke the teaching certificate of the individual if convicted. This bill would require the principal of a school to file a report with the local superintendent of education upon receiving evidence that a teacher or school employee engaged in conduct which would require the State Superintendent of Education to revoke the teaching certificate of the individual if convicted. This bill would require teachers and other school employees to immediately report to their principal any evidence that a teacher or school employee engaged in misconduct which would require the State Superintendent of Education to revoke the teaching certificate of the individual if convicted. This bill would also provide a criminal penalty for knowingly failing to file a report with the intent to conceal an allegation of misconduct that is required to be reported. Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose. The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the section. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the section.

Statutes affected:
Introduced: 16-23-5