Local schools approve Alabama Teacher Bill of Rights

Published 1:00 am Thursday, September 19, 2024

Local teachers will now have more authority to remove disruptive students from classrooms due to newly effective state legislation.

Cullman City Schools approved the addition of the Alabama Teacher Bill of Rights to its district policy Tuesday, Sept. 18. The Cullman County Board of Education did so in August.

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The ATBOR is a required policy update included in SB157 from Alabama State Senator Arthur Orr (R-Morgan County), which received support from the Alabama Education Association.

The law allows teachers to exclude students from classrooms for the following reasons:

— Disorderly Conduct: Any conduct that intentionally disrupts, disturbs or interferes with the teaching of students; or disturbs the peace, order or discipline at any school.

— When a student behaves in a manner that obstructs the teacher or learning process of others in the classroom.

— When a student threatens, abuses, intimidates or attempts to intimidate an education employee or another student.

— When a student willfully disobeys an education employee.

— When a student uses abusive or profane language directed at an education employee.

Students who are excluded from the classroom are placed under the control of the school’s principal and are only able to readmitted after the teacher is provided written certification of what disciplinary action was taken. If students are excluded from the classroom twice within the same semester, principals are required to hold a conference with parents.

In an advisory document from AEA, teachers are encouraged to keep a record of both internal and external documents regarding their classroom management plans and to “use common sense,” when applying the ABTOR.

“These are children, and things are going to happen. AEA understands that you are a professional and have training and experience on how to handle day-to-day classroom issues. In trying to defeat the bill, the opposition tried to paint all kinds of doomsday scenarios. One went so far as to say kids would be disciplined for making tapping noises. Don’t prove the naysayers right,” the document said. “Be prepared to use it when the situation calls for it, but do not abuse it.”

The ATBOR also provides teachers civil and criminal immunity for any actions taken in compliance with rules laid out by the Alabama State Department of Education and local policies.

“ATBOR contains an iron-clad anti-retaliation clause that prohibits principals, school boards or the ALSDE from taking action against a teacher for any action they take under ATBOR that complies with the law, local board policy and any relevant ALSDE policy,” the AEA document said.

Even under the ATBOR schools will be required to continue following federal disability and civil rights laws as well as a new statewide student due process law from State Representative Terri Collins (R-Morgan) which goes into effect Oct. 1.

The due process law will require schools to provide advance notice of a disciplinary hearing along with detailed statements regarding disciplinary action, including the exact policy code which was violated and what will be included in the student’s records.

Students will also be allowed to review recordings and documentation relevant to their accused behavior and have a lawyer present at their hearings. Students who are older than the age of 14 will also be allowed to question witnesses.