HB362 By Representatives Estes, Lipscomb, Isbell, Fincher, Baker, Ellis, Simpson, Moore (P), Brown (C), Marques, Collins, Drummond, Faust, Robertson, Sorrell, Stringer, Meadows and Rogers RFD Education Policy Rd 1 03-MAR-20

SYNOPSIS: This bill would create the Building Exceptional School Board Teams (BEST) Act, to provide further for boardsmanship standards, training, and discipline of elected and appointed members of local boards of education.

A BILL TO BE ENTITLED AN ACT

To create the Building Exceptional School Board Teams (BEST) Act; to provide further for boardsmanship standards, training, and discipline of elected and appointed members of local boards of education; to amend Sections 16-8-1 and 16-11-2, Code of Alabama 1975, relating to the composition of city and county boards of education; and to repeal Section 16-1-41.1, Code of Alabama 1975, relating to the School Board Governance Improvement Act of 2012.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Sections 1 to 8, inclusive, shall be known and may be cited as the Building Exceptional School Board Teams (BEST) Act.

Section 2. For the purposes of Sections 1 to 8, inclusive, the following terms shall have the following meanings:

(1) BOARD MEMBER. A member of a local board of education.

(2) BOARDSMANSHIP. The effective discharge of duties as a member of a local board of education in keeping with the highest standards of stewardship and principles of public service as provided in Sections 1 to 8, inclusive.

(3) CENSURE. A public statement of disapproval for conduct which violates Sections 1 to 8, inclusive, or other applicable law, regulation, or policy.

(4) LOCAL BOARD OF EDUCATION. A city or county board of education whether elected or appointed. The term does not include special boards or charter school boards.

(5) NEGLECT OF DUTY. A failure to do what is required by law, regulation, or policy.

(6) PEER REVIEW PANEL. A panel of board members convened by the State Superintendent of Education to review matters arising under Sections 1 to 8, inclusive.

(7) REGULAR MEETING. A regularly scheduled meeting held by a local board of education. The term does not include a special called meeting, work session, disciplinary hearing, or other gathering held by a local board of education.

(8) SANCTION. A penalty imposed beyond a censure.

(9) SCHOLASTIC YEAR. The period beginning with the first day of July and ending with the last day of June each year.

(10) WILLFUL MISCONDUCT. An intentional act or omission in violation of law, regulation, policy, or generally accepted rule of conduct. The term generally refers to multiple instances of inappropriate behavior, but a single incident may be sufficient to establish willful misconduct if the behavior is severe.

Section 3. (a) In conjunction with and as a precondition to the installation of any elected or appointed board member, and in addition to all other requirements imposed by law, prospective board members shall be required for each term of office to affirm publicly and in writing all of the following principles of educational governance:

(1) That each decision, action, and vote taken or made as a board member shall be based solely on the needs and interests of students or the system.

(2) That no decision, action, or vote shall be taken or made to serve or promote the personal, political, or pecuniary interests of the member.

(3) That each decision, action, and vote shall be based on the interests of the school system as a whole.

(4) That the views of all board members and of the local superintendent of education shall be considered before making a decision or taking an action on any measure or proposal before the local board of education.

(5) That, except to the extent otherwise provided by law, each board member shall take formal action upon the written recommendation of and in consultation with the local superintendent of education, and may not individually or jointly attempt to direct or corrupt the operations of the school system in a manner that is inconsistent with the discharge of the statutory functions and responsibilities of the local superintendent of education.

(6) That each board member shall actively promote public support for the school system and a sound statewide system of public education, and shall endorse ideas, initiatives, and programs that are designed to improve the quality of public education for all students.

(7) That each board member shall attend scheduled meetings and actively participate in school system functions, activities, and training programs that promote quality boardsmanship unless good cause is shown.

(b) In addition to those duties specifically provided by law, a local board of education shall do all of the following:

(1) In concert with the local superintendent of education, establish a vision for the school system by adopting goals that address student needs, advance student performance, and monitor implementation of policies and programs by reviewing data.

(2) Adopt written policies and programs, upon the recommendation of the local superintendent of education, to further the educational goals of the system and respond to system needs.

(3) Act on personnel recommendations submitted by the local superintendent of education in a timely manner, based on student needs and system finances, without regard to personal preferences or political interests.

(4) In concert with the local superintendent of education, consider and approve operating budgets for the system aligned with the goals and objectives of the local board of education.

(5) Advocate for the needs, resources, and interests of public school students and refer stakeholders and constituents to the local superintendent of education so that these issues may be addressed by school system personnel.

(6) Maintain the confidentiality imposed by law, regulation, or policy including, but not limited to, matters that are subject to attorney client privilege, matters discussed in executive session pursuant to the Alabama Open Meetings Act, matters related to student records and information protected by the Federal Educational Rights and Privacy Act, and other documents and information protected by public disclosure laws.

(7) These duties should not be construed to limit or change the duties of a local board of education as found in the Code of Alabama 1975.

(c) The State Board of Education shall adopt a model code of conduct for members of local boards of education and each local board of education shall adopt a code of conduct that includes, at a minimum, the model code of conduct adopted by the State Board of Education. The State Superintendent of Education shall develop and issue regulations to implement the requirements of Sections 1 to 8, inclusive, including any regulations deemed necessary and appropriate to ensure that procedures to be followed in connection with the imposition of sanctions authorized under Sections 1 to 8, inclusive, conform to applicable legal standards.

(d) In order to further the implementation of sound principles of boardsmanship within and among the local boards of education in the state, the State Superintendent of Education shall develop continuing education and training programs for board members to enhance the understanding of the role of each board member in assuring the effective provision of educational services. The programs shall be developed in cooperation with the Alabama Association of School Boards pursuant to Section 16-1-6, Code of Alabama 1975.

(e) This section is cumulative and in addition to any other provision of law governing the training, performance, and accountability of local boards of education and board members in the state.

Section 4. (a) A board member who fails to satisfy the standards of boardsmanship as provided in Sections 1 to 8, inclusive, or other law, under circumstances that constitute neglect of duty or willful misconduct, may be subject to the following disciplinary actions:

(1) Censure.

(2) Sanction.

(3) Removal from the local board of education.

(b) A local board of education may censure or sanction its own board members consistent with the procedures in Sections 1 to 8, inclusive. The local board of education may also request the State Superintendent of Education to take additional disciplinary action.

(c) Before disciplinary action by the State Superintendent of Education may be requested by a board member, one or more board members shall first initiate, or attempt to initiate, disciplinary proceedings before the local board of education. The State Superintendent of Education may unilaterally initiate disciplinary action under this section consistent with procedures provided in Sections 1 to 8, inclusive. The State Superintendent of Education may adopt guidelines, procedures, and forms to implement this section.

Section 5. (a)(1) To ensure the effectiveness of regular meetings and the adequate representation of residents, each board member shall be present to conduct the business of the local board of education. A board member should make every reasonable effort to attend regular meetings.

(2) If a board member is absent for three consecutive regular meetings or more than six regular meetings during a scholastic year, excluding absences caused by military service, the local board of education, or its designee, shall give notice to the State Superintendent of Education. If the reason for the absences is known, that information should be provided to the State Superintendent of Education.

(3) Upon receipt of notice of excessive absences, the State Superintendent of Education may appoint a peer review panel to determine whether further review is warranted.

(b)(1) Pursuant to Sections 16-8-1 and 16-11-2, Code of Alabama 1975, a board member shall be a resident of the district he or she represents.

(2) The State Superintendent of Education may appoint a peer review panel to consider residency challenges and make recommendations to the State Superintendent Education to declare the seat vacant.

(3) Residency challenges may be submitted to the State Superintendent of Education by the local board of education, a board member, or an adult resident living within the geographical boundaries of the local board of education. Challenges shall be accompanied by a refundable surety bond in the amount of two hundred fifty dollars ($250). Any individual filing a challenge shall provide a factual basis for the challenge, and any supporting evidence, if available.

(4) This subsection shall not impair the ability of the Attorney General, a local district attorney, or a citizen to file a quo warranto action in the local circuit court.

(c)(1) The State Superintendent of Education may set annual training requirements for board members. The State Superintendent of Education may grant waivers of the annual training requirements to individual board members upon request based on hardship or other valid reason.

(2) If a board member fails to comply with training requirements, the local board of education shall withhold any compensation paid to that board member until the training requirement is satisfied or a waiver is granted. The withholding shall become effective September 1 following the training year ending June 30. Compensation shall be released in full once the training requirement is satisfied or a waiver is granted. Compensation shall be forfeited if the board member is out of compliance at the end of his or her term or service on the local board of education.

(3) The State Superintendent of Education shall report any board member who has failed to complete the training requirements to the State Board of Education at the September State Board of Education meeting following the training year ending June 30. The names shall be posted on the website of the State Department of Education. Once the member is in compliance or a waiver has been granted, the website shall be updated to reflect that status.

(4) The State Superintendent of Education may appoint a peer review panel to consider whether additional discipline is warranted.

(d) Within three business days, a board member shall report conviction of a misdemeanor offense, excluding minor traffic offenses, to the State Superintendent of Education. The State Superintendent of Education may convene a peer review panel to determine if further action is necessary. Failure to notify the State Superintendent of Education of a conviction does not preclude the State Superintendent of Education from convening a peer review panel.

Section 6. (a) When one or more board members believe action is warranted for a suspected violation of Sections 1 to 8, inclusive, a board member shall make a motion to initiate proceedings in an open meeting. The motion shall be supported by a written summary of the factual basis for making the motion and the law, regulation, policy, affirmation, duty, or code of conduct provision allegedly violated. A majority of the membership of the local board of education shall vote to begin proceedings.

(b) Written notice of the proposed action shall be provided to the board member by the local superintendent of education in his or her role as secretary of the local board of education. The notice shall include a written summary of the factual basis for making the motion and the law, regulation, policy, affirmation, duty, or code of conduct provision allegedly violated. The board member shall have 14 calendar days to request a hearing, submit a written response, or accept the proposed action of the local board of education.

(c) If the board member requests a hearing, the hearing shall be scheduled no sooner than 30 calendar days from the date of the request. If the board member submits a written response, accepts the proposed action, or fails to timely respond, the local board of education may vote on the proposed action at the next regular meeting. Any hearing convened under this subsection shall be public and any evidence submitted shall be subject to public disclosure, unless deemed confidential by any other law.

(d) The local board of education may vote to take no action or censure, sanction, or refer the board member to the State Superintendent of Education for further action. Any vote shall be by a majority of the membership of the local board of education.

Section 7. (a)(1) Each State Board of Education member shall appoint a board member from his or her state board district to serve in the pool of peer review panel members. Each appointed peer review panel member shall serve a term in the pool that corresponds with the term of office of the appointing State Board of Education member. To be eligible for appointment as a peer review panel member, a board member shall have served at least one full term on a local board of education. If a peer review panel member resigns from the pool or ceases to be a member of a local board of education, the State Board of Education member from that district shall appoint a replacement peer review panel member to serve for the remainder of the unexpired term.

(2) The State Superintendent of Education may convene a peer review panel to consider violations arising under Sections 1 to 8, inclusive.

(3) To convene a peer review panel, the State Superintendent of Education shall randomly select three peer review panel members from the pool, excluding the peer review panel member who resides in the same State Board of Education district as the subject board member, to consider the matter. A peer review panel member who has a conflict of interest or other legitimate reason to decline serving on a particular matter shall submit a request the State Superintendent to be excused. Upon granting the request, the State Superintendent of Education shall randomly select another peer review panel member to serve.

(4) The State Superintendent of Education may appoint an attorney experienced in education law to conduct any necessary investigation and to present evidence and information to the peer review panel.

(5) The peer review panel shall provide a board member with the opportunity to offer a defense.

(6) Hearings before a peer review panel shall provide minimum due process consisting of notice of the allegations and an opportunity to request a hearing. Hearings before a peer review panel shall be considered confidential. A transcript or recording shall be prepared for any matter which results in a hearing before the peer review panel. Documents, evidence, and transcripts shall remain confidential until such time as the matter is disposed of by the State Superintendent of Education or State Board of Education.

(7) Peer review panel members may meet electronically to consider any matter, except those which involve a hearing.

(8) Following review, a peer review panel shall recommend any action to the State Superintendent.

(9) No peer review panel member shall be paid for his or her service, but shall be reimbursed for actual mileage and other reasonable expenses.

(b)(1) Upon the referral of a written complaint by a majority vote of the local board of education, or when, in the judgment of the State Superintendent of Education, sufficient cause exists to do so, and subject to the conditions hereinafter specified, the State Superintendent of Education may investigate serious and substantial allegations of neglect of duty, willful misconduct, or other conduct which violates Sections 1 to 8, inclusive, or other law on the part of a board member or board members of a local board of education.

(2) The State Superintendent of Education may unilaterally refer matters to a peer review panel to determine if action is warranted. The State Superintendent of Education shall provide written notice to the board member which shall include a statement of the facts alleged and the law, regulation, policy, affirmation, duty, or code of conduct provision allegedly violated. The board member shall have 14 calendar days to request a hearing, submit a written response, or accept the proposed action of the State Superintendent of Education. If the board member requests a hearing, the hearing shall be scheduled no sooner than 30 calendar days after the date of the request is received. If the board member submits a written response, accepts the proposed action, or fails to timely respond, the peer review panel may vote on the proposed action.

(3) The peer review panel may vote to take no action or to censure, sanction, or recommend to the State Superintendent of Education that the board member be removed from the local board of education. Any vote shall be by a majority of the peer review panel. A transcript or recording shall be prepared for any matter which results in a hearing before a peer review panel. Documents, evidence, and transcripts or recordings shall remain confidential until such time as the matter is disposed of by the State Superintendent of Education or State Board of Education. Once a matter is disposed of, any testimony or evidence shall be subject to public disclosure, unless the testimony or evidence is deemed confidential by another law or regulation.

(4) The State Superintendent of Education may amend, uphold, or reject the recommendation of a peer review panel and may order the matter closed. The State Superintendent of Education may determine if further action is warranted and recommend any of the following to the State Board of Education:

a. A formal censure or sanction of the board member including, but not limited to, withholding any compensation.

b. Removal of the board member from the local board of education for failing to satisfy mandated residency requirements.

c. Removal of the board member from the local board of education for failing to satisfy mandated training and attendance requirements.

d. Removal of the board member from the local board of education for conduct found by the State Superintendent of Education to constitute neglect of duty or willful misconduct.

Section 8. (a)(1) Nothing in this subsection shall preclude a negotiated resolution of any action that may be proposed or initiated by the State Superintendent of Education under this section, provided that the resolution is suitably memorialized, executed, made a matter of public record, and is consistent with the purposes of this section.

(2) No action shall be imposed under this section 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 law.

(3) No sanction by the State Superintendent of Education, other than as may be imposed by written agreement with the board member, shall be effective until it is approved by majority vote of the State Board of Education.

(4) This subsection shall not impair the ability of the Attorney General, local district attorney, or a citizen to file an impeachment action pursuant to Section 36-11-1, Code of Alabama 1975, or other action allowed by law.

(b) A board member subject to action under Sections 1 to 8, inclusive, may retain counsel at his or her own expense. A local board of education is not liable or responsible for paying any legal fees accrued by a board member to defend proceedings initiated under Sections 1 to 8, inclusive.Section 9. Sections 16-8-1 and 16-11-2 of the Code of Alabama 1975, are amended to read as follows:

§16-8-1.

"(a) The county board of education shall be composed of five members, who shall be elected by the qualified electors of the county.

"(b) County boards of education unless otherwise provided by law may use the provisions of this subsection to establish single member election districts with one board member elected from each district. School boards exercising this option may establish five or seven such districts. Such plan shall be considered only after two weeks public notice has been given, outlining generally the school districts under consideration. The members so elected, or appointed in the event of a vacancy, shall be residents of the school district. Such residency shall have been established at least one year before the general election at which the candidate is to be elected, or appointed in the event of a vacancy. Whenever a member of a county board of education moves his or her domicile from the district he or she represents, he or she shall cease to be a member of the county board of education, and a vacancy shall occur. The member shall provide notice of the move to the secretary of the local board of education before the commencement of business at the first meeting of the local board of education following the move. The boundaries of such single member districts shall be determined by a majority vote of the county board of education. The county board of education shall apportion the districts according to the last federal decennial census for the county utilizing the principle of equal representation. Thereafter, each county board of education choosing to implement single member election districts shall reapportion those districts within six months following the publication of the results of each federal decennial census.

"(c) No person shall be eligible for election or appointment as a member of a county board of education unless he or she satisfies all of the following qualifications:

"(1) Is a person of good moral character.

"(2) Has obtained a high school diploma or its equivalent.

"(3) Is not employed by that county board of education, unless serving as a member of the county board of education on April 20, 2012.

"(4) Is not serving on the governing board of a private elementary or secondary educational institution.

"(5) Is not on the National Sex Offender Registry or the state sex offender registry.

"(6) Has not been convicted of a felony.

"(7) Has attended at least two board of education meetings.

"(8) Has received at least two hours of prospective board member training from any source approved by the State Superintendent of Education. The training shall be free of charge and may be completed electronically.

"(9) Agrees to comply with the affirmations and code of conduct outlined in the Building Exceptional School Board Teams Act upon election or appointment.

"(10) Has not been previously removed from a local board of education for conduct found to be neglect of duty or willful misconduct by the State Superintendent of Education and the State Board of Education.

"(d) A member appointed to fill a vacancy on the local board of education is not subject to the meeting and training qualifications.

§16-11-2.

"(a) The provisions of this This chapter shall apply to city boards of education unless otherwise provided by local law pursuant to Amendment 659 to the Constitution of Alabama of 1901, or any other provision of the Constitution of Alabama of 1901.

"(b) The general administration and supervision of the public schools and educational interest of each city shall be vested in a city board of education, to be composed of five members who shall be residents of the city, and who shall not be members of the city council or commission. In any Class 4 municipality which has adopted a mayor-council form of government pursuant to Chapter 43B (commencing with Section 11-43B-1) of Title 11, the city board of education may be composed of seven members.

"(c) No person shall be eligible for election or appointment as a member of a city board of education unless he or she satisfies all of the following qualifications:

"(1) Is a person of good moral character.

"(2) Has obtained a high school diploma or its equivalent.

"(3) Is not employed by that city board of education.

"(4) Is not serving on the governing board of a private elementary or secondary educational institution.

"(5) Is not on the National Sex Offender Registry or the state sex offender registry.

"(6) Has not been convicted of a felony.

"(7) For elected board members, has attended at least two board of education meetings in the jurisdiction of residence before his or her name is placed on the ballot.

"(8) Has received at least two hours of prospective school board member training from any source approved by the State Superintendent of Education. The training shall be free of charge and may be completed electronically. For appointed board members, the training shall be completed within 90 calendar days after appointment to the city board of education.

"(9) Agrees to comply with the affirmations and code of conduct outlined in the Building Exceptional School Board Teams Act upon election or appointment.

"(10) Has not been previously removed from a local board of education for conduct found to be neglect of duty or willful misconduct by the State Superintendent of Education and the State Board of Education.

"(d) A member appointed to fill a vacancy on the board of education is not subject to the meeting and training qualifications.

"(d)(e) In those cities where the members of the city board of education are elected or appointed to represent a district, whenever a member of a city board of education moves his or her domicile from the district he or she represents, he or she shall cease to be a member of the city board of education, and a vacancy shall occur. The member shall provide notice of the move to the secretary of the city board of education before the beginning of business at the first meeting of the city board of education following the move.

"(e)(f) Any city or town which has had the general administration and supervision of the public schools and educational interests of the city or town vested in a city board of education for a period of 20 years or more prior to August 15, 1951, may, except as may be provided by law, continue to have general administration and supervision of the public schools and educational interest under a local board of education regardless of any past or future federal census."

Section 10. All laws or parts of laws which conflict with this act are repealed, and specifically, Section 16-1-41.1, Code of Alabama 1975, the School Board Governance Improvement Act of 2012, is repealed.

Section 11. This act shall become effective January 1, 2021, following its passage and approval by the Governor, or its otherwise becoming law.

Education

Board of Education, City

Board of Education, County

Superintendent of Education, State

Code Repealed

Code Amended