Code of Alabama

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36-1-12
Section 36-1-12 Sovereign immunity. (a) For the purposes of this section, "education employee"
means a certified or noncertified employee of the State Board of Education or any local board
of education and an employee of the Alabama Institute for Deaf and Blind, the Alabama School
of Fine Arts, the Department of Youth Services, or the Alabama School of Mathematics and Science.
(b) An officer, employee, or agent of the state, including, but not limited to, an education
employee, acting in his or her official capacity is immune from civil liability in any suit
pursuant to Article I, Section 14, of the Constitution of Alabama of 1901. (c) An officer,
employee, or agent of the state, including, but not limited to, an education employee, is
immune from civil liability in his or her personal capacity when the conduct made the basis
of the claim is based upon the agent's doing any of the following: (1) Formulating plans,
policies, or designs. (2) Exercising his or her judgment in the...
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12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit court or district court in
a circuit in which a pretrial diversion program has been created pursuant to this division
may apply to the district attorney of the circuit for admittance to the program. (b) A person
charged with any of the following offenses may apply for the pretrial diversion program: (1)
A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211,
trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing
controlled substances in the first degree as provided in Section 13A-12-218, or trafficking
in an analog controlled substance. (2) A property offense. (3) An offense that does not involve
serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible
compulsion or incapacity of a victim. (4) A misdemeanor or...
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16-1-23
Section 16-1-23 Hazing prohibited; penalty. (a) Hazing is defined as follows: (1) Any willful
action taken or situation created, whether on or off any school, college, university, or other
educational premises, which recklessly or intentionally endangers the mental or physical health
of any student, or (2) Any willful act on or off any school, college, university, or other
educational premises by any person alone or acting with others in striking, beating, bruising,
or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or
maim, or to do or seriously offer, threaten, or attempt to do physical violence to any student
of any such educational institution or any assault upon any such students made for the purpose
of committing any of the acts, or producing any of the results to such student as defined
in this section. (3) The term hazing as defined in this section does not include customary
athletic events or similar contests or competitions, and is limited...
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16-22A-9
Section 16-22A-9 Collection and transfer of fingerprints, fees, and information. (a) Local
employing boards and other public authorized employers required to obtain criminal history
background information checks under this chapter shall collect and forward to the State Department
of Education, two complete acceptable sets of fingerprints, written consent, and nonrefundable
fee, when applicable, from applicants for certification, applicants for public employment,
or public current employees under review, who have or seek to have unsupervised access to
a child or children. (b) Nonpublic school employers shall voluntarily collect and forward
two complete acceptable sets of fingerprints, written consent, and nonrefundable fee, when
applicable, from applicants for nonpublic employment, nonpublic current employees, or nonpublic
current employees under review, who have or seek to have unsupervised access to a child or
children, to the Department of Public Safety to request a criminal history...
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27-54A-2
Section 27-54A-2 Treatment under certain policies and contracts. (a) As used in this section,
the following words have the following meanings: (1) APPLIED BEHAVIOR ANALYSIS. The design,
implementation, and evaluation of environmental modifications, using behavioral stimuli and
consequences, to produce socially significant improvement in human behavior, including the
use of direct observation, measurement, and functional analysis of the relationship between
environment and behavior. (2) AUTISM SPECTRUM DISORDER. Any of the pervasive developmental
disorders or autism spectrum disorders as defined by the most recent edition of the Diagnostic
and Statistical Manual of Mental Disorders (DSM) or the edition that was in effect at the
time of diagnosis. (3) BEHAVIORAL HEALTH TREATMENT. Counseling and treatment programs, including
applied behavior analysis that are both of the following: a. Necessary to develop, maintain,
or restore, to the maximum extent practicable, the functioning of an...
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31-10-4.1
Section 31-10-4.1 Qualifications for tuition reimbursement applicants; priority of state educational
benefits; tuition rates; applicability of section; repayment of benefits. (a) Beginning October
1, 2016, any member of the Alabama National Guard enrolled in a program leading to a certificate,
or an associate or bachelor's degree at an accredited public institution of higher education,
technical college, or community college within the State of Alabama may apply for a tuition
reimbursement benefit as provided for in this section if the applicant under this chapter
meets the following requirements: (1) The individual is 17 years of age or over. (2) The individual
is a member of the Alabama National Guard in good standing throughout the period or semester
for which that individual receives education benefits as indicated by continued satisfactory
participation in the Alabama National Guard as required by all applicable laws and regulations
of the Department of the Army, the Department of...
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38-9A-1
Section 38-9A-1 Definitions. As used in this chapter, the following definitions shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (a)
ADULT. An individual 18 years of age or older with a developmental disability. (b) AGENCY.
Any public state agency, including, but not limited to, the Department of Mental Health, Department
of Public Health, and Department of Education. (c) CHILD. An individual under the age of 18
who has a developmental disability or who is at risk for a developmental disability. A child
under the age of six is considered at risk for a developmental disability if the child has
substantial developmental delay or specific congenital or acquired condition that has a high
probability of resulting in a developmental disability if services are not provided. (d) COMMUNITY
COUNCIL. A local council composed of people with a developmental disability and their family
members who supervise the implementation of the program in its...
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45-28-82.22
Section 45-28-82.22 Applicants for admittance. (a) An offender charged with any of the following
criminal offenses in a circuit court or district court may apply to the district attorney
for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of
controlled substances in the first degree as provided in Section 13A-12-218. (2) A property
offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial motor vehicle, or a commercial
driver learner permit holder who is charged with a violation of a traffic law in this state
shall not be eligible for a deferred prosecution program, diversion program, or any deferred
imposition of judgment program pursuant to Section 32-6-49.23. (b) An offender charged with
any of the following offenses is ineligible for consideration for the pretrial...
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45-39-82.02
Section 45-39-82.02 Applicants for admittance. (a) An offender charged with any of the following
criminal offenses in a circuit court or district court may apply to the district attorney
for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of
controlled substances in the first degree as provided in Section 13A-12-218. (2) A property
offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial motor vehicle, or a commercial
driver learner permit holder who is charged with a violation of a traffic law in this state
shall not be eligible for a deferred prosecution program, diversion program, or any deferred
imposition of judgment program pursuant Section 32-6-49.23. (b) An offender charged with any
of the following offenses is ineligible for consideration for the pretrial...
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12-15-215
Section 12-15-215 Disposition of delinquent children or children in need of supervision generally.
(a) If the juvenile court finds on proof beyond a reasonable doubt, based upon competent,
material, and relevant evidence, that a child committed the acts by reason of which the child
is alleged to be delinquent or in need of supervision, it may proceed immediately to hear
evidence as to whether the child is in need of care or rehabilitation and to file its findings
thereon. In the absence of evidence to the contrary, a finding that the child has committed
an act which constitutes a felony is sufficient to sustain a finding that the child is in
need of care or rehabilitation. If the juvenile court finds that the child is not in need
of care or rehabilitation, it shall dismiss the proceedings and discharge the child from any
detention or other temporary care theretofore ordered. If the juvenile court finds that the
child is in need of care or rehabilitation, it may make any of the...
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