Code of Alabama

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16-22A-5
or certification in a position requiring unsupervised access to children of the nonpublic current
employee or current employee under review, until such time as written permission has been
given to the local employing board, State Department of Education, or other appropriate chief
executive officer to conduct the criminal history background information check. (j)(1) No
current employee under review shall be subjected to a criminal history background information
check for political or personal reasons. A review of a current employee under review,
which may be conducted at any time, irrespective of whether a prior criminal history background
information check has been conducted on the employee, shall be based upon reasonable suspicion.
(2) A current employee under review shall be apprised in writing of the reasons supporting
a request for a criminal history background information check, including the grounds supporting
reasonable suspicion, and shall be provided the opportunity to...
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16-22A-6
Section 16-22A-6 Request from schools for criminal history background information check. (a)
The State Department of Education, or other public authorized employer responsible for hiring
employees who will have unsupervised access to children in an educational setting, shall request
through the State Department of Education, that the Department of Public Safety secure from
both the Alabama Bureau of Investigation and Federal Bureau of Investigation a criminal history
background information check on each applicant for certification, certified applicant for
public employment, noncertified applicant for public employment, and public current employee
under review. (b) Any nonpublic school in which an individual may have unsupervised access
to children in an educational setting, shall through its duly authorized representative under
guidelines established by the nonpublic school employer, request that the Department of Public
Safety secure a state criminal history background information...
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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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16-22A-10
Section 16-22A-10 Confidentiality of information. (a)(1) Any criminal history background information
reports received by the State Department of Education from the Department of Public Safety
shall be confidential, conspicuously marked as confidential, and not further disclosed or
made available for public inspection. (2) Any criminal history background information report
received by a local employing board from the State Department of Education shall be confidential,
conspicuously marked as confidential, and not further disclosed or made available for public
inspection. (b) All criminal history background information reports are specifically excluded
from any requirement of public disclosure as a public record as the Legislature finds these
documents to be sensitive personnel records. (c) Transmittal of any criminal history background
information at any time shall be accomplished in a nontransparent package, sealed, and marked
confidential with instructions to be opened only by the...
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16-23-16.2
Section 16-23-16.2 Criminal history background check for teacher preparation program applicants.
(a) Each two-year and four-year institution of higher education in the state shall require
each applicant for admission to a teacher preparation program to complete a criminal history
background information check as a part of the initial application process. (b) The criminal
history background information check shall be administered in a manner prescribed by the institution
of higher education that is consistent with the Alabama Child Protection Act of 1999, and
rules promulgated by the State Department of Education. (c) Any publication of an institution
of higher education, that describes the requirements for or application process for a teacher
preparation program offered by the institution, shall also inform prospective students of
the requirements of this section. (Act 2009-628, p. 1926, ยง1.)...
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16-22A-3
the employee to teach or have responsibility for the safety and well-being of children, or
both, as defined in this chapter. (17) SUITABILITY CRITERIA. a. Suitability Criteria for Nonpublic
Employment. Pertains to an applicant for employment, nonpublic current employee, or a current
employee under review in a nonpublic school. An individual who has not been convicted of a
child abuse crime, as defined herein as a crime committed under the law of the state that
involves the physical or mental injury, sexual abuse or exploitation, or maltreatment
of a child, shall be deemed suitable for employment. b. Suitability Criteria for Public Employment.
Pertains to an applicant for certification, certified applicant for employment, current public
certified employee, current public noncertified employee, and current employee under review
in a public school. An individual who has not been convicted of a child abuse crime, as defined
herein as a crime committed under the law of the state that...
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16-22A-7
Section 16-22A-7 Responsibilities of individuals to provide information. (a) An applicant for
certification, applicant for public employment, or public current employee under review with
the State Department of Education or local employing board, who has or will have unsupervised
access to a child or children in an educational setting, shall, upon request, submit the following
items to the State Department of Education: (1) Two functional acceptable fingerprint cards,
bearing the fingerprints of the individual, properly executed by a criminal justice agency
or other individual properly trained in fingerprinting techniques. (2) Written consent authorizing
the release of any criminal history background information to the State Department of Education.
(3) Acknowledgment that the applicant for certification, applicant for public employment,
or public current employee under review received notice that the State Superintendent of Education
will provide a suitability determination, based...
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12-15-208
witness or for return to their lawful residence or country of citizenship shall be reported
as violations of the deinstitutionalization of status offender requirement. (3) NONOFFENDERS.
Nonoffenders, as defined in this article, shall not be detained or confined in secure custody.
(4) CHILDREN 10 YEARS OF AGE AND YOUNGER. Children 10 years of age and younger shall not be
detained or confined in secure custody, unless the children are charged with offenses causing
death or serious bodily injury to persons or offenses that would be classified as Class
A felonies if committed by adults. Children 11 or 12 years of age may only be detained or
confined in secure custody by orders of juvenile courts, unless the children are charged with
offenses causing death or serious bodily injury to persons or offenses that would be
classified as Class A felonies if committed by adults. (b) Persons who may be detained or
confined in secure custody include all of the following: (1) Persons who violate...
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34-24-302
Section 34-24-302 Denial, suspension, revocation, etc., of license; investigation; mental,
physical, or laboratory examination; authorization for release of information. (a) The board
may, within its discretion, deny the issuance of a license to any person or, after notice
and hearing in accordance with board regulations, shall, within its discretion, suspend, revoke,
restrict, or otherwise discipline the license of a person who shall be found guilty on the
basis of substantial evidence of any of the following acts or offenses: (1) Conviction of
a felony. (2) Conviction of any crime or other offense, felony, or misdemeanor, reflecting
on the ability of the individual to render patient care in a safe manner. (3) Conviction of
any violation of state or federal laws relating to controlled substances. (4) Termination,
restriction, suspension, revocation, or curtailment of licensure, registration, or certification
as an assistant to physician by another state or other licensing jurisdiction...
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41-9-594
Section 41-9-594 Establishment of rules and policies; Privacy and Security Committee; fees.
(a) The commission shall establish its own rules and policies for the performance of the responsibilities
charged to it in this article. (b) The commission shall establish rules and policies that
will restrict the information obtained under authority of this article to the items germane
to the implementation of this article and restrict the use of information only to authorized
persons and agencies. (c) The chair of the commission shall appoint a Privacy and Security
Committee from the membership of the commission who are elected officials, or their designees,
consisting of a chair and three members, to study the privacy and security implications of
sharing criminal justice information and to formulate policy recommendations for consideration
by the commission concerning the collection, storage, dissemination, or usage of criminal
justice information. (d) The commission may adopt rules and...
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