Code of Alabama

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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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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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34-13-120.1
Section 34-13-120.1 License requirements; certification. No person may conduct, maintain, manage,
or operate a cremation facility unless licensed to do so by the board. The board may issue
a license to practice as a cremationist after the applicant has satisfied all of the following
requirements: (1) Is at least 21 years of age. (2) Is a citizen of the United States or legally
present in this state. (3) Is a high school graduate or the equivalent. (4) Has successfully
completed a crematory operator training course approved by the board. (5) Has completed a
course in universal precaution and blood-borne pathogens approved by the board. (6) Has submitted
a completed application and supporting documents, as required by the board, and a fee established
by the board that does not exceed three hundred dollars ($300). (7) Has successfully completed
an examination on Alabama funeral service laws and rules. (8) Has submitted to the board a
form, sworn to by the applicant, that contains the...
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16-23-3
Section 16-23-3 Provisional certificates. (a) It is the intent of the Legislature that the
State of Alabama shall modify its policies relative to the certification of teachers to permit
an expanded alternative certification program for prospective teachers for grades six through
12. In addition to certificates issued pursuant to this chapter to individuals graduating
from approved teacher education programs, the State Board of Education shall adopt policies,
procedures, rules, regulations, or standards authorizing an alternative certificate to be
issued by the State Superintendent of Education to an individual, regardless of whether the
individual is a graduate of an approved teacher education program, where the applicant shall:
(1) Hold an earned bachelor's or higher degree from a regionally accredited institution of
higher education. (2) Submit the required application forms and fees and, when required, a
separate fingerprint fee, along with fingerprints and release forms. (3) Be...
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16-22A-34
Section 16-22A-34 Satisfaction of contingencies; procedures. (a) The requirement to conduct
a criminal history background information check on public and nonpublic current employees
pursuant to this chapter is contingent upon the State Superintendent of Education determining
that sufficient funds have been appropriated by the Legislature or made available from another
source to fund such background checks and related procedures. The State Superintendent of
Education shall certify to each local employing board, each nonpublic school, the State Finance
Director, and the Code Commissioner when sufficient funds have been appropriated for use by
the State Department of Education for purposes of conducting background checks and related
procedures on public and nonpublic current employees. (b) Upon the satisfaction of contingencies
provided in subsection (a) and upon the State Superintendent of Education certifying in writing
to the State Board of Education and each authorized employer that...
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16-22A-5
Section 16-22A-5 Agencies required to conduct criminal history background information checks.
(a) A criminal history background information check shall be conducted on all applicants seeking
positions with, and on all current employees under review employed by any local employing
board, and any State Department of Education personnel as determined by the State Superintendent
of Education, who have unsupervised access to and provide education, training, instruction,
or supervision for children in an educational setting. (b) A criminal history background information
check shall be conducted on all applicants seeking positions with, and on all current employees
and current employees under review employed by any nonpublic school, who have unsupervised
access to or who provide education, training, instruction, or supervision for children in
an educational setting. (c) No institution listed in subsection (a) or subsection (b) shall
hire an individual who may have unsupervised access to a...
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16-23-4
Section 16-23-4 Fee of applicant for certificate. (a) An application fee of thirty dollars
($30) shall be paid by an applicant. (b) The fees paid by the applicants shall be deposited
to a special account for the State Department of Education into the State Treasury at least
monthly and used for the operation of the teacher education and certification program. (School
Code 1927, §350; Code 1940, T. 52, §333; Acts 1943, No. 313, p. 300; Acts 1975, No. 426,
p. 1023, §1; Acts 1990, No. 90-622, p. 1137, §1; Act 2008-281, p. 546, §1.)...
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16-24C-10
Section 16-24C-10 Termination upon revocation of teaching certificate; effect of convictions.
(a) Any provision of this chapter or of any other statute or rule to the contrary notwithstanding,
the employment of a teacher whose certificate is revoked by the State Superintendent of Education
pursuant to Section 16-23-5, shall thereby be summarily terminated. (b) If a conviction resulting
in the revocation of the certificate of the teacher pursuant to Section 16-23-5 is overturned
on appeal, the State Superintendent of Education shall immediately reinstate the certificate
upon receipt of notice of the reversal, and the employer shall either place the employee in
a position for which the employee holds appropriate certification or place the employee on
paid administrative leave. The employee shall receive back pay and benefits from the date
of termination to the date of reinstatement. (c) Nothing in this section shall be construed
to prevent the State Superintendent of Education or the...
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34-22-4
Section 34-22-4 Limitation on application of chapter. (a) It is not the intent of this chapter
to prevent any school teacher, welfare worker, state, county, municipality, or other public
board, body, agency, institution, or official from determining in the course of their official
duties the probable need of visual services; provided, that the aforenamed person or agency
does not attempt to examine, diagnose, prescribe, or recommend any particular practitioner
and complies with the provisions of Section 38-1-2. (b) A license to practice optometry shall
not be required for the sale, preparation, or dispensing of eyeglasses or spectacles in a
retail optical dispensary or from a store, shop, or other permanently established place of
business with an optical department on prescription of a duly licensed physician skilled in
diseases of the eyes or a duly licensed optometrist authorized to practice under the laws
of this state. Contact lenses may be sold or dispensed in a retail optical...
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16-1-11.2
Section 16-1-11.2 Autonomy of nonpublic schools - Education selection by parents; exemption
from licensure or regulation. (a) A parent or guardian shall have the right to select the
type school or method of his or her choice for the K-12 education of his or her child, whether
public or nonpublic, religious or nonreligious, and including home-based education. (b) Nonpublic
schools, including private, church, parochial, and religious schools, offering educational
instruction in grades K-12, as well as home-schooled students, are not subject to licensure
or regulation by the state or any political subdivision of the state, including the State
Department of Education. This section shall not be interpreted or construed as preventing
a nonpublic school from voluntarily participating in state audits or other state administrative
oversight in order to comply with requirements of federal grant provisions, except that any
such voluntary participation may be withdrawn by the nonpublic school...
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