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16-68-1
Section 16-68-1 (Effective July 1, 2020) Legislative findings. The Legislature makes the following
findings: (1) Article I, Section 4 of the Constitution of Alabama of 1901, recognizes that
all persons may speak, write, and publish their sentiments on all subjects, and that "no
law shall ever be passed to curtail or restrain the liberty of speech...." (2) Alabama's
public institutions of higher education have historically embraced a commitment to freedom
of speech and expression. (3) The United States Supreme Court has called public universities
"peculiarly the marketplace of ideas," Healy v. James, 408 U.S. 169, 180 (1972),
where young adults learn to exercise those constitutional rights necessary to participate
in our system of government and to tolerate the exercise of those rights by others, and there
is "no room for the view that First Amendment protections should apply with less force
on college campuses than in the community at large." Healy, 408 U.S. at 180. (4) The
United...
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16-68-3
Section 16-68-3 (Effective July 1, 2020) Adoption of free expression policy. (a) On or before
January 1, 2021, the board of trustees of each public institution of higher education shall
adopt a policy on free expression that is consistent with this chapter. The policy, at a minimum,
shall adhere to all of the following provisions: (1) That the primary function of the public
institution of higher education is the discovery, improvement, transmission, and dissemination
of knowledge by means of research, teaching, discussion, and debate, and that, to fulfill
that function, the institution will strive to ensure the fullest degree possible of intellectual
freedom and free expression. (2) That it is not the proper role of the institution to shield
individuals from speech protected by the First Amendment to the United States Constitution
and Article I, Section 4 of the Constitution of Alabama of 1901, including without limitation,
ideas and opinions they find unwelcome, disagreeable, or...
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16-68-2
Section 16-68-2 (Effective July 1, 2020) Definitions. For the purposes of this chapter, the
following words have the following meanings: (1) BENEFIT. Recognition, registration, the use
of facilities of a public institution of higher education for meetings or speaking purposes,
the use of channels of communications, and funding sources that are available to student organizations
at the public institution of higher education. (2) CAMPUS COMMUNITY. A public institution
of higher education's students, administrators, faculty, and staff, as well as the invited
guests of the institution and the institution's student organizations, administrators, faculty,
and staff. (3) FREE SPEECH ZONE. An area on campus of a public institution of higher education
that is designated for the purpose of engaging in a protected expressive activity. (4) HARASSMENT.
Expression that is so severe, pervasive, and objectively offensive that it effectively denies
access to an educational opportunity or benefit...
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16-68-6
Section 16-68-6 (Effective July 1, 2020) Regulation of unprotected speech, expression, etc.
Nothing in this chapter shall be construed to prevent public institutions of higher education
from regulating and restricting speech, expression, or a protected expressive activity that
is not protected by the United States Constitution or the Constitution of Alabama of 1901,
including, but not limited to, any of the following: (1) Violations of state or federal law,
including, but not limited to, actions that damage institutional property. (2) Expressions
that a court has deemed unprotected defamation. (3) Harassment. (4) True threats, which are
defined as statements meant by the speaker to communicate a serious expression of an intent
to commit an act of unlawful violence to a particular individual or group of individuals.
(5) An unjustifiable invasion of privacy or confidentiality not involving a matter of public
concern. (6) An action that unlawfully disrupts the function or security of the...
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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section, services
performed for remuneration after December 31, 1977, including service in interstate commerce,
by: a. Any officer of a corporation; or b. Any individual who, under the usual common law
rules applicable in determining the employer-employee relationship, has the status of an employee;
or c. Any individual other than an individual who is an employee under paragraphs a. or b.
of this subdivision (1) who performs services for remuneration for any person: 1. As an agent-driver
or commission-driver engaged in distributing meat products, bakery products, beverages (other
than milk) or laundry or dry cleaning services for a principal; 2. As a traveling or city
salesman engaged upon a full-time basis in the solicitation on...
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16-5-8
Section 16-5-8 Review, coordination, establishment, etc., of programs; transfer of credits;
Articulation and General Studies Committee. (a)(1) The Commission on Higher Education is authorized
to review periodically all new and existing programs and units of instruction, research, and
public service funded by state appropriations at the state universities and colleges and to
share with the appropriate governing board, through the president of the institution, and
state Legislature, its recommendations. (2) As a part of its program review process, the commission
shall enforce, monitor, and report on minimum degree productivity standards for all existing
programs of instruction at public two-year and four-year institutions of higher education.
Productivity standards shall be based, primarily, but not exclusively, on the annual average
number of degrees conferred during a five-year period for senior institutions and a three-year
period for two-year institutions, as verified by the...
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16-47A-3
Section 16-47A-3 Programs, facilities, and services; mission and objectives of the university.
(a) Athens State University shall provide, maintain, and operate public higher education programs
and facilities dedicated to the preparation of students. The university shall provide educational
services for the greater community including advanced education for mature students, private
citizens, and service men and women, in a manner that does not violate or cause a violation
of Title VI of the Civil Rights Act of 1964 or the United States Constitution. The university
shall provide an academic, cultural, and social environment that fosters individuality and
develops productive members of society. The mission of the university shall be accomplished
by providing services to students and the greater community through the utilization of university
staff and facilities and through superior teaching, scholarship, creative activities, and
public service. (b) The overriding mission of the...
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16-1-20.5
Section 16-1-20.5 Protection of student religious liberties. (a) This section shall be known
and may be cited as the "Alabama Student Religious Liberties Act of 2015." (b) A
public local board of education may not discriminate against students or parents on the basis
of a religious viewpoint or religious expression. A local board of education shall treat a
student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible
subject in the same manner the local board of education treats a student's voluntary expression
of a secular or other viewpoint on an otherwise permissible subject and may not discriminate
against the student based on a religious viewpoint expressed by the student on an otherwise
permissible subject. (c) Students may express their beliefs about religion in homework, artwork,
and other written and oral assignments free from discrimination based on the religious content
of their submissions. Homework and classroom assignments shall be judged by...
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16-33B-1
Section 16-33B-1 Definitions. As used in this chapter, unless the context clearly requires
a different meaning, the following words shall have the following meanings: (1) ACHE. The
Alabama Commission on Higher Education. (2) APPROVED LENDER. Any eligible institution, or
any bank, trust company, savings and loan association, credit union, pension fund, or insurance
company, whose primary consumer credit function is not the making of insured student loans
and which is examined and supervised by the appropriate state or federal regulatory agency
or any other institution or agency defined as an eligible lender in accordance with the Federal
Student Loan Law. (3) ELIGIBLE INSTITUTION. Any postsecondary educational institution which
is approved by the Alabama Commission on Higher Education for the purposes of this program.
However, an institution offering exclusively correspondence, independent study, or home study
courses is not an eligible institution. (4) FEDERAL STUDENT LOAN LAW. Title...
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38-12B-6
Section 38-12B-6 Eligibility; disbursement of funds. (a) To be eligible to participate in the
program, a scholarship applicant shall satisfy all of the following: (1) Be in the legal custody
of the foster care program of the department at the time of graduation from high school or
earning a General Educational Development (GED) high school equivalency certification; or
in the permanent legal custody of the foster care program of the department when his or her
adoption is finalized, at 14 years of age or older, and has graduated from high school or
earned a GED certification. (2) Have net personal assets worth less than thirty thousand dollars
($30,000), subject to adjustment by the Commissioner of the Department of Human Resources
to account for inflation. (3) Is younger than 26 years of age at the start of the semester,
training program, or certification program for which tuition or fees are requested from the
program. (4) Is accepted for enrollment in a degree-granting, training, or...
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