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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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16-68-3
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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16-68-1
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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16-68-6
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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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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16-5-7
Section 16-5-7 State university and college electronic faculty and student unit record system;
definitions; state coordinating agency; advisory committee; database reports; failure to comply
with requirements. (a) For the purposes of this section, the following words shall have the
following meanings: (1) BIOGRAPHICAL AND DEMOGRAPHIC DATA ELEMENTS. Include, but are not limited
to, student identification number which shall not be the Social Security number, sex code,
race and ethnic identification code, birth date, country of citizenship, state of geographic
origin on entry, matriculation date, and college graduation date. (2) CURRENT EDUCATIONAL
ACTIVITY DATA ELEMENTS. Include, but are not limited to, student level, major area code, credit
hours enrolled, cumulative credit hours attempted, cumulative credit hours earned, cumulative
grade point average (GPA), state of current legal residence, residency status, cumulative
quality points, veterans' benefits status, housing status, minor/...
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16-64-2
Section 16-64-2 Requirements for qualification as resident student; rules and guidelines. (a)
For purposes of admission and tuition, a public institution of higher education may consider
that the term resident student includes any of the following: (1) One who, at the time of
registration, is not a minor and satisfies one of the following: a. Is a full-time permanent
employee of the institution at which the student is registering or is the spouse of such an
employee. b. Can verify full-time permanent employment within the State of Alabama or is the
spouse of such an employee and will commence the employment within 90 days of registration
with the institution. c. Is employed as a graduate assistant or fellow by the institution
at which the student is registering. d. Is an accredited member of or the spouse of an accredited
member of a consular staff assigned to duties in Alabama. e. Is in a program or takes courses
within an interstate consortium of colleges or universities that either...
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16-64-4
Section 16-64-4 Tuition rates for nonresident; resident tuition rates for students residing
in counties within 50 miles of campus; tuition rates for distance programs. (a) Each Alabama
public institution of higher education shall charge each undergraduate student who is registered
as a nonresident a minimum tuition of two times the resident tuition rate charged by that
institution. This rate shall be effective for students who register at an institution beginning
August 1, 1997. A nonresident graduate student at an institution shall be charged a rate of
tuition that is at least at the level of tuition charged to a nonresident undergraduate. (b)
The governing boards of each four-year public institution of higher education and Athens State
University shall retain the power to extend resident tuition rates to students who reside
in any county within 50 miles of a campus of the institution; provided, however, that campus
must be in existence and operating as of January 1, 1996. For public...
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16-1-32
Section 16-1-32 Debit cards; authorized uses; transaction fees. (a) The board of trustees or
any other governing body of a public institution of higher education as defined in Section
16-5-1 may establish a program which provides students enrolled at the institution with debit
cards issued by the institution. This specific authority shall exist in addition to any pre-existing
authority to establish such a program conferred elsewhere by the Constitution of Alabama of
1901, or statute. (b) A student issued a debit card under the program may use the card to
purchase merchandise or services available through the institution or at the institution through
a person authorized to sell merchandise or services at the institution, or at any other location
or through any other person as determined by the board of trustees or the governing body.
(c) Without limiting the generality of the foregoing subsection, the debit card program shall
at a minimum allow a person who operates an off-campus...
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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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