SB 33 — Public K-12 education, employment of assistant superintendents, assistant chief school finance officers, and assistant principals by contract provided for local boards of education

SB33 ENGROSSEDENROLLED SB33 BXURJJQ-2BXURJJQ-3 By Senator Elliott RFD:

06-Feb-24 Page 0 SB33 EngrossedEnrolled 2Enrolled, 4An AAct, BILL3 TO BE ENTITLED AN ACT 9 Relating to public K-12 and public two-year institutions of higher education;

Page 1 SB33 Engrossed (1) CHIEF EXECUTIVE OFFICER.

The chief administrative and executive officer of an entity, institution, agency, or political subdivision of the state that is subject to this chapter article and includes, without limitation, superintendents of city or county boards of education and Page 1 SB33 Enrolled presidents of two-year educational institutions operated under authority and control of the Department of Postsecondary Education Board of Trustees of the Alabama Community College System.

The term does not include the employer's chief executive officer, vice president, or chief school financial officer, or assistant administrative officer as defined in Page 2 SB33 Engrossed Section 16-24B-51.

Employees who are eligible for coverage under the state Merit Page 2 SB33 Enrolled System are not covered by this chapter article.

The body of elected or appointed officials that is granted authority by law, regulation rule, Page 3 SB33 Engrossed or policy to make employment decisions on behalf of the employer.

If final decision-making authority with respect to employment decisions is conferred by law, regulation rule, or duly adopted policy on an official, administrator, or organizational unit other than a separate governing board, the Page 3 SB33 Enrolled decision or action of such the official, administrator, or organizational unit, including the president of a two-year educational institution operated under the authority and control of the Department of Postsecondary Education Board of Trustees of the Alabama Community College System, is that of 95 the governing board for purposes of this chapter article, and no additional approval of such the decision or action shall be required.

Under such these circumstances, the official, administrator, president, or organizational unit shall assume and exercise the duties of the governing board established by 95 this chapter article.

A professional Page 4 SB33 Engrossed educator's certificate does not include provisional, alternative, or emergency certificates, or certificates or licenses that are issued to instructional aides or assistants, to substitute teachers, or to business, technical, operational, or other employees whose job duties do not Page 4 SB33 Enrolled require or entail the instruction of students or the regular supervision of or interaction with employees with such job duties.

The term also includes instructors employed by two-year educational institutions operated under the authority and control of the Department of Postsecondary Page 5 SB33 Engrossed Education Board of Trustees of the Alabama Community College System and principals who had attained tenure under prior law, but who have not elected to become contract principals under subsection (h) of Section 16-24B-3.

Page 5 SB33 Enrolled 1.

Article 2, is added to Chapter Page 6 SB33 Engrossed 24B of Title 16, Code of Alabama 1975, to read as follows:

Page 6 SB33 Enrolled §16-24B-51.

Page 7 SB33 Engrossed (6) EMPLOYING BOARD.

An employing board that elects to employ assistant administrative officers Page 7 SB33 Enrolled pursuant to contracts as provided by this article.

After completion of the probationary period, the same participating employing board, upon the recommendation of the chief executive officer, shall either offer the probationary assistant administrative officer not less than a three-year Page 8 SB33 Engrossed contract pursuant to this section or terminate the probationary assistant administrative officer for any reason, or without a stated reason, as the case may be.

In the case of a probationary assistant administrative officer who is terminated prior to the end of the school year, the Page 8 SB33 Enrolled probationary assistant administrative officer shall be entitled to the hearing process as described in this section.

(c) Notwithstanding whether the contract is the initial Page 9 SB33 Engrossed contract or otherwise, should the chief executive officer make a recommendation to the participating employing board followed by a majority vote of the board not to offer a new, renewed, or extended contract to the contract assistant administrative officer, the vote of the participating employing board shall Page 9 SB33 Enrolled be made at least 90 days before the end of the existing contract.

Page 10 SB33 Engrossed e.

A justifiable decrease in the number of positions Page 10 SB33 Enrolled due to decreased enrollment or decreased funding.

Within 1020 working days after the date of receipt of notice provided to a contract assistant administrative officer informing him or her of an action by the participating employing board to nonrenew the assistant administrative officer's contract at the end of the current term of the contract, the contract assistant administrative officer, by filing written notice with the chief executive officer, may request a nonjury, expedited evidentiary hearing to demonstrate that the chief executive officer's or supervisor's recommendation to nonrenew the contract was impermissibly Page 11 SB33 Engrossed based upon a personal or political reason, or the recommendation was approved based upon personal or political reasons of the chief executive officer, supervisor, or the participating employing board, which shall be the sole issues at the hearing.

The contract assistant administrative officer Page 11 SB33 Enrolled shall bear the burden of proof by a preponderance of the evidence.

In the case of a contract assistant administrative officer who is recommended for cancellation for cause pursuant to subdivision (1), within 1020 working days after the date of receipt by the contract assistant administrative officer of the notice informing him or her of an action by the participating employing board to cancel the assistant administrative officer's contract for cause as provided in subdivision (1), the contract assistant administrative officer, by filing written notice with the chief executive officer, may request a nonjury, expedited evidentiary hearing before the circuit court in the county in which the participating employing board sits.

The chief executive officer shall provide notice to the circuit court promptly after receiving notice, that the Page 12 SB33 Engrossed participating employing board requests the nonjury, expedited evidentiary hearing.

Page 12 SB33 Enrolled (3) All contract assistant administrative officers shall be entitled to an expedited evidentiary hearing process, which shall occur within 45 days after the chief executive officer's or the contract assistant administrative officer's request, as the case may be, for an expedited hearing pursuant to subdivision (2).

If the circuit court determines that it is not able to complete the expedited evidentiary hearing within the 45-day period, the court shall refer the parties to a mediator to conduct the expedited evidentiary hearing within 45 days after the chief executive officer's or the contract assistant administrative officer's request for the expedited hearing.

(f)(1) Failure to file a timely request for an expedited evidentiary hearing, unless excused by the court or the mediator, shall result in a waiver of the right to appeal Page 13 SB33 Engrossed the decision of the participating employing board.

(2) At the end of the term of the probationary contract, or any subsequent contract, absent a written recommendation by the chief executive officer for cancellation Page 13 SB33 Enrolled or nonrenewal and an acceptance of that recommendation by a majority vote of the participating employing board, the participating employing board shall enter into a new contract with the contract assistant administrative officer for a period of not less than three years.

Page 14 SB33 Engrossed (i)(1) The chief executive officer, or his or her designee, shall at least annually evaluate the performance of each contract assistant administrative officer.

Page 14 SB33 Enrolled (2) The participating employing board, upon the written recommendation of the chief executive officer, may at any time enter into a new contract of not less than three years with the contract assistant administrative officer.

The contract assistant Page 15 SB33 Engrossed administrative officer shall complete the specific plan of professional development prior to the next evaluation.

(j)(1) Within 15 days after an unsatisfactory evaluation as prescribed by the State Board of Education and upon receipt of a recommendation by the chief executive Page 15 SB33 Enrolled officer for cancellation of the contract for cause as outlined in subdivision (e)(1), a contract assistant administrative officer, in writing to the chief executive officer, may request a review of the evaluation.

If the result of the review of the evaluation overturns the unsatisfactory evaluation, then the contract of Page 16 SB33 Engrossed the contract assistant administrative officer shall be continued for the remainder of the term of the contract subject to subdivision (e)(1).

If the result of the review of the evaluation upholds the unsatisfactory evaluation, the contract assistant Page 16 SB33 Enrolled administrative officer shall be informed of the reasons for the upholding of the unsatisfactory evaluation and the contract of the contract assistant administrative officer shall be canceled.

(3) Any contract assistant administrative officer who had attained continuing service status in a position other than as an assistant administrative officer with the Page 17 SB33 Engrossed participating employing board before becoming a contract assistant administrative officer shall retain that previously earned status and be returned to a similar status position within a reasonable time after the cancellation or nonrenewal of his or her contract as an assistant administrative officer Page 17 SB33 Enrolled with the participating employing board, provided that the cause for cancellation is not for conviction of a felony or crime involving moral turpitude.

Page 18 SB33 Engrossed (o) The chief executive officer shall make a timely written recommendation to the participating employing board regarding the continued employment of a probationary assistant administrative officer at the end of his or her probationary period and the continued employment of a contract assistant Page 18 SB33 Enrolled administrative officer at the end of his or her contract.

(b) If the conviction resulting in the revocation of the certificate pursuant to Section 16-23-5(b) is overturned on appeal, the State Superintendent of Education, upon receipt of notice of the reversal shall immediately reinstate the certificate of the assistant administrative officer or contract assistant administrative officer, and the employing board or participating employing board, at its discretion, shall place the assistant administrative officer or contract assistant administrative officer in a position commensurate with the employee's licensure from the State Department of Page 19 SB33 Engrossed Education or on paid administrative leave.

Regardless of whether the certificate of the assistant administrative officer or contract assistant administrative officer is reinstated or a new employment contract is entered into, the assistant administrative officer or contract assistant Page 19 SB33 Enrolled administrative officer, within 45 days, shall be reimbursed for any back pay, plus benefits, from the date of cancellation, up to and including the date his or her conviction is overturned.

An assistant administrative officer and contract assistant administrative officer shall assist with the administrative responsibility and instructional leadership, as directed by the chief executive officer or his Page 20 SB33 Engrossed or her supervisor, consistent with the policies of the employing board or participating employing board, for the planning, management, operation, and evaluation of the education program of the school system, department, and each school or campus, or both, under the responsibility of the Page 20 SB33 Enrolled assistant administrative officer or contract assistant administrative officer.