Amendment vs bill Amendment NWLI8TT-1 vs Enrolled

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SB33 ENROLLED SB33 BXURJJQ-3 By Senator Elliott RFD:
NWLI8TT-1 :
Education Policy First Read:
5/1/2024 :
06-Feb-24 Page 0 SB33 Enrolled Enrolled, An Act, 3 Relating to public K-12 and public two-year institutions of higher education;
KMS 2ND BAKER AMENDMENT TO SB33 OFFERED BY REPRESENTATIVE BAKER 2 4 Replace line 299 on page 11 with the following:
to amend Section 16-24C-3, Code of Alabama 1975, relating to the Students First Act of 2011, to revise definitions relating to the teacher tenure law;
to add Article 2, commencing with Section 16-24B-50, to Chapter 24B, Title 16, Code of Alabama 1975, to create the Assistant Administrator Accountability Act;
to provide for the employment of assistant superintendents, assistant chief school finance officers, and assistant principals of a school system or school, including a vocational center, hired on or after July 1, 2024, on a contract basis;
and to require for the employment of executive and administrative management personnel by public two-year institutions of higher education hired on or after July 1, 2024, on a contract basis.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1.
Section 16-24C-3 of the Code of Alabama 1975, is amended to read as follows:
"§16-24C-3 For purposes of this chapter article, the following terms shall have the following meanings:
(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 includes persons individuals serving in such a capacity on an acting or interim basis under lawful appointment or by operation of law.
(2) CLASSIFIED EMPLOYEE.
All adult bus drivers, all full-time lunchroom or cafeteria workers, janitors, custodians, maintenance personnel, secretaries and clerical assistants, instructional aides or assistants, whether or not certificated, non-certificated supervisors, and, except as hereinafter provided, all other persons individuals who are not teachers as defined herein who are full-time employees of a city or county board of education, two-year educational institutions operated under the authority and control of the Department of Postsecondary Education Board of Trustees of the Alabama Community College System, the Alabama Institute for Deaf and Blind, including production workers at the Alabama Industries for the Blind, and educational and correctional institutions under the control of the Department of Youth Services.
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 Section 16-24B-51.
Full-time employees include adult bus drivers and other employees whose duties require 20 or more hours in each normal working week of the school term, excluding holidays that are recognized by the employer.
Employees who are eligible for coverage under the state Merit Page 2 SB33 Enrolled System are not covered by this chapter article.
A probationary classified employee is a classified employee who has not attained nonprobationary status.
(3) EMPLOYEE.
Unless otherwise specified, and as appropriate to the context, the term includes either a teacher or a classified employee, or both, whose employment is subject to this chapter article.
(4) EMPLOYER.
The entity, institution, agency, or political subdivision of the state by which an employee who is subject to this chapter article is employed.
Employers subject to this chapter article include all city and county boards of education, all educational and correctional institutions under the control of the Department of Youth Services, the Alabama Institute for Deaf and Blind, and two-year educational institutions operated under the authority and control of the Department of Postsecondary Education Board of Trustees of the Alabama Community College System.
Each two-year institution operated under the authority and control of the Department of Postsecondary Education Board of Trustees of the Alabama Community College System is a separate employer for purposes of this chapter article.
(5) GOVERNING BOARD.
The body of elected or appointed officials that is granted authority by law, regulation rule, 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 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.
For purposes of this chapter article, the State Board of Education shall not be deemed to be or authorized to function as the employer or the governing board of any employer covered by this chapter article.
(6) PROBATIONARY TEACHER.
A teacher who has not attained tenure.
(6)(7) PROFESSIONAL EDUCATOR'S CERTIFICATE.
A certificate or license, by whatever name, designation, or subclassification known or identified, issued by the State Department of Education, or recognized under an approved interstate reciprocity program, and that must be maintained by the employee in order to be employed as a teacher in the county and city schools of this state.
A professional 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.
(7)(8) SCHOOL YEAR.
The period beginning with the first day of the annual school term and ending with the last day of the annual school term on which classroom instructors are required to report for duty, as established by the governing board.
For a two-year educational institution, the school year shall be deemed to begin on the first day of the fall academic semester and continuing through the final day of the spring academic semester, but shall not include the summer academic semester.
(8)(9) TEACHER.
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All employees of entities that are covered by this chapter article who are required by law, regulation rule, or employer policy to maintain a professional educator's certificate issued by the State Department of Education and who are employed by a city or county board of education, the Alabama Institute for Deaf and Blind, or educational and correctional institutions under the control of the Department of Youth Services.
Within 20 working days after the date of receipt of notice 9 Replace line 326 on page 12 with the following:
The term also includes instructors employed by two-year educational institutions operated under the authority and control of the Department of Postsecondary 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.
to subdivision (1), within 20 working days after the date of receipt Page 1
b.
The term does not include an any of the following:
Page 5 SB33 Enrolled 1.
An employer's chief executive officer, chief school financial officer, or a principal who is employed as or who has elected to become a contract principal under subsection (h) of Section 16-24B-3, whether or not certification is required for those positions by law or policy, and does not include the.
2.
An assistant administrative officer who is employed as or who has elected to become a contract assistant administrative officer under subsection (h) of Section 16-24B-52, whether or not certification is required for those positions by law or policy.
3.
Executive and administrative management, including the president or, vice president, deans, executive directors, directors, deputies, or chiefs of a public two-year educational institution of higher education operated under the authority and control of the Department of Postsecondary Education Board of Trustees of the Alabama Community College System.
A probationary teacher is a teacher who has not attained tenure." Section 2.
The Teacher Accountability Act, Chapter 24B of Title 16, consisting of Sections 16-24B-1 through 16-24B-8, Code of Alabama 1975, is designated as Article 1, Chapter 24B, Title 16, Code of Alabama 1975.
Article 2, is added to Chapter 24B of Title 16, Code of Alabama 1975, to read as follows:
Article 2.
Assistant Administrator Accountability Act.
§16-24B-50.
Short title.
This article shall be known and may be cited as the Assistant Administrator Accountability Act.
Page 6 SB33 Enrolled §16-24B-51.
Definitions.
As used in this article, the following terms have the following meanings:
(1) ASSISTANT ADMINISTRATIVE OFFICER.
Includes only those individuals hired before July 1, 2024, and certified for their position as prescribed by the State Board of Education and who are employed by an employing board as an assistant superintendent, assistant chief school finance officer, or assistant principal of a school system or school, including a vocational center.
(2) CHIEF EXECUTIVE OFFICER.
The same as defined in Section 16-24B-2.
(3) CONTRACT ASSISTANT ADMINISTRATIVE OFFICER.
Includes only those individuals hired on or after July 1, 2024, and certified for their position as prescribed by the State Board of Education and who are employed by a participating employing board as an assistant superintendent, assistant chief school finance officer, or assistant principal of a school system or school, including a vocational center, pursuant to this article.
(4) CONTRACT YEAR.
The same as defined in Section 16-24B-2.
(5) DAY.
The same as defined in Section 16-24B-2.
(6) EMPLOYING BOARD.
The same as defined in Section 16-24B-2.
(7) MEDIATOR.
The same as defined in Section 16-24B-2.
(8) PARTICIPATING EMPLOYING BOARD.
An employing board that elects to employ assistant administrative officers Page 7 SB33 Enrolled pursuant to contracts as provided by this article.
(9) PROBATIONARY ASSISTANT ADMINISTRATIVE OFFICER.
Any assistant superintendent, assistant chief school finance officer, or assistant principal hired for the first time in any local school system or school as an assistant superintendent, assistant chief school finance officer, or assistant principal on or after July 1, 2024.
§16-24B-52.
Assistant administrative officers;
probationary and contract assistant administrative officers.
(a) Any other provision of law to the contrary notwithstanding, any individual employed as an assistant administrative officer in the public schools in Alabama on or after July 1, 2024, at the election of a participating employing board and upon the recommendation of the chief executive officer, may be employed as a probationary assistant administrative officer for up to one full contract year;
provided, however, that if the individual is being employed as an assistant administrative officer for the first time, the probationary period may be for up to two full contract years.
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 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.
Any contract assistant administrative officer hired on or after July 1, 2024, to work in the capacity of a contract assistant administrative officer in a public school in the state shall be properly certified and shall be employed pursuant to a written contract for an initial period of not less than three years.
The initial contract of not less than three years may only be canceled for cause as described in subdivision (e)(1).
If the contract is canceled for cause related to failure to perform duties in a satisfactory manner, as evidenced by an unsatisfactory evaluation, the chief executive officer and the participating employing board shall be subject to the review provisions described in subsection (j).
(b) Subject to the procedures described in subsection (c), in the case of a contract assistant administrative officer after the probationary term of the contract, the contract shall be renewed for a period not less than three years, and shall contain a provision for cancellation during the term of the contract only for just cause, described in subdivision (e)(1).
(c) Notwithstanding whether the contract is the initial 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.
The recommendation shall contain written notice of the decision of the chief executive officer and the reasons for the decision to nonrenew the contract.
Notice shall be provided to the contract assistant administrative officer either by personal service or by certified mail, return receipt requested, mailed to the last known address of the contract assistant administrative officer.
The decision of the chief executive officer and the participating employing board may be based on any reason except personal or political reasons.
(d) Nothing in this section or article shall be construed to confer continuing service status or nonprobationary status on any contract or probationary assistant administrative officer.
(e)(1) A participating employing board may cancel the contract of a contract assistant administrative officer for cause at any time for any of the following reasons:
a.
Immorality.
b.
Insubordination.
c.
Neglect of duty.
d.
Conviction of a felony or a crime involving moral turpitude.
e.
Failure to fulfill the duties and responsibilities imposed upon an assistant administrative officer by law.
f.
Willful failure to comply with policy of the participating employing board.
g.
A justifiable decrease in the number of positions Page 10 SB33 Enrolled due to decreased enrollment or decreased funding.
h.
Failure to maintain his or her certificate in a current status.
i.
Incompetency.
j.
Failure to perform duties in a satisfactory manner.
k.
Other good and just cause.
(2) Within five days of the action of the participating employing board of canceling or nonrenewing the contract of a contract assistant administrative officer, the participating employing board shall provide written notice pursuant to subsection (c) to the contract assistant administrative officer with a statement of the reasons upon which the action was taken.
a.
Within 20 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 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.
The hearing shall be held before the circuit court in the judicial circuit of the county in which the participating employing board sits.
The expedited evidentiary hearing shall be binding on all parties.
Promptly after delivering a written request for a hearing, the contract assistant administrative officer, or his or her designee, shall file with the appropriate circuit court a request for an expedited hearing and shall provide a copy of the request to the applicable chief executive officer.
b.
In the case of a contract assistant administrative officer who is recommended for cancellation for cause pursuant to subdivision (1), within 20 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 participating employing board requests the nonjury, expedited evidentiary hearing.
At the hearing the participating employing board shall bear the burden to prove, by a preponderance of the evidence, that the cancellation is solely for cause pursuant to subdivision (1).
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 days after the chief executive officer's or the contract assistant administrative officer's request for the expedited hearing.
The written decision of the mediator shall be binding on the parties.
(4) The contract assistant administrative officer may request reinstatement at the expedited evidentiary hearing.
If such an action is initiated by the contract assistant administrative officer, the pay and benefits of the contract assistant administrative officer shall be discontinued only upon a final order denying reinstatement by the circuit court or the mediator.
(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 the decision of the participating employing board.
No further action is necessary by 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.
(g) The decision of the circuit court or mediator shall be final and exclusively appealable to the Alabama Court of Civil Appeals, as a nonevidentiary appeal in which review is limited to the record from the expedited evidentiary hearing as provided for in this article.
(h)(1) Any assistant administrative officer hired before July 1, 2024, who has not obtained continuing service status with an employing board under prior law and any assistant administrative officer who attained continuing service status under prior law before July 1, 2024, may voluntarily and irrevocably relinquish his or her continuing service status as an assistant administrative officer and elect to be employed by contract.
(2) The relinquishment of continuing service status and election to serve under contract shall be made in writing to the participating employing board at least 30 days before the start of the immediately succeeding scholastic year to be effective in that scholastic year, and thereafter.
(i)(1) The chief executive officer, or his or her designee, shall at least annually evaluate the performance of each contract assistant administrative officer.
The evaluation shall be performed in a manner prescribed by the State Board of Education.
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.
In the event of an unsatisfactory but remediable performance on the evaluation as prescribed by the State Board of Education, a conference shall be held with the contract assistant administrative officer and a specific plan of professional development shall be presented by the chief executive officer, which specifies the area or areas of unsatisfactory performance and recommends a plan to correct the unsatisfactory performance.
The contract assistant administrative officer shall complete the specific plan of professional development prior to the next evaluation.
In the event of an evaluation indicating unsatisfactory performance as prescribed by the State Board of Education, the chief executive officer shall either recommend to the participating employing board cancellation of the contract for cause as outlined in subdivision (e)(1) or a conference shall be held with the contract assistant administrative officer and a specific plan of professional development shall be presented by the chief executive officer, which specifies the area of unsatisfactory performance and recommends a plan to correct the unsatisfactory performance.
The contract assistant 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.
(2) The review of the evaluation shall be conducted by an independent third-party evaluator who shall determine whether sufficient cause exists for the unsatisfactory finding and be chosen in the following manner:
a.
Within five days after the request for a review of the evaluation, the chief executive officer or designee shall request a list of five individuals who are certified to evaluate contract assistant administrative officers from the State Department of Education.
b.
From the list described in paragraph a., the chief executive officer and the contract assistant administrative officer shall each strike two names.
c.
The State Superintendent of Education shall designate an evaluator from the name or names remaining.
(3) The review of the evaluation shall be completed within 30 days after the request for a review of the evaluation is received by the chief executive officer.
(4)a.
If the result of the review of the evaluation overturns the unsatisfactory evaluation, then the contract of the contract assistant administrative officer shall be continued for the remainder of the term of the contract subject to subdivision (e)(1).
b.
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.
(k) Except as provided in subsection (h), the contract of an assistant administrative officer holding the position on July 1, 2024, shall not be canceled, nonrenewed, reduced, or changed in compensation or continuing service status, or time toward continuing service status, due to the enactment of this article.
(l)(1) Any decision not to continue the employment of a probationary assistant administrative officer or contract assistant administrative officer shall be made by a majority vote of the participating employing board upon the written recommendation of the chief executive officer.
(2) The decision not to continue the employment of a contract assistant administrative officer shall cancel the employment relationship between the participating employing board and the contract assistant administrative officer effective at the end of the current contract period.
(3) Any contract assistant administrative officer who had attained continuing service status in a position other than as an assistant administrative officer with the 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.
(m)(1) Commencing on July 1, 2024, an employing board may elect to employ assistant administrative officers pursuant to this article on a contract basis in lieu of the tenure process provided in Chapter 24C, the Students First Act of 2011.
After an election is made, the participating employing board may not revert back to the tenure process without the passage of a local legislative act.
(2) Upon passage of a local legislative act mandating reversion, the terms and conditions of any contract executed pursuant to this article shall be fulfilled and any contract assistant administrative officer who had previously attained continuing service status with the employing board under the Students First Act of 2011, before becoming a contract assistant administrative officer, shall revert back to his or her previously earned status and be returned to a similar status position.
(n) If a contract assistant administrative officer is not evaluated as required by this section, his or her contract shall be extended one additional contract year for each contract year not evaluated up to three years.
(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.
Failure of the chief executive officer to make a recommendation shall not in any way prejudice the probationary assistant administrative officer or contract assistant administrative officer.
§16-24B-53.
Assistant administrative officers;
cancellation of contract.
(a) Notwithstanding any other provision of this article, the employment contract of an assistant administrative officer or contract assistant administrative officer, whose certificate is revoked by the State Superintendent of Education pursuant to Section 16-23-5(b), shall be immediately canceled.
(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 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.
(c) Nothing in this section shall be construed to preclude the State Superintendent of Education or the employing board or participating employing board from pursuing other legal action against the assistant administrative officer or contract assistant administrative officer based upon the underlying circumstances of the conviction.
§16-24B-54.
Assistant administrative officers;
duties.
(a) Subject to the authority of the chief executive officer and the employing board or participating employing board, an assistant administrative officer and contract assistant administrative officer shall assist his or her supervisor with the supervision of the daily operation and management of personnel, finances, facilities, and other matters of the school or campus for which the assistant administrative officer or contract assistant administrative officer is responsible.
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 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.
(b) An assistant administrative officer and contract assistant administrative officer shall observe all rules, policies, and procedures relative to the operation of the public schools as established by applicable law, rule, and standard of both the State Board of Education and the employing board or participating employing board.
(c) An assistant administrative officer and contract assistant administrative officer shall perform all other duties assigned by the chief executive officer, consistent with the policies of the employing board or participating employing board and the law.
(d) An assistant administrative officer and contract assistant administrative officer, if asked by his or her supervisor, shall make written advisory recommendations to the chief executive officer or his or her supervisor, or both, regarding the appointment, assignment, promotion, transfer, and cancellation of the contracts of all personnel assigned to the school system, department, and any school or campus under his or her responsibility.
Advisory recommendations are not binding upon the chief executive officer or the supervisor of the assistant administrative officer or the contract assistant administrative officer, and the chief executive officer shall have final authority for all personnel assignments within the applicable school system.
§16-24B-55.
Appeals.
(a) All appeals of a final decision from the expedited Page 21 SB33 Enrolled evidentiary hearing shall lie with the Alabama Court of Civil Appeals.
An appeal shall be filed within 14 days after the receipt of the final written decision of the circuit judge or the mediator.
An appeal by either party shall be perfected by filing a written notice of appeal with the clerk of the Court of Civil Appeals within 14 days after the receipt of the final written decision of the circuit judge or the mediator by the party.
Failure to file a timely notice of appeal shall render the decision of the circuit judge or the mediator final.
Within 28 days after an appeal is filed, the chief executive officer shall transmit the record to the clerk.
Failure of the chief executive officer to timely transmit a full and accurate record to the clerk shall result in a favorable decision being entered by the court for the contract assistant administrative officer.
(b) The decision of the circuit judge or the mediator shall be affirmed on appeal unless the Court of Civil Appeals finds the decision to be against the great weight of the evidence.
(c) The final written decision of a judge or mediator which is not appealed, or is affirmed on appeal, shall have the force and effect of a final judgment upon which execution may issue, or which may be enforced by other appropriate writ.
§16-24B-56.
Preliminary certificate;
breach of assistant administrative officer employment contract.
(a) An individual who has not completed a teacher education program in Principal or Educational Administrator may be eligible for a preliminary certificate, which could Page 22 SB33 Enrolled lead to full certification by the State Department of Education under rules approved by the State Board of Education.
(b) No action shall lie for the recovery of damages for the breach of any employment contract of a contract assistant administrative officer in the public schools.
§16-24B-57.
Opposition to employment action.
It shall be unlawful for an employing board or participating employing board to cancel or reduce the contract of a teacher, assistant administrative officer, or contract assistant administrative officer or to transfer, reprimand, or discipline a teacher because the teacher opposed any employment action under this article or this title.
Section 3.
Any provision of the Students First Act of 2011 to the contrary notwithstanding, any executive and administrative management personnel hired on or after July 1, 2024, including a president, vice president, dean, executive director, director, deputy, or chief by a public two-year institution of higher education under the authority and control of the Board of Trustees of the Alabama Community College System shall be employed on a contract basis as provided by rule of the board.
Section 4.
This act shall become effective on July 1, 2024.
Page 23 SB33 Enrolled ________________________________________________ President and Presiding Officer of the Senate ________________________________________________ Speaker of the House of Representatives SB33 Senate 19-Mar-24 I hereby certify that the within Act originated in and passed the Senate, as amended.
Patrick Harris, Secretary.
House of Representatives Amended and passed:
08-May-24 Senate concurred in House amendment 09-May-24 By:
Senator Elliott Page 24