Rights and Responsibilities

FERPA affords parents/guardians and students over 18 years of age “eligible students” certain rights with respect to the student’s education records and personally identifiable information.

These rights are:

Under Alabama law, local school systems are required to inform parents and guardians of their education-related responsibilities. Parents and guardians are responsible for the child’s attendance and conduct in school. Parents and guardians are required to receive the Code of Student Conduct and sign acknowledgement electronically through the registration/returning student online process.Under Alabama law, parents or guardians who fail to compel their child to regularly attend school or fail to compel the child to properly conduct himself or herself as a pupil in accordance with the written policy on school behavior adopted by the Board of Education shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $100 and may be sentenced to hard labor for the county for not more than 90 days. (Code of Alabama, §16-28-12)

 

Furthermore, with certain exceptions, the school system is entitled to recover actual damages from the parent or guardian, or both, of any minor who maliciously and willfully damages or destroys property belonging to the school system.

 

At the beginning of each school year, and no later than 30 days after a new or revised curriculum is adopted, the superintendent shall verify that each school has posted current adopted curricula for each class on the school’s website. Access to the online curricula shall be made available to students, parents, or guardians of enrolled students through the local website.

 

Parents of students enrolled in a teacher’s class may make requests for detailed summaries of the following information directly to the teacher:

For any class in which reading books is required, the parent may request the title and syllabus for those books.

 

If parents want more information about how materials relate to the state-adopted content standards or want to physically examine any materials used in the classroom, they may request this information by contacting the school principal. If necessary, parents may also request that the local board allow the examination at the next work session or at the end of a board meeting.

 

If the teacher fails to comply, the parent/guardian may file a complaint with the superintendent. If the complaint is not resolved by the local superintendent within 10 school days, the parent/guardian may file a complaint with the State Superintendent of Education or his/her designee.

 

DIVISIVE CONCEPTS AND DIVERSITY, EQUITY, AND INCLUSION LAW (Act 2024-409)

 

STUDENT DUE PROCESS

Before being punished for violation of a Board policy or local school rule and regulation, (but not necessarily before being removed from the immediate academic setting), the local school principal or designee will ensure that students are accorded appropriate due process. The following minimal due process will be accorded the student:

• The student will be given oral or written notice of the charge(s) against him/her.
• The evidence supporting the charge(s) will be explained to the student.
• The student will be given an opportunity to present his/her own version of the facts concerning the charge(s).

 

STUDENT GRIEVANCES AND APPEALS

Students have both the right and the responsibility to express school-related concerns and grievances to the teachers and school administrators. The term “grievance” applies to matters that fall within the discretionary powers of the principal, Superintendent and/or Board. Any student with a personal grievance is to discuss the matter with the teacher involved. When the nature of the grievance dictates otherwise, the student, upon notifying the teacher directly involved, may request a meeting with the school principal. One faculty member of the student's choice or his/her parent(s) or guardian(s) may be present at such a meeting. A grievance is defined as a written claim submitted by a student of a violation, misinterpretation, or inequitable application of local Board policy, local school rules and regulations, or local administrative procedure.

In the event that the grievance cannot be settled at the school level, then the student through his/her parent(s) or guardian(s) may pursue the grievance to the Superintendent and then to the Board. 

SUMMARY OF CIVIL LIABILITIES AND CRIMINAL PENALTIES

The following laws relate to civil liabilities and criminal penalties for violence or other misbehavior by students on school property, at school-sponsored events, on the way to or from school, or against school employees.

ATTENDANCE AND CONDUCT (Ala. Code § 16-28-12 (1975))

Each parent/guardian or other person having control or custody of a child required to attend school who fails to have the child enrolled, to have the child regularly attend school, or to compel the child to properly conduct himself/herself as a pupil in accordance with the written policy on school behavior adopted by the local Board of Education shall be guilty of a misdemeanor (and may be fined up to $100 and may be sentenced to hard labor for up to ninety (90) days.)

STUDENTS OF ACTIVE MILITARY PARENTS (Acts 2024-328, 2024-397)

According to Ala. Code §16-28-60, children of military members may enroll in school before their arrival in Alabama even if they do not yet have proof of residency if their parent/legal guardian: 

• Is on active military duty and is transferred or is pending transfer to a military installation or reservation in Alabama;
• Provides a copy of the official military order transferring to a military installation or reservation in Alabama if requested by the school system; and
• Completes and submits all the other required enrollment forms and documentation. 

The same opportunities for school assignment, course selection, and sporting activities for resident students will be provided to these military students.

If the enrolling student is transferring with a Section 504 plan, an Individualized Family Service Plan (IFSP), or an Individualized Education Plan (IEP), the school system shall take necessary steps, including but not limited to, the transfer of records and past evaluations, performing reevaluations, and holding meetings, to ensure the comparable services are in place when the student arrives in Alabama. If a new evaluation is required, it must be completed within 30 days of the student’s arrival, subject to the informed consent of the parent/guardian.

Immediate Athletic Eligibility for Children of Active Duty Military (Act 2024-397)

No public school can deny a dependent of an active-duty military parent from immediate eligibility to participate in an interscholastic athletic contest due to the child making a bona fide move following a change of station orders. This applies no matter when the child enrolls in the school within the new attendance zone. The school and athletic association can require the parent to provide the permanent change of station orders to confirm the move that made the child’s enrollment necessary. 

ARTIFICIAL INTELLIGENCE (AI) PROTECTIONS FOR STUDENTS (ACT 2024-98)

This Act redefines child sexual abuse material and sexually explicit conduct to include virtually    indistinguishable depictions. It is a Class B felony to use AI to create content that is intended to cause another to believe that the material or purported material is a visual depiction of an actual individual under 18 years of age engaging in sexually explicit conduct.

TEACHERS’ BILL OF RIGHTS

The Teachers’ Bill of Rights requires teachers to have an approved classroom management plan and affords teachers the right to exclude disruptive students from their classrooms in limited circumstances if they follow that plan.

FENTANYL EDUCATION (Act 2024-221)

TEACHER ASSAULT (Ala. Code § 13A-6-21 (1975))

DRUG DEALING (Ala. Code § 6-5-72 (1975))

WEAPONS IN SCHOOLS (Ala. Code § 13A-11-72 (1975))

VANDALISM (Ala. Code § 6-5-380 (1975))

PISTOL POSSESSION/DRIVER’S LICENSE (Ala. Code § 16-28-40 (1975))

DROP-OUT/DRIVER’S LICENSE (Ala. Code § 16-28-40 (1975))