This text of Alabama § 16-28C-4 (Liability of Education Employees; Expenses for Legal Services) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)An education employee may not be held civilly or criminally liable for his or her actions while addressing student behavior that could lead to exclusion pursuant to Section 16-28C-3, if those actions are carried out in conformity with rules of the State Board of Education or policies of the local board of education where he or she is employed, except in the following cases:
(1)The education employee engages in excessive force or cruel and unusual punishment.
(2)The education employee acts willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law.
(3)The education employee violates the United States Constitution, the Constitution of Alabama of 2022, or the laws of this state.
(b)(1) The Educators’ Liability Trust Fu
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(a) An education employee may not be held civilly or criminally liable for his or her actions while addressing student behavior that could lead to exclusion pursuant to Section 16-28C-3, if those actions are carried out in conformity with rules of the State Board of Education or policies of the local board of education where he or she is employed, except in the following cases:
(1) The education employee engages in excessive force or cruel and unusual punishment.
(2) The education employee acts willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law.
(3) The education employee violates the United States Constitution, the Constitution of Alabama of 2022, or the laws of this state.
(b)(1) The Educators’ Liability Trust Fund may reimburse reasonable expenses for legal services for an education employee if he or she is charged with civil or criminal actions arising out of and in the course of the performance of his or her assigned duties and responsibilities under terms and conditions established by the Department of Finance consistent with this chapter.
(2) No later than the first legislative day of each regular session of the Legislature, the Educators’ Liability Trust Fund shall provide a report detailing expenditures made during the preceding year pursuant to this chapter, including a breakdown of expenditures by employing school district, to the State Superintendent of Education, the Chair of the House of Representatives Ways and Means Education Committee, and the Chair of the Senate Finance and Taxation Education Committee.
(c)(1) If an education employee charged with civil or criminal actions arising out of and in the course of the performance of his or her assigned duties and responsibilities under this chapter successfully defends himself or herself, the Educators’ Liability Trust Fund shall provide for reimbursement of reasonable expenses for his or her legal services under terms and conditions established by the Department of Finance consistent with this chapter.
(2) If the Educators’ Liability Trust Fund does not pay a claim for reimbursement pursuant to this subsection, reimbursement may be made by the employing local board of education at its sole discretion.
(d)(1) In cases in which a teacher faces legal action, disciplinary action, or professional sanctions for an action taken based on his or her classroom management plan that was approved by the school principal, there is a rebuttable presumption that the teacher was taking necessary actions to restore or maintain the safety or instructional atmosphere of his or her classroom.
(2) Principals shall review and act upon classroom management plans promptly. Each classroom management plan shall be approved by the principal before the tenth day of instruction for students during each academic year.
(e) This section shall not be construed to eliminate, alter, or otherwise modify any other immunity regarding officers, employees, or agents of the state established under the Constitution of Alabama of 2022, and the laws of this state.
(f) A teacher may not be reprimanded or otherwise be subjected to disciplinary action by his or her principal, a local board of education, or the State Board of Education for any action taken pursuant to this chapter if his or her actions are found to be legal and in conformance with the policy of the local board of education or the State Board of Education.