§ 6-17-407 — License revocation - Falsifying attendance records - Investigating allegations of employee criminal misconduct

(a) (1) The State Board of Education is directed to revoke the license of any person in this state who knowingly falsifies any attendance records kept by him or her that are used in computing the average daily attendance or average daily membership of the school district in which the person is employed, and the state board is directed to revoke the license of any superintendent of schools who knowingly permits or requires any person to falsify the attendance records. (2) Any person or superintendent of schools whose license is revoked as provided in this subsection shall not thereafter be eligible to receive a license to teach in this state. (b) (1) (A) The superintendent of schools shall be responsible for investigating and documenting allegations of criminal misconduct as delineated in §§ 6-17-410 and 6-17-414 by a school district employee and involving a student or students. (B) The investigation may be conducted by the superintendent's designee. (2) (A) If the superintendent finds no basis for allegations of criminal misconduct, he or she shall not be required to place any documents relative to such allegations or the subsequent investigation in the employee's personnel file. (B) However, if the superintendent finds probable cause that the employee has engaged in sexual misconduct with a minor, then the superintendent or his or her designee shall not provide a favorable recommendation of employment on behalf of the employee. (3) Results of any such investigation shall not be available for examination except by the employee or his or her duly authorized representative or the office of the prosecuting attorney. (4) Failure to comply with the requirements of this subsection shall be a Class C misdemeanor.

Legislative History

Amended by Act 2023, No. 792,§ 1, eff. 8/1/2023. Acts 1957, No. 370, § 1; A.S.A. 1947, § 80-1228; Acts 1997, No. 1313, § 4; 2005, No. 2151, § 4.