Alabama Teachers to Begin New School Year With Enhanced Authority in the Classroom

The Alabama State Capitol stands in Montgomery, Ala., on May 15, 2019. Julie Bennett/Getty Images

When Alabama schools open their doors in August, teachers will have new power to manage unruly students.

In an example of bipartisan cooperation, in May, both houses of the Republican-controlled Alabama Legislature unanimously passed SB 157, a law that gives teachers broader authority in maintaining order and control in their classrooms.

The statute, known as the Teachers’ Bill of Rights, took effect on June 1, after being signed into law by Alabama Gov. Kay Ivey, a Republican.

The summer break will allow time for school boards and administrators to comply with the new law by developing conforming policies of their own or adopting a model policy drafted by the state.

The law was strongly supported by the Alabama Education Association (AEA), the state’s largest teachers union, with about 87,000 members.

The AEA is an affiliate of the National Education Association.

AEA spokesman William Tunnell told The Epoch Times that the bill was very popular with the public, as evidenced by the legislature’s unanimous bipartisan approval.

“In Alabama, people of both parties understand our responsibility to educate our children,” he said. “We all want our schools to succeed and will be closely watching the implementation of the new law looking for ways to improve it.”

Louisiana adopted a similar law in 2018.

Zero Tolerance for Disruptive Behavior

The Alabama measure authorizes a teacher to exclude from the classroom any student who engages in disorderly conduct, obstructs teaching and learning, threatens, abuses, or intimidates a teacher or student, willfully disobeys a teacher or staff member, or directs profanity and abusive language toward them.

The law’s chief sponsor, Republican state Sen. Arthur Orr, told The Epoch Times that the inability in certain situations for classroom teachers to maintain order and discipline has become a serious problem.

“A teacher sends Johnny to the principal’s office for disrupting the class, and often there are no consequences. They are just sent back to class. Teachers do not feel supported and backed up by administrators who seem to be more concerned about protecting their own record,” he said.

Mr. Orr stated that the situation has become intolerable for many veteran educators, prompting them to leave the profession, and the recruitment of new teachers has become more difficult.

Mr. Tunnell told The Epoch Times that instances of large-scale fights and attacks by students on teachers and staff have increased over the years.

A 2023 survey by the Education Week Research Center of a representative sample of 1,058 educators from across the nation found that 70 percent of the respondents reported that students in their schools were misbehaving more than before the COVID-19 pandemic.

“Unfortunately, disruptive student behavior is a common issue in our schools. Teachers are not feeling adequate support from administrators,” Mr. Tunnell said. “Members throughout our state brought complaints to us and did a great job of making state legislators realize that a change was needed. Our association not only supported the proposed new law but had significant input in its writing.”

Mr. Tunnell said local and state school board policies consistent with the new law will govern how disciplinary issues are handled.

“Those policies have not changed, but the new law now puts teeth into the management of those policies,” he said.

Alabama Gov. Kay Ivey speaks during a news conference in Montgomery, Ala., on July 29, 2020. Kim Chandler/AP Photo

The Teachers’ Bill of Rights provides that a teacher may appeal to the school board if they disagree with the principal’s decision to readmit a student to class prematurely.

Teachers Given Limited Immunity

Section 4(a) of the new law exempts teachers from civil or criminal liability for reasonable actions taken while addressing student misbehavior, if said actions conform to the rules of the State Board of Education and/or local school board and do not violate state law, the Alabama Constitution, or the U.S. Constitution.

The teacher must act in good faith and without malice, and the use of excessive force, cruelty, or unusual punishment is prohibited.

Special needs students receive numerous considerations and protections under the new law.

If upon review, a teacher’s reasonable disciplinary actions result in any type of litigation, the teacher would be entitled to reimbursement of certain legal costs under some circumstances, and would be exempt from discipline for said actions by a principal or board of education.

Parental Responsibility

After two exclusions from a classroom in a single semester, the new law makes the student ineligible to be readmitted to the classroom without a parent–principal conference. The teacher must also be informed of any disciplinary course of action for the student going forward.

“This provision mandates parental involvement and requires the teacher be informed about what is going on,” Mr. Tunnell said.

In the case of a student who is excluded from the classroom three times in one month, the school principal is authorized by the new law to expel the student or recommend enrolling him or her in an alternate school within the district, if available.

“The new law sends a message and will improve parental involvement,” Mr. Orr said.

Mr. Orr and Mr. Tunnell agree that legislation alone is not enough to change a child’s behavior and that much depends on the student’s home life.