Alabama teachers start school with new discipline rules, but uncertainty remains

Alabama teachers will have new authority to enforce discipline in the classroom.

But it isn’t clear when exactly the “Teacher Bill of Rights,” created by a law this spring, will get implemented in local schools.

Teachers told lawmakers they have little input into disciplining students who disrupt the classroom. And when they sent a child out of the classroom, principals just send the student back to the classroom without punishment.

Under the new law, teachers will be able to challenge a principal if the teacher believes an unruly student that was sent to the principal’s office was sent back to class “prematurely.”

State Superintendent Eric Mackey said each school district will need to decide how to update its discipline policy.

But time is of the essence, with some schools opening Aug. 1, and many schools waiting to see language recommended by the state. The state Board of Education is expected to vote on a model policy Aug. 8.

“The districts are in a bit of a panic,” State Superintendent Eric Mackey said, “because the bill is in effect the first day of school.”

The model policy includes five behaviors that can get students excluded from classrooms:

  • Engage in disorderly conduct,
  • Behave in a manner that obstructs the teaching or learning process of others in the classroom,
  • Threatens, abuses, intimidates or attempts to intimidate an education employee or another student,
  • Willfully disobeys an education employee, or
  • Uses abusive or profane language directed at an education employee.

What will the new discipline process look like?

The law is clear that students with disabilities are first governed by their Individual Education Program, or IEP, and that the state law does not trump federal law.

The law also requires a teacher to follow their principal-approved classroom management plan before sending a child out of the classroom. The teacher must also fill out a referral form for the principal to go along with the student to the office.

The Teacher Bill of Rights requires the principal to certify, in writing, that the student is ready to be readmitted to class before sending the student back to the teacher’s classroom.

The law, but not the policy – which only applies to the appeals process – requires parents to be notified at various points during the disciplinary process. Parent conferences are required for students who are excluded from class multiple times within certain time periods.

The law gives principals the right to designate someone else, like an assistant principal or counselor, to handle discipline actions.

The law gives the teacher the right to appeal “to the local board of education.” But the state’s model policy suggests that local boards of education require a teacher to first appeal to the district superintendent.

Board President Pro Tem Marie Manning, who represents a district that includes parts of east-central and northeast Alabama, said she has been a classroom teacher and a school principal. “I don’t think you’ll see a lot of issues with this,” Manning said.

“I think it would be more the exception than the rule.”

Board Vice President Tonya Chestnut represents a district that includes parts of central and southwest Alabama. She told AL.com she hopes the new law will be a “win-win” for teachers and students.

“I’m just hoping that it will work for the good of the students,” Chestnut said, “because at the end of the day, we know if they’re not in the classroom, they definitely can’t learn. However, we want to look out for the best interests and safety of our teachers.”