Ala. Admin. Code r. 290-1-2-.03 - Matters Not Subject To Review

(1) The State Superintendent of Education shall not have the authority to review actions and orders of county and city boards of education or county superintendents of education and city superintendents of schools in personnel matters; provided, however, that the State Superintendent may review such actions and orders in personnel matters upon a finding by the State Superintendent, made after investigation, that exigent circumstances affecting the education and education interest of the affected board require the State Superintendent's intervention in such matters. Any such finding by the State Superintendent, and an explanation of the basis for the finding, shall be submitted to the State Board of Education forthwith upon its issuance.

(2) If substantial evidence exists that an employee of a county or city board of education or a county superintendent of education or a city superintendent of schools has committed a violation of the criminal laws of this state, the State Superintendent of Education shall conduct such investigation as the State Superintendent deems necessary and make a written report of such evidence of the investigation to: the county or city board of education; a county superintendent of education; or

(a) the county or city board of education;

(b) a county superintendent of education; or

(c) a city superintendent of schools;

(d) the State Board of Education; and

(e) such other appropriate law enforcement agencies as the State Superintendent deems necessary.

Notes

Ala. Admin. Code r. 290-1-2-.03

New Rule: Filed November 10, 1988 effective December 15, 1988; September 10, 1992 adopted 290-1-2-.03(1).68ER repealing 290-1-2-.03(1) and reserving same effective September 10, 1992; January 14, 1993 adopted 290-1-2-.03(1) effective February 22, 1993.

Author: Richard N. Meadows, General Counsel

Statutory Authority: Code of Ala. 1975, § 16-4-8.