IT’S THE LAW
The following laws relate to civil liabilities and criminal penalties for violence or other misbehavior by students on school property, at school events, on the way to and from school, or against school employees:
TOBACCO (Acts 1997, No. 97-423, p. 721, §14)
Any tobacco or tobacco product found in the possession of a minor is contraband and subject to seizure by law enforcement. Any minor violating Section 28-11-13 shall be issued a citation similar to a uniform non-traffic citation and shall be fined not less than ten dollars ($10) nor more than fifty dollars ($50) for each violation. The minor shall not be required to pay any other court costs or fees. Any statute or law to the contrary notwithstanding, disposition of any violation shall be within the jurisdiction of the district or municipal court and not the juvenile court. Violations shall not be considered criminal offenses and shall be administratively adjudicated by the district or municipal court.
ATTENDANCE AND CONDUCT (ACT 94-782)
Each parent/guardian or other person having control or custody of a child required to attend school who fails to require the child to enroll, to regularly attend school, or to compel the child to properly conduct himself/herself as a pupil in accordance with the written policy on school behavior adopted by the local board of education shall be guilty of a misdemeanor (may be fined up to $100 and may be sentenced to hard labor for up to 90 days).
TEACHER ASSAULT (ACT 94-794)
A person commits the crime of assault in the second degree (Class C Felony) if the person assaults with intent to cause serious physical injury to a teacher or to an employee of a public educational institution during or as a result of the performance of his or her duty.
DRUG DEALING (ACT 94-783)
A person who unlawfully sells, or furnishes, or gives a controlled substance to a minor may be liable for injury or damage or both suffered by a third person caused by or resulting from the use of the controlled substance by the minor, if the sale, furnishing, or giving of the controlled substance is the proximate cause of the injury or damage.
DRUGS, ALCOHOL, WEAPONS, PHYSICAL HARM,
or THREATENED PHYSICAL HARM (ACT 94-784)
The school Principal shall notify appropriate law enforcement officials when a person violated local board of education policies concerning drugs, alcohol, weapons, physical harm to a person, or threatened physical harm to a person. If any criminal charge is warranted, the principal is authorized to sign the appropriate warrant. If that person is a student, the local school system shall immediately suspend that person from attending regular classes and schedule a hearing within five (5) school days.
If a person is found to have violated a local board of education policy concerning drugs, alcohol, weapons, physical harm to a person or threatened physical harm to a person, the person may not be readmitted to the public school until criminal charges, if any, have been disposed by appropriate authorities and the person has satisfied all other requirements imposed by the local board of education as a condition for readmission.
WEAPONS IN SCHOOLS (ACT 94-817)
No person shall knowingly with the intent to do bodily harm carry or possess a deadly weapon on the premises of a public school. Possession of a deadly weapon with the intent to do bodily harm on the premises of a public school or school bus is a Class C Felony (Note: deadly weapons include, but are not limited to, hand grenade, explosive or incendiary device, a pistol, a rifle or shotgun, or a switch-blade knife, stiletto, sword, or dagger, or any club, baton, bill, black-jack, bludgeon or metal knuckles).
VANDALISM (ACT 94-819)
The parents, guardian, or other person having control of any minor under the age of 18 with whom the minor is living with and who have custody of the minor shall be liable for the actual damages sustained to school property, plus the court costs caused by intentional willful or malicious acts of the minor.
PISTOL POSSESSION/DRIVER’S LICENSE (ACT 94-820)
Any person under the age of 14 who is convicted of the crime of possession of a pistol on the premises of a public school, or a public school bus, shall be denied issuance of a driver’s permit or license to operate a motor vehicle for 180 days from the date the person is eligible and applies for a permit or license. If a person over age 14 possesses a driver’s license on the date of conviction, the driver’s license will be suspended for 180 days.
DROP-OUT/DRIVER’S LICENSE (ACT 94-280 which amended ACT 93-368 as co-defined in 16-28-40 Code of Alabama 1975)
The Department of Public Safety shall deny a driver’s license or learner’s permit to any person under 19 who is not enrolled or has not received a diploma or certificate of graduation. Exceptions are students who are enrolled in a GED program, are enrolled in a secondary school, and are participating in an approved job, training program, are gainfully employed, are a parent of a minor or unborn child, or are the sole source of transportation for the parent.