Parental Notification of Civil Liabilities and Criminal Penalties

    The following laws relate to civil liabilities and criminal penalties for violence or other misbehavior by students on school property or against school employees:


    Attendance and Conduct (Act 93-672)

    Parents must have school age children enrolled in school, attend regularly, and behave properly.  Those parents who do not comply shall be guilty of a misdemeanor.  Upon conviction they shall be fined not more than $100 and may also be sentenced to hard labor for the county for not more than 90 days.  Also, the law requires the Superintendent to inform the local district attorney of all school suspensions.


    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).


    Drop-Out/Driver’s License (Act 94-820 which amended Act 93-368 as codified in Section 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, 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.


    Drug Dealing (Act 94-783)

    A person who unlawfully sells, 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.


    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 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 act of the minor.


    Weapons in Schools (Act 94-817)

    No person shall knowingly with 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 felon.  (Note: Deadly weapons include but are not limited to hand

    grenade, explosive or incendiary device; a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger; or any club, baton, billy, black-jack, bludgeon, or metal knuckles.)


    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.