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This session, two bills, SB292 and HB498, are companion proposals that aim to enhance the authority of the State Superintendent of Education by granting new powers to issue subpoenas, summon witnesses and appoint special investigators during the investigative stages of education-related disputes.
Rep. Cynthia Almond, R-Tuscaloosa, who introduced HB498, presented the bill before the House Judiciary Committee last week, noting it was brought at the request of State Superintendent Eric Mackey. Almond emphasized the limitations currently faced by the Alabama State Department of Education in obtaining critical information during investigations.
“Not every school, even though they’re required to report incidents to the department, not every school will put a teacher on leave because of an allegation, and it’s the state’s responsibility to investigate these matters and possibly take action against a teacher’s license,” said Almond.
The legislation would empower the State Superintendent to intervene in disputes, using tools typically reserved for law enforcement or judicial proceedings. Advocates argue that the legislation is necessary to ensure accountability and swift action in addressing misconduct within the public school system.
The proposed legislation would allow special investigators appointed by the superintendent to access law enforcement records after signing access agreements. The goal, according to Almond and an ALSDE law representative, is to accelerate the investigative process, ensuring timely and informed decisions regarding disciplinary action and educator certification.
“Right now, our investigator, even though he’s APOSTC certified, he doesn’t have the ability to access the various different law enforcement databases that we have,” said ALSDE’s legal representative. “This would mean that if our investigator were given the ability to be able to receive that type of information, he’s going to sign off on all of the protections that would say he’s going to use it in the correct manner, and there would be repercussions if anything were used improperly.”
However, HB498 has drawn pointed criticism. During Wednesday’s House Judiciary Committee hearing, lawmakers raised red flags over the extent of the powers being granted. Rep. Matt Simpson, R-Daphne, expressed concern that the subpoena authority, particularly when used outside formal hearings, could interfere with criminal investigations. He cited scenarios where evidence disclosed to the ALSDE might unintentionally exculpate a suspect before law enforcement is even aware of the situation.
Additionally, Simpson noted that the proposed legislation does not guarantee reciprocal access to investigation materials by law enforcement, potentially hindering collaboration.
“What I don’t want is an investigation to come up, and something comes up for law enforcement, and they are not being notified about what happened in this subpoena hearing,” said Simpson.
Rep. Chris England, D-Tuscaloosa, also voiced unease about concentrating so much investigatory authority in a single office.
“It just concerns me that the power to issue this comes directly from the superintendent. That’s a lot of authority to invest in an individual in an investigatory stage of a procedure. Law enforcement can’t necessarily do that at the early stages of an investigation either,” said England.
In response to these concerns, Simpson moved to carry over the bill for further review in a different subcommittee, a motion that was granted by Judiciary Committee Chair Rep. Jim Hill, R-Moody.
Economic considerations also influence the debate. Increased scrutiny of school operations could increase administrative costs, as districts may need to bolster their legal and compliance departments. A fiscal note attached to the bill states that it “could increase the obligations of the State Department of Education by an undetermined amount, dependent on the compensation provided to special investigators.”
Increased administrative obligations would also be placed on the Alabama Law Enforcement Agency’s Criminal Justice Information Services Division “to audit access to law enforcement records and systems by special investigators.”
The bill has been placed on the House Judiciary Standing Committee’s agenda for consideration on Wednesday.
