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Alabama Senate approves bill providing due process for public school students • Alabama Reflector

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Alabama Senate approves bill providing due process for public school students • Alabama Reflector


The Alabama Senate Thursday approved legislation creating a uniform suspension and expulsion process for public K-12 students.

HB 188, sponsored by Rep. Terri Collins, R-Decatur, extends due process to children in the school disciplinary system. The bill passed 32-0.

“They are the only body that did not have due process,” said Sen. Rodger Smitherman, D-Birmingham, after the Senate adjourned. “You and I are grown people. We have due process all the way through the legal system.”

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Smitherman said that some places had their own due process, but this creates an “equalizing baseline system.”

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The Senate was originally supposed to take up Smitherman’s version of the bill, but he said that Collins’ bill reflects the concerns of interested parties.

Smitherman filed a version of the bill last year, but it failed on the Senate floor. Collins also filed a version of the bill last year, but representatives and speakers at a public hearing shared concerns about demographics and anonymity. 

The bill was altered throughout the 2024 session.

“We finally got there,” said Smitherman after the Senate adjourned. “It’s just sometimes it takes a while. You know how the cake sometimes don’t want to rise up? But we were able to put enough yeast in this cake, to get it up to where it was supposed to be. And now I think it’s going to be something that people are going to enjoy all around the board.”

Under the legislation, the principal or the principal’s designee would be able to consider the age of the student, disciplinary history of the student, seriousness of violation or behavior or whether a lesser intervention would suffice in considering punishment. .

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Before a recommendation for long-term alternative school placement, long-term suspension or expulsion, a local board would need to provide a disciplinary hearing. The disciplinary hearing would be held within ten days after the initial suspension, if the parent or guardian responds, unless there is good cause or agreement between the parties. 

The student could be represented by legal counsel or another advocate of the student’s choice at the student’s expense. The student, representative and parent or guardian would be able to review  any evidence five days prior to the hearing. Representatives of the school will present evidence at the hearing.

The student, parent/ guardian or representation may present a defense, question present adverse witnesses offering testimony, offer testimony from witnesses (excluding students under 14), offer written statements and present other documentary, audio or video evidence. Witness anonymity is protected, and witnesses cannot be compelled to testify.

The legislation also requires a “reasonable written notice” to the student and parent or guardian with a statement of a time, place and nature of the hearing, as well as a short statement outlining the alleged violation, with the provision of state law or student conduct violated and recommended disciplinary action. 

It would also need to include a statement outlining the rights of the student at the hearing and an optional hearing waiver indicating that the parent or guardian assents to the alleged violation and any recommended action. If a parent or guardian did not respond to the notice, the hearing would be waived.

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The local board of education will provide an electronic or written record of the hearing to each party in the hearing, upon request.

The student and his or her parent or guardian would be notified of the decision within five days of the hearing with a written record and instructions on the appeal process. 

The bill passed with little discussion on Thursday with only Sen. Larry Stutts, R-Tuscumbia, asking about language for “per incident.”

Jerome Dees, Alabama policy director of the Southern Poverty Law Center Action Fund, said in a statement Thursday that the law was an acknowledgment that student rights “do not stop at the school door.”

“While there is still more work to be done to address the “school-to-prison” pipeline in Alabama, especially for Black and Brown students, this is a major step in the right direction,” Dees wrote.

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The bill will go back to the House of Representatives for concurrence in Senate changes or a conference committee.



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Alabama ‘Fully Aware’ of Losing Streak to Tennessee Ahead of Road Rematch

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Alabama ‘Fully Aware’ of Losing Streak to Tennessee Ahead of Road Rematch


TUSCALOOSA, Ala. — Losing to a rival almost always hurts more than falling to another opponent during the regular season. Years of hatred, unforgettable moments and tradition boiled up into one game, and the delivery is nowhere to be found for one team.

No. 17 Alabama has won seven straight games and is eyeing an eighth on Saturday on the road against No. 22 Tennessee. This is the second time that Crimson Tide will face the Volunteers, as Alabama lost in Tuscaloosa in January.

The loss a month ago to head coach Rick Barnes and company brought UA’s losing streak against Tennessee to five games. It’s the first time that the Tide has dropped this many games to the Vols since 1968-72 — a streak that came two years before Alabama head coach Nate Oats was born (Oct. 13, 1974). It’s why Oats is not treating Tennessee as a faceless opponent or like any other team the Tide has faced.

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“Every year we’ve been here they’ve caused us issues,” Oats said during Friday’s press conference. “Our players, are fully aware that we’ve lost five in a row. They’re fully aware of what happened out there last year. I’ve taken ownership for my share of what happened up there last year.

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“We’re fully aware that they beat us at home. We haven’t lost very many home games in conference, period, really since we’ve been here, and they handed us one this year.”

After falling to Florida on Feb. 1, Alabama moved down to the ninth spot in the conference standings, and the college basketball world started to question whether or not the Crimson Tide would be a threat in the postseason.

But a switch flipped after that loss, and the current winning streak has Alabama tied for the No. 2 spot in the SEC standings. Everything seems to be trending in the Tide’s direction, as there are only three games remaining on the schedule.

Oats is in his sixth year as Alabama’s head coach. Following the retirement of former Auburn head coach Bruce Pearl during the offseason, Oats became the second-longest tenured coach for one team in the conference. The coach in front of him: Tennessee’s Rick Barnes, who has held his position since the 2015-16 season.

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Both Alabama and Tennessee have finished conference play in the top-4 of the standings since the 2022-23 season. The Crimson Tide was the regular-season and SEC Tournament champions in both the 2020-21 and 2022-23 seasons, while the Vols won the 2022 SEC Tournament and were the conference’s regular-season champions in 2023-24.

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“So our guys know, but at the same time, we’ve got a lot of respect for how they play and what they do. We’ve got to come in with a healthy amount of respect for them, but we got to try to win this game.

“There’s a lot riding on this game. What happens in Arkansas-Florida, you’re either going to be all alone in second place if we could get a win, or you’re going to be one game out first. If you take a loss, now you’re in danger of losing a top-4 seed. They’ll be tied with us if we take a loss.”

“So there’s a lot riding on the SEC standings in this game here. They know that. They know what our struggles against Tennessee have Been as well.”

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Selmont seeks incorporation to become independent Alabama city

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Selmont seeks incorporation to become independent Alabama city


SELMONT, Ala. (WSFA) – An unincorporated community in Dallas County is seeking to establish itself as an independent city, hoping to gain control over local government services and community priorities that have long been managed at the county level.

Selmont, located across the Edmund Pettus Bridge from Selma, is home to approximately 2,700 registered voters and carries a significant place in civil rights history.

The community was the site of a pivotal moment during the Bloody Sunday march in 1965, when roughly 600 civil rights marchers were tear-gassed by Alabama state troopers, including 13-year-old Mae Richmond.

“People ask us ‘Were we afraid?’ No. We were not afraid. We were not afraid, first of all, even as a 13-year-old child, we knew that we were doing what God was permitting us to do,” Richmond, a 60-plus year resident of Selmont, said of the historic event.

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As an unincorporated community, Selmont lacks its own municipal government. Residents must contact the Dallas County Commissioner for public works services. It’s a situation that community leaders say limits responsiveness to local needs.

Erice Williams, a community activist leading the incorporation effort, said the change would fundamentally alter how the community operates.

“It would give us decision power and allow us to get funding that we can allocate to our own community that we can make our own priorities be clear and resolved at the same time,” Williams said.

Williams also highlighted the strain on current county services. “Connel Towns (county commissioner) is the only person we have to call, and the resources and time that he would have to serve our community is very limited,” he said.

Operation Selmont, the group spearheading the incorporation effort, is currently gathering signatures on a petition to present to the local probate judge. The organization needs approximately 500 signatures to move forward with the incorporation process and has already collected 40 percent of its goal.

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The next meeting for Operation Selmont is scheduled for March 6 at 6 p.m.

For longtime residents like Richmond, incorporation represents an opportunity to ensure Selmont’s future and maintain its identity for generations to come.

“That we will be able to teach and train our children to give them the strength that our foreparents had that they will be able to stand up for justice and for equality,” Richmond said of her hopes for the community’s future.

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Report: Sen. Tuberville, Speaker Ledbetter uniting behind proposal to close Alabama party primaries: ‘Democrats shouldn’t be voting in our elections’

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Report: Sen. Tuberville, Speaker Ledbetter uniting behind proposal to close Alabama party primaries: ‘Democrats shouldn’t be voting in our elections’


U.S. Senator Tommy Tuberville and Alabama House Speaker Nathaniel Ledbetter (R-Rainsville) announced support on Thursday for closing Alabama’s primary elections to only registered members of each party.

Alabama does not currently have party registration. Instead, voters choose a party ballot at the polls. State law also bars voters from switching parties between a primary and that cycle’s runoff.

Tuberville (R-Auburn) said during a press call with in-state reporters that Democrats have no place voting in Republican elections in Alabama.

“There’s a lot of talk about this,” Tuberville said.

“I’ve spoken with Speaker Ledbetter and we agree that we have to do something about Democrats voting in our elections. They shouldn’t be doing it. I know he’s moving a bill forward very very soon as we speak, and if we can get that done, I think it’s gonna help the cause of the conservative Republicans in the State of Alabama.”

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Under Alabama’s current open primary system, any registered voter can participate in either party’s primary without declaring a party affiliation.

Voters simply choose which party’s ballot they want at the polls. Alabama does not require partisan voter registration, meaning residents register without declaring themselves a Republican or Democrat.

The push to close the Republican primary is not new.

The Alabama Republican Party (ALGOP) passed a resolution in 2022 calling on the Alabama Legislature to require party registration before voters can participate in a party’s primary, but the Legislature did not act on it at the time.

Closing the primary would require changing state law under Ala. Code 17-13-7, which governs the existing open primary system.

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“I am proud to work with Coach Tuberville to begin the process of closing Alabama’s primary elections,” Ledbetter said in a statement on Thursday after lawmakers adjourned from the 17th day of the 2026 legislative session.

“Alabamians have made it clear that this is the direction our state needs to begin moving in, and I am committed to doing just that. Whether it was passing school choice, banning DEI, or making Alabama the most pro-life state in the nation, the Alabama Legislature has consistently delivered on its commitment to conservative governance, and we will do the same on this issue. We are in the process of reviewing the proposals before us and are eager to get the ball rolling.”

Sawyer Knowles is a capitol reporter for Yellowhammer News. You may contact him at [email protected].



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