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SB336
61117-4
By Senators Mitchell, Waggoner, French,
Lee, Erwin,
Byrne,
Dial, Figures, Escott, and Ross
RFD: Education
First
Read: 17-FEB-04
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ENGROSSED
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A BILL
TO BE ENTITLED
AN ACT
Providing teacher rights and
protection for
a public school teacher or teacher at an
institution
of higher education to present
scientific, historical, theoretical,
or
evidentiary information
pertaining to
alternative positions on the subject of
biological or physical origins in
applicable curricula or in a
course of
learning;
providing employment and tenure protection
and protection against discrimination for
any public school
teacher or teacher at a
public institution of higher education related
to the presentation of
scientific, historical, theoretical,
or evidentiary
information pertaining to
alternative positions on the subject of
biological or physical origins in applicable
curricula or in a
course of learning;
and providing student protection for
subscribing to a particular position on
biological or physical
origins.
BE IT ENACTED BY THE LEGISLATURE
OF
ALABAMA:
Section 1.
This law shall be known as the
"Academic Freedom Act."
Section
2.
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Every
K-12 public school teacher
or teacher or instructor in any two-year
or
four-year public institution of higher
education, or in any
graduate or adult
program thereof, in the State of Alabama,
shall
have the affirmative right and
freedom to present
scientific, historical,
theoretical, or evidentiary
information
pertaining to alternative theories or
points of view on
the subject of
biological or physical origins in any
curricula or course of learning.
Section 3.
No K-12 public school
teacher or
teacher or instructor in any two-year or
four-year public
institution of higher
education, or in any graduate or adult
program
thereof, in the State of Alabama,
shall be terminated, disciplined,
denied
tenure, or otherwise discriminated against
for presenting
scientific,
historical,
theoretical, or evidentiary information
pertaining to
alternative theories or
points of view on the subject of
biological or physical origins in any
curricula or course of
learning.
Section 4.
No
student in any public school or institution
shall be penalized in
any way because
he or she may subscribe to a
particular position on
biological or
physical origins
,
so long as he or she
demonstrates acceptable understanding of
course
materials.
Section 5.
The rights and privileges contained in this act
do not apply unless the
subject of biological or
physical origins is
raised in
the context of
approved curricula material.
Section 6.
The rights and privileges
contained in this act do not apply to
the
presentation of theoretical information
unless it is accompanied
by scientific,
historical, or evidentiary
information.
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Section
7.
This act shall become effective
on the first day of the
third month
following its passage and approval by the
Governor, or
its otherwise becoming law.
Page
4
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Senate Read for the first time and referred to
the
Senate committee on Education
...........................
17-FEB-04
Read for the second time
and placed on the
calendar
...........................
11-MAR-04
9
Read for the third time and passed as amended
........................... 08-APR-04
Yeas 28
Nays
0
13
McDowell Lee
Secretary |
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04/28/2004 : JDT / JDT 1
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SB336 HOUSE EDUCATION COMMITTEE
SUBSTITUTE
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SYNOPSIS: Existing law does not expressly
provide
a right nor does
it expressly protect tenure
and employment for a public school teacher
or
teacher at an institution of higher education for
presenting
scientific information pertaining
to the full range of scientific
views concerning
biological or physical origins. In
addition,
students are not expressly provided a right
to a position on biological
or physical origins.
This bill would expressly provide rights
and
protection for teachers and students
concerning their position on
biological or physical
origins.
A BILL
TO BE ENTITLED
AN ACT
Providing teacher rights and protection
for
a public school teacher or teacher at an
institution of higher
education to present
scientific information pertaining to the
full
range of scientific views concerning
biological or physical origins
in
applicable curricula or in a course of
learning;
providing employment
and tenure protection
and protection against discrimination for
any public school teacher or teacher at a
public institution of
higher education related
to the presentation of
such information;
and providing student protection for
subscribing to a particular position on
biological or physical
origins.
BE IT ENACTED BY THE LEGISLATURE
OF
ALABAMA:
Section 1.
This law shall be known as the
"Academic Freedom Act."
Section 2.
The Legislature finds that
existing law does not expressly protect
the
right of teachers identified by the United
States Supreme Court
in Edwards v.
Aguillard to present scientific critiques
of
prevailing scientific theories. The
Legislature further finds that
existing law
does not expressly protect the right of
students to
hold positions regarding
theories of biological or physical
origins.
It is the intent of the Legislature that
this act expressly
protect those rights.
Section 3.
Every K-12 public school
teacher
or teacher or instructor in any two-year or
four-year public
institution of higher
education, or in any graduate or adult
program
thereof, in the State of Alabama,
shall have the affirmative right
and
freedom to present
scientific
information
pertaining to the full range of scientific
views
concerning
biological or physical origins in any
curricula or course of
learning.
Section 4.
No K-12 public school teacher or
teacher or instructor in any
two-year or
four-year public institution of higher
education, or in
any graduate or adult
program thereof, in the State of
Alabama,
shall be terminated, disciplined, denied
tenure, or
otherwise discriminated against
for presenting
scientific information
pertaining to the
full range of scientific
views
concerning
biological or physical origins in any
curricula or course of learning.
Section 5.
Students may be evaluated based
upon their understanding of
course
materials, but no
student in any public school or
institution
shall be penalized in any way because
he or she may
subscribe to a
particular position on biological or
physical
origins
.
x
x
Section
6.
The rights and privileges contained in this act
apply when the
subject of biological or physical
origins is
part of the curriculum.
x
Nothing in this
act
shall be construed as requiring or
encouraging any change in the
state
curriculum standards in K-12 public
schools, nor shall any
provision of this
act be construed as prescribing the
curricular
content of any course in any
two-year or four-year public institution
of
higher education in the state.
Section 7. Nothing in
this act shall be
construed as promoting any religious
doctrine,
promoting discrimination for or
against a particular set of
religious
beliefs, or promoting discrimination for or
against
religion or non-religion.
Section
8.
This act shall become effective
on the first day of the
third month
following its passage and approval by the
Governor, or
its otherwise becoming
law. |