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HB580 ENROLLED
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HB580
NRYZSTJ-3
By Representative Stubbs
RFD: Education Policy
First Read: 05-Mar-26
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HB580 Enrolled
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First Read: 05-Mar-26
Enrolled, An Act,
Relating to public institutions of higher education; to
designate Section 16-5A-1, as Article 1 of Chapter 5A of Title
16, Code of Alabama 1975; to add Article 2, commencing with
Section 16-5A-20, to Chapter 5A of Title 16, Code of Alabama
1975; to add Article 3, commencing with Section 16-5A-50, to
Chapter 5A of Title 16, Code of Alabama 1975; to add Article
4, commencing with Section 16-5A-80, to Chapter 5A of Title
16; to provide for the creation, membership, and duties of a
faculty senate at a public institution of higher education; to
provide that faculty senates are advisory only; to require the
governing board of each public institution of higher education
to adopt a tenure policy; to require periodic post-tenure
reviews of tenured faculty; to require governing boards to
approve curriculum; to provide for the dismissal of certain
tenured faculty members; to provide governing boards with
certain control over curriculum and courses; and to prohibit
accrediting agencies from taking certain actions related to
state law.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 16-5A-1, Code of Alabama 1975, is
designated as Article 1.
Section 2. Articles 2, 3, and 4, commencing with
Sections 16-5A-20, 16-5A-50, and 16-5A-80 respectively, are
added to Chapter 5A of Title 16 of the Code of Alabama 1975,
to read as follows:
Article 2
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Article 2
§16-5A-20
For the purposes of this article, the following terms
have the following meanings:
(1) ADMINISTRATION. The institutional administration of
a public institution of higher education, including any
university system administration.
(2) FACULTY SENATE. Any representative faculty
organization at a public institution of higher education,
including, but not limited to, a university senate, faculty
senate, or faculty council whose primary purpose is to
represent faculty concerns on university matters.
(3) GOVERNING BOARD. The body charged with policy
direction of any public institutions of higher education,
including, but not limited to, the board of trustees.
(4) PUBLIC INSTITUTION OF HIGHER EDUCATION or
INSTITUTION. A four-year public institution of higher
education in this state.
§16-5A-21
(a) Only the governing board of a public institution of
higher education may establish a faculty senate at the
institution.
(b) A faculty senate established at an institution
before October 1, 2026, is abolished, unless either of the
following apply:
(1) The faculty senate was established in the same
manner as prescribed by this article.
(2) The governing board: (i) finds that the faculty
senate meets the requirements of this article and any policy
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senate meets the requirements of this article and any policy
adopted by the governing board pursuant to this article; and
(ii) ratifies the faculty senate's continuation.
(c) A faculty senate authorized, but not yet
established, before October 1, 2026, may only be established
as prescribed in this article.
§16-5A-22
(a) Each governing board, before establishing a faculty
senate, shall adopt a policy governing the selection and other
conditions of the faculty senate membership. The policy shall
meet the following requirements:
(1) Ensure adequate representation of each college and
school of the institution.
(2) Except as otherwise provided by the governing
board, require faculty senate leadership positions to be
appointed by the university president.
(3) Except as otherwise provided by the governing
board, limit the number of members to not more than 60, with
two representatives from each college or school. Of the two
representatives from each college or school, one shall be
appointed by the president of the institution and one shall be
elected by a vote of the faculty of the member's respective
college or school. The governing board may provide for the
appointment of non-faculty members to the faculty senate, at
the board's discretion.
(b) Except as otherwise provided by the governing
board, a faculty member serving on the faculty senate may be
removed from the faculty senate in either of the following
methods:
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methods:
(1) Immediately, by the president of the institution,
for failing to conduct his or her responsibilities in good
faith within the faculty senate's parameters, failing to
attend faculty senate meetings, or engaging in other
misconduct.
(2) On recommendation of the institution's provost and
approval by the institution's president.
§16-5A-23
(a) A faculty senate is advisory only and may not be
delegated the final decision-making authority on any matter.
(b) A faculty senate may not issue public statements on
behalf of the institution or otherwise represent institutional
positions. Nothing in this section may be construed to limit
the ability of a faculty senate to provide confidential
advisory recommendations to institutional leadership on
matters related to the academic mission and institutional
operations.
§16-5A-24
It is the intent of the Legislature that no provision
of this article shall be construed to impede a
constitutionally created board of trustees' authority to
manage its respective campuses and that each constitutionally
created board of trustees may undertake the actions provided
in this article in a manner consistent with that authority.
§16-5A-25
(a) No accrediting agency or association may:
(1) Compel a public institution of higher education to
violate this article; or
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violate this article; or
(2) Take adverse action against a public institution of
higher education based, in whole or in part, on that
institution's compliance with this article.
(b) No public institution of higher education may use
an accrediting standard as justification to violate this
article.
§16-5A-26
No private cause of action is created by or exists
under this article.
Article 3
§16-5A-50
For the purposes of this article, the following terms
have the following meanings:
(1) GOVERNING BOARD. The body charged with policy
direction of any public institution of higher education,
including, but not limited to, the board of trustees.
(2) PUBLIC INSTITUTION OF HIGHER EDUCATION or
INSTITUTION. A four-year public institution of higher
education in this state.
§16-5A-51
(a) Each governing board shall adopt a policy regarding
tenure. The policy shall:
(1) Address the granting of tenure;
(2) Allow for the dismissal of a tenured faculty member
pursuant to Section 16-5A-52;
(3) Provide periodic post-tenure review for all tenured
faculty at the institution pursuant to Section 16-5A-53; and
(4) Authorize the dismissal of a tenured faculty member
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(4) Authorize the dismissal of a tenured faculty member
who has committed serious misconduct, subject to the
requirements of Section 16-5A-54.
(b) Each public institution of higher education may
design its policies to fit the institution's particular
educational mission, traditions, resources, and circumstances
relevant to the institution's character, role, and scope.
(c) A governing board may adopt or maintain policies
that are more stringent than the requirements of this article.
Nothing in this article shall require a governing board to
weaken or replace any existing institutional policies that
exceed the minimum standards provided by this article.
(d) Notwithstanding subdivision (a)(3), a governing
board may continue a post-tenure review policy established
before October 1, 2026, rather than adopting a new policy, if
the post-tenure review policy meets the requirements of this
article and any policy adopted by the governing board pursuant
to this article.
§16-5A-52
A tenured faculty member may be dismissed at any time
after being provided with legally required due process, based
on any of the following determinations:
(1) The faculty member has done any of the following:
a. Exhibited professional incompetence.
b. Failed to perform duties or meet professional
responsibilities of the faculty member's position, including,
but not limited to, failure to perform as documented in a
post-tenure review.
c. Failed to successfully complete any post-tenure
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c. Failed to successfully complete any post-tenure
review professional development program.
d. Engaged in behavior that adversely affects the
public institution of higher education or the faculty member's
performance of duties or meeting of responsibilities.
e. Violated laws or committed policy violations deemed
to be terminable offenses by the institution.
f. Been convicted of a crime affecting the fitness of
the faculty member to engage in teaching, research, service,
outreach, or administration.
g. Engaged in unprofessional conduct that adversely
affects the institution or the faculty member's performance of
duties or meeting of responsibilities.
h. Falsified the faculty member's academic credentials.
(2) There is actual financial exigency or the phasing
out of the institution's programs requiring elimination of the
faculty member's position.
(3) There is other good cause as defined in the
institution's policies.
§16-5A-53
(a) Each tenured faculty member shall be subject to
periodic post-tenure review by his or her respective
institution no more often than once every year, but no less
often than once every six years, after the date the faculty
member was granted tenure. Each governing board shall create
standards relating to the post-tenure review. The standards
shall include, but not be limited to, the following:
(1) Be based on the professional responsibilities of
the faculty member, such as in teaching, research, service,
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the faculty member, such as in teaching, research, service,
patient care, or administration, and include peer review of
the faculty member.
(2) Be directed toward the professional development of
the faculty member.
(b) A faculty member may be subject to revocation of
tenure or other appropriate disciplinary action if, during the
periodic post-tenure review, incompetency, neglect of duty, or
other good cause is determined to be present.
§16-5A-54
(a) Each governing board shall adopt a policy to
authorize the dismissal of a tenured faculty member based on a
finding that the faculty member committed serious misconduct,
provided the governing board must provide the faculty member
with legally required due process before the dismissal.
(b) Each governing board shall:
(1) Adopt a policy defining "serious misconduct," which
includes, but is not required to be limited to, the conduct
listed in Section 16-5A-52; and
(2) Designate an administrator or administrators to
conduct hearings pursuant to this section.
(c) The dismissal policy shall provide for legally
required due process that includes, but is not limited to,
each of the following:
(1) Written notice of the allegations against the
faculty member, including an explanation of the evidence
supporting dismissal.
(2) An opportunity for the faculty member to respond to
the allegations in a hearing with a designated administrator.
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the allegations in a hearing with a designated administrator.
§16-5A-55
(a) Each governing board shall file a copy of the
policies adopted pursuant to this article, and any amendments
or revisions to these policies, with the Provost, who shall
make the policies publicly available on or before September 1
of each year.
(b) It is the intent of the Legislature that no
provision of this article shall be construed to impede a
constitutionally created board of trustees' authority to
manage its respective campuses and that each constitutionally
created board of trustees may undertake the actions provided
in this article in a manner consistent with that authority.
§16-5A-56
(a) No accrediting agency or association may:
(1) Compel a public institution of higher education to
violate this article; or
(2) Take adverse action against a public institution of
higher education based, in whole or in part, on that
institution's compliance with this article.
(b) No public institution of higher education may use
an accrediting standard as justification to violate this
article.
§16-5A-57
No private cause of action is created by or exists
under this article.
Article 4
§16-5A-80
(a) For the purposes of this article, the following
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(a) For the purposes of this article, the following
terms have the following meanings:
(1) ADMINISTRATION. The institutional administration of
a public institution of higher education, including any
university system administration.
(2) GOVERNING BOARD. The body charged with policy
direction of any public institution of higher education,
including, but not limited to, the board of trustees.
(3) PUBLIC INSTITUTION OF HIGHER EDUCATION or
INSTITUTION. A four-year public institution of higher
education in this state.
(b) The courses or curriculum required to obtain a
degree at a public institution of higher education must be
approved by the institution's governing board.
(c) Each governing board shall have control over any
course or subject taught at a public institution of higher
education.
(d) Each governing board may delegate approval of
courses to a designated university administrator.
(e) It is the intent of the Legislature that no
provision of this article shall be construed to impede a
constitutionally created board of trustees' authority to
manage its respective campuses and that each constitutionally
created board of trustees may undertake the actions provided
in this article in a manner consistent with that authority.
(f)(1) No accrediting agency or association may:
a. Compel a public institution of higher education to
violate this article; or
b. Take adverse action against a public institution of
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b. Take adverse action against a public institution of
higher education based, in whole or in part, on that
institution's compliance with this article.
(2) No public institution of higher education may use
an accrediting standard as justification to violate this
article.
(g) No private cause of action is created by or exists
under this article.
Section 3. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 31-Mar-26.
John Treadwell
Clerk
Senate 09-Apr-26 Amended and Passed
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