Article 1 Criminal History Background Information Checks on Applicants for Certification, Applicants for Employment, Nonpublic Current Employees, and Current Employees Under Review 16-22A-1 – 16-22A-18
Article 2 Criminal History Background Checks of Current Public Certified and Current Public Noncertified Employees 16-22A-30 – 16-22A-34

Terms Used In Alabama Code > Title 16 > Chapter 22A

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • applicant: A certified or noncertified individual who submits an application for employment to a local employing board or any nonpublic school, to act in any capacity in which the individual will have unsupervised access to children in an educational environment. See Alabama Code 16-22A-3
  • APPLICANT FOR CERTIFICATION: An individual who submits an application for certification issued by the State Superintendent of Education. See Alabama Code 16-22A-3
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • AUTHORIZED EMPLOYER: Any educational entity authorized to obtain criminal history background information, including the State Department of Education, local employing boards, and nonpublic schools which are responsible for hiring employees or contracting with private employers to provide personnel who have unsupervised access to children in an educational setting. See Alabama Code 16-22A-3
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • CERTIFIED APPLICANT FOR EMPLOYMENT: A certified individual who submits an application for employment to a local employing board or any nonpublic school to act in any capacity in which the individual will have unsupervised access to children in an educational environment. See Alabama Code 16-22A-3
  • Chambers: A judge's office.
  • CHIEF EXECUTIVE OFFICER: The State Superintendent of Education; the superintendent of any public county or city school system; the President of the Alabama Institute for Deaf and Blind; the Executive Director of the Alabama School of Fine Arts; the Superintendent of the Department of Youth Services School District; the Executive Director of the Alabama High School of Mathematics and Science; the superintendent of any nonpublic school, or in the absence of a superintendent, the headmaster of any nonpublic school; and the head of any department or employer covered by this chapter but not specifically enumerated herein. See Alabama Code 16-22A-3
  • circuit: means judicial circuit. See Alabama Code 30-3D-608
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • comprehensive: The plan must be a total and integrated analysis of the problems regarding the law enforcement and criminal justice system within the State of Alabama; goals, priorities and standards must be established in the plan and the plan must address methods, organization and operation performance, physical and human resources necessary to accomplish crime prevention, identification, detection and apprehension of suspects, adjudication, custodial treatment of suspects and offenders and institutional and noninstitutional rehabilitative measures. See Alabama Code 26-24-26
  • contribution: A tangible or intangible benefit that a person transfers to an entity in consideration for an ownership interest in the entity or otherwise in the person's capacity as an owner or a member. See Alabama Code 45-26-231.06
  • court: Every court and judge having jurisdiction in a case. See Alabama Code 45-26-231.06
  • CRIMINAL HISTORY BACKGROUND INFORMATION CHECK: The review of any and all records containing any information collected and stored in the criminal record repository of the Federal Bureau of Investigation, the Alabama Department of Public Safety, or any other repository of criminal history records, involving a pending arrest or conviction by a criminal justice agency, including, but not limited to, child abuse crime information as defined by 42 U. See Alabama Code 16-22A-3
  • CURRENT EMPLOYEE UNDER REVIEW: Any current employee whose professional certificate or employment status is under review based upon reasonable suspicion. See Alabama Code 16-22A-3
  • DEBTOR IN BANKRUPTCY: A person who is the subject of:

    (A) an order for relief under the United States bankruptcy laws, Title 11, United States Code, or comparable order under a successor statute of general application; or

    (B) a comparable order under federal, state, or foreign law governing insolvency. See Alabama Code 45-26-231.06

  • Ex officio: Literally, by virtue of one's office.
  • GENERAL PARTNER: means :

    (A) with respect to a limited partnership, a person that:

    (i) is admitted as a general partner under Section 10A-9A-4. See Alabama Code 45-10-234.06

  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 45-26-231.06
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • LIMITED LIABILITY LIMITED PARTNERSHIP: A limited liability limited partnership as defined in Chapter 9A. See Alabama Code 45-26-231.06
  • LIMITED PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 45-26-231.06
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • LOCAL EMPLOYING BOARD: Any public county or city school system which falls under the jurisdiction of the State Board of Education and the State Superintendent of Education, the Alabama Institute for Deaf and Blind, the Alabama School of Fine Arts, the Department of Youth Services School District, the Alabama High School of Mathematics and Science, and any public educational employer covered by this chapter but not specifically enumerated herein. See Alabama Code 16-22A-3
  • NONCERTIFIED APPLICANT FOR EMPLOYMENT: Any person not certified by the state who submits an application for employment to a local employing board or any nonpublic school, to act in any capacity in which the individual will have unsupervised access to children in an educational environment. See Alabama Code 16-22A-3
  • NONPUBLIC SCHOOL: Any nonpublic or private school, including parochial schools, not under the jurisdiction of the State Superintendent of Education and the State Board of Education, yet providing educational services to children. See Alabama Code 16-22A-3
  • partner: means a limited partner or general partner. See Alabama Code 45-10-234.06
  • partnership: Includes a general partnership, a limited liability partnership, a foreign limited liability partnership, a limited partnership, a foreign limited partnership, a limited liability limited partnership, and a foreign limited liability limited partnership. See Alabama Code 45-26-231.06
  • PARTNERSHIP AGREEMENT: means any agreement (whether referred to as a partnership agreement or otherwise), written, oral or implied, of the partners as to the activities and affairs of a limited partnership. See Alabama Code 45-10-234.06
  • person: An individual, including the estate of an incompetent or deceased individual, or an organization, whether created by the laws of this state or another state or foreign country, including, without limitation, a general partnership, limited liability partnership, limited partnership, limited liability limited partnership, limited liability company, corporation, professional corporation, professional association, trustee, personal representative, fiduciary, as defined in Section 19-3-150 or person performing in any similar capacity, business trust, estate, trust, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 45-26-231.06
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • property: Includes all property, whether real, personal, or mixed, or tangible or intangible, or any right or interest therein. See Alabama Code 45-26-231.06
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • REASONABLE SUSPICION: Belief by a prudent person that reasonable articulable grounds exist to suspect that the past or present behavior of an employee should be reviewed to determine if such behavior or conduct bears upon the fitness of the employee to teach or have responsibility for the safety and well-being of children, or both, as defined in this chapter. See Alabama Code 16-22A-3
  • Recess: A temporary interruption of the legislative business.
  • SAFE STREETS ACT: The Omnibus Crime Control and Safe Streets Act of 1968, as amended. See Alabama Code 26-24-26
  • state: The State of Alabama and all political subdivisions thereof. See Alabama Code 26-24-26
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 30-3D-608
  • UNSUPERVISED ACCESS TO A CHILD OR CHILDREN: During the providing of education, training, instruction, supervision to children, or other employment related activities or responsibilities, a person would have unaccompanied control, governance, or contact with a child or children. See Alabama Code 16-22A-3
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • WRITTEN CONSENT: A signed statement by the applicant, a current employee, or a current employee under review containing all of the following:

    a. See Alabama Code 16-22A-3