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 - Alabama Child Protection Act of 1999

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • board: The Board of Control of the Public Education Employees' Defined Contribution Savings Fund. See Alabama Code 16-25C-2
  • 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
  • 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 1-1-1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • county: Each county subject to the provisions of this chapter. See Alabama Code 11-11-1
  • COUNTY GROSS RECEIPTS TAX AREA: All of Morgan County except the area thereof lying within the corporate limits, as such are now or as such may hereafter be constituted, of the Cities of Decatur and Hartselle and the Towns of Falkville and Trinity. See Alabama Code 45-52-244
  • 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
  • EDUCATIONAL ENVIRONMENT OR SETTING: Any building, structure, or location whether public or private property, or vehicle, utilized to or involved in the providing of education, training, instruction, or supervision to children or transportation in connection with such activity provided by a local employing board or nonpublic school. See Alabama Code 16-22A-3
  • ELIGIBLE EMPLOYER: An employer or other entity who compensates a participant for the public service. See Alabama Code 16-25C-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • fund: The Public Education Employees' Defined Contribution Savings Fund. See Alabama Code 16-25C-2
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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
  • month: The calendar month. See Alabama Code 45-52-244
  • 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 1-1-1
  • Personal property: All property that is not real property.
  • Probate: Proving a will
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • 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
  • REFUNDING WARRANTS: Warrants that may be issued under the provisions of Section 11-11-6. See Alabama Code 11-11-1
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • STATE SALES TAX: The tax imposed by the state sales tax statutes. See Alabama Code 45-52-244
  • STATE SALES TAX STATUTES: Sections 40-23-1, 40-23-2, 40-23-3, and 40-23-4, as amended, which levy a certain retail sales tax, and include all statutes, including amendments to those sections, which expressly set forth any exemptions from the computations of the tax levied by those sections and all other statutes which expressly apply to, or purport to affect, the administration of those sections and the incidence and collection of the tax imposed therein. See Alabama Code 45-52-244
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 1-1-1
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Trustee: A person or institution holding and administering property in trust.
  • 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