On Wednesday, the House Judiciary Committee voted to carry over legislation authorizing the State Superintendent of Education to issue subpoenas and summon witnesses to testify in a subcommittee after several lawmakers expressed concerns.
In addition to the subpoena and witness-calling powers, House Bill 498 (HB498) by State Rep. Cynthia Almond would also authorize the state superintendent to appoint special investigators within the Office of General Counsel of the State Department of Education.
Almond presented her bill before the House Judiciary Committee on Wednesday, saying she was bringing it on behalf of current State Education Superintendent Eric Mackey.
"I personally have learned a lot working through this bill," Almond said. "It has to do with his ability, or lack thereof, to get information under certain circumstances where it's needed."
According to the bill, the State Superintendent is currently responsible for "explaining, deciding controversies and disputes regarding, and enforcing school laws and rules of the State Board of Education and also for filing charges and instituting proceedings for the removal of individuals appointed under school laws for misconduct in office."
According to Almond, HB498 would aid the State Department of Education (ALSDE) in conducting investigations more quickly. Almond then gave theoretical situations in which the powers proposed in the bill would be beneficial.
"What they're trying to do is gather this information at the investigative stage as quickly as possible to be able to make a determination if the case should move forward," Almond continued.
Mackey approached the podium alongside legal representation from ALSDE to answer members' questions. The ALSDE lawyer, who did not give her name, clarified that the State Superintendent currently has subpoena powers in the case of an administrative hearing, and this bill would only grant authority in the investigative portion of an inquiry. She also stated that the Revenue Department has similar authority in investigations.
"When we actually get a complaint against a teacher's record, and we have a complaint against their license, we are beholden to go forward and investigate that," she said. "And if we're not able to get the information quickly, this means that we're going to take a lot more time to figure out what we're going to do against that teacher's certificate."
The bill allows any appointed special investigator access to law enforcement records or systems after signing an access agreement. State Rep. Matt Simpson (R-Daphne) pointed out that the access to materials was not reciprocal, meaning state, local and federal law enforcement would not have legal rights to investigative material under the bill.
"Let's say you subpoena someone; you have a hearing; you have all this testimony to come through; there's not an agreement through this bill as it is that law enforcement would be entitled to get a copy of that?" Simpson inquired.
"There's not anything in this bill that tells law enforcement that they would get it, but there's absolutely nothing stopping it," ALSDE's legal representative responded.
After more exchanges, Simpson motioned that the bill be carried over and placed in a subcommittee, which House Judiciary Committee chairman State Rep. Jim Hill (R-Moody) granted before committee members concluded their inquiry.
Simpson also expressed concern over the ALSDE conducting investigations using subpoena powers, possibly interfering with a concurrent criminal case, which he claimed could lead to a premature exculpation of a criminal suspect.
"What I don't want is an investigation to come up, and something comes up for law enforcement and law enforcement is not being notified about what happened in this subpoena hearing or this investigation," Simpson continued. "And somebody comes in and says, 'Well, I told the school system this is what happened. I told them when they subpoenaed me,' and law enforcement has no clue that this occurred."
State Rep. Chris England (D-Tuscaloosa) also expressed concern about the level of power granted in the bill, emphatically stating that it had nothing to do with Mackey or his performance.
"It just concerns me that the power to issue this comes directly from the superintendent," England said. "That's a lot of authority to invest in an individual in an investigatory phase of a procedure. Because, honestly, law enforcement can't necessarily do that at the early stages of an investigation either. So, I understand why it's necessary, but I also understand why there would be some pause."
At the meeting's conclusion, Hill noted that the bill would be placed on next week's agenda.
To connect with the author of this story or to comment, email [email protected].
Don't miss out! Subscribe to our newsletter and get our top stories every weekday morning.
