Ala. Code
Code of Alabama

Ala. Code § 16-39-1 (2026)

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✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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This chapter may be referred to as the “Alabama Exceptional Child Education Act.”

(Acts 1971, No. 106, p. 373, §13.)

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1981–2025 · leading case: Stamps v. Jefferson Cnty. Bd. of Educ., 642 So. 2d 941 (Ala. 1994).
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Stamps v. Jefferson Cnty. Bd. of Educ., 642 So. 2d 941 (Ala. 1994). · cites it 2× “Acts 373 (codified at Ala.Code 1975, §§ 16-39-1 to -12). It is currently defined as follows: "Persons between the ages of six and 21 years who have been certified under regulations of the State Board of Education by a specialist as being unsuited for enrollment in regular…”
Opinion of the Justices, 624 So. 2d 107 (Ala. 1993). “Code §§ 16-39-1 to 16-39-12, often referred to as Act 106, and the Special Education of Preschool Handicapped Children Act, Ala.”
Ensor v. Wilson by & Through Wilson, 519 So. 2d 1244 (Ala. 1987). “The trial court granted the motion, and ultimately denied the defendants the opportunity to prove Misty's entitlement under the Alabama Exceptional Child Education Act, Code of 1975, § 16-39-1 et seq., to receive special education and related services, thus reducing her…”
Campbell v. Talladega Cnty. Bd. of Educ., 518 F. Supp. 47 (N.D. Ala. 1981). · cites it 2× “Plaintiff also states that defendants have violated the Alabama Exceptional Child Education Act, Ala.Code §§ 16-39-1 et seq. The Act does not expressly provide a private right of action and the Alabama courts have not considered whether an implied right of action exists.”
Hamilton v. Bd. of Sch. Com'rs of Mobile Cnty., 993 F. Supp. 884 (S.D. Ala. 1996). “Code §§ 16-39-1, et seq. (1975). 6 Based on the motions for summary judgment and plaintiffs’ responses thereto, the Court has gleaned enough information to conclude that exhaustion of administrative remedies is required before plaintiffs can pursue claims which are cognizable…”
Campbell v. Talladega City. Bd. of Ed., 518 F. Supp. 47 (N.D. Ala. 1981). · cites it 2× “NOTES [1] Plaintiff also states that defendants have violated the Alabama Exceptional Child Education Act, Ala.Code §§ 16-39-1 et seq. The Act does not expressly provide a private right of action and the Alabama courts have not considered whether an implied right of action…”
Kritner v. Alabama Dep't of Human Resources (LEAD), No. 2:23-cv-00553 (M.D. Ala. Feb. 10, 2025). · cites it 2× “The Standing Assertion Citing Ala. Code § 16-39-1 and Ala. Admin. Code § 290-8-9-.”
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