(a) The county board of education shall be composed of five members, who shall be elected by the qualified electors of the county.
(b) County boards of education unless otherwise provided by law may use the provisions of this subsection to establish single member election districts with one board member elected from each district. School boards exercising this option may establish five or seven such districts. Such plan shall be considered only after two weeks public notice has been given, outlining generally the school districts under consideration. The members so elected, or appointed in the event of a vacancy, shall be residents of the school district. Such residency shall have been established at least one year before the general election at which the candidate is to be elected, or appointed in the event of a vacancy. Whenever a member of a county board of education moves his or her domicile from the district he or she represents, he or she shall cease to be a member of the county board of education, and a vacancy shall occur. The member shall provide notice of the move to the secretary of the local board of education before the commencement of business at the first meeting of the local board of education following the move. The boundaries of such single member districts shall be determined by a majority vote of the county board of education. The county board of education shall apportion the districts according to the last federal decennial census for the county utilizing the principle of equal representation. Thereafter, each county board of education choosing to implement single member election districts shall reapportion those districts within six months following the publication of the results of each federal decennial census.
(c) No person shall be eligible for election or appointment as a member of a county board of education unless he or she satisfies all of the following qualifications:
(1) Is a person of good moral character.
(2) Has obtained a high school diploma or its equivalent.
(3) Is not employed by that county board of education, unless serving as a member of the county board of education on April 20, 2012.
(4) Is not serving on the governing board of a private elementary or secondary educational institution.
(5) Is not on the National Sex Offender Registry or the state sex offender registry.
(6) Has not been convicted of a felony.
(School Code 1927, §§87, 92; Code 1940, T. 52, §§63, 68; Acts 1949, No. 369, p. 542, §1; Acts 1949, No. 667, p. 1031; Acts 1964, 1st Ex. Sess., No. 249, p. 346, §1; Acts 1969, No. 331, p. 705, §1; Acts 1987, No. 87-282, p. 392, §1; Act 2012-221, p. 399, §2.)
Notes of Decisions
United States v. Dallas Cnty. Comm'n, 548 F. Supp. 794 (S.D. Ala. 1982).
· cites it 56× “52, Section 63, Code of Alabama Re-Complied 1958; and Section 16-8-1, 1975 Code of Alabama. The Court therefore finds that not only is there a firm, long-standing State policy favoring the at-large election of County Boards of Education, but that there is also a firm,…”
United States v. Dallas Cnty. Comm'n, 739 F.2d 1529 (11th Cir. 1984).
· cites it 2× “The government had challenged Ala.Code § 16-8-1 (1975), the section under which the Board of Education was elected, only as applied and not on its face, 1 so the court held the government *1533 would not be permitted to present evidence of discriminatory intent in the enactment…”
United States v. Dallas Cnty. Comm'n, 548 F. Supp. 875 (S.D. Ala. 1982).
· cites it 2× “However, the Plaintiff — having admitted the constitutionality of Section 16-8-1 of the 1975 Code of Alabama and the at-large electoral system thereby prescribed — made a deliberate decision and offered no evidence to establish that intentional and invidious racial…”
United States v. Dallas Cnty. Comm'n, 636 F. Supp. 704 (S.D. Ala. 1986).
· cites it 2× “On March 31, 1986, this Court entered an order denying the Government’s motion for a preliminary injunction barring elections for members of the Dallas County Board of Education under the existing at-large election system prescribed by Alabama Code § 16-8-1 (1975). 2 . Dr.…”
Weaver v. Madison City Bd. of Educ., 947 F. Supp. 2d 1308 (N.D. Ala. 2013).
· cites it 3× “The Board has the right to buy, lease, and sell real and personal property for school purposes. The Board is permitted to sue and contract, and it may be sued on such contracts.”
United States v. Dallas Cnty. Comm'n, 850 F.2d 1433 (11th Cir. 1988).
· cites it 4× “Under an option of Alabama Code § 16-8-1, the School Board is comprised of five members who are elected at-large from numbered posts for six-year staggered terms.”
Yeomans v. State, 195 So. 3d 1018 (Ala. Crim. App. 2013).
“” Specifically, there was no theft because, the court reasoned, “the personal property taken by the victim was not the ‘property of another’ *1034 within the definition provided by OCGA § 16-8-1(3) which excludes property of a spouse from the definition of.”
Phillips v. Beasley, 78 F.R.D. 207 (N.D. Ala. 1978).
· cites it 2× “See 1975 Code of Alabama, § 16-8-1 et seq. In this action for injunctive relief against the county board members and certain county election officials, the plaintiffs — who reside in that part of the county outside the city school district — assert that their votes for members…”
Cleburne Cnty. Bd. of Educ. v. Payne, 518 So. 2d 49 (Ala. 1987).
“) and the Cleburne County Board of Education (created pursuant to Code 1975, § 16-8-1, et seq.) was held in July 1985 to begin the process of finding a new principal.”
Ala. Code § 16-8-1(3): 1 case
Yeomans v. State, 195 So. 3d 1018 (Ala. Crim. App. 2013).
“” Specifically, there was no theft because, the court reasoned, “the personal property taken by the victim was not the ‘property of another’ *1034 within the definition provided by OCGA § 16-8-1(3) which excludes property of a spouse from the definition of.”
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