Alabama
State Protections and Legal Framework
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Summary/Overview:Alabama’s State Constitution does not on its face guarantee any right to education or training at public expense, but the Alabama Supreme Court has interpreted Article XIV of the Alabama Constitution to impose such a right. Nevertheless, there is tension between the state’s highest court’s interpretation and the 1956 constitutional amendment (amendment 2) which explicitly denies any right to education at public expense. Until 2022, Article XIV maintained constitutionally invalid provisions, including racist segregationist language related to public schools for children.
Ala. Const., art. XIV, § 256 provides:
“It is the policy of the state of Alabama to foster and promote the education of its citizens in a manner and extent consistent with its available resources, and the willingness and ability of the individual student, but nothing in this Constitution shall be construed as creating or recognizing any right to education or training at public expense, nor as limiting the authority and duty of the legislature.
The legislature may by law provide for or authorize the establishment and operation of schools by such persons, agencies or municipalities, at such places, and upon such conditions as it may prescribe, and for the grant or loan of public funds and the lease, sale or donation of real or personal property to or for the benefit of citizens of the state for educational purposes under such circumstances and upon such conditions as it shall prescribe. Real property owned by the state or any municipality shall not be donated for educational purposes except to nonprofit charitable or eleemosynary corporations or associations organized under the laws of the state.”
In August of 1956, in response to (and an attack on) Brown v. Board of Education, Alabama amended its constitution to state that “nothing in this Constitution should be construed as creating or recognizing” the right to an education (such amendment, referred to as “Amendment 2”). The trial court, in Alabama Coalition for Equity (ACE) v. Hunt, declared that this amendment violated the federal constitution and was, therefore, void. However, since the Alabama Supreme Court did not review that holding, the 1956 amendment remained. In 2004, Alabama voters defeated a proposed amendment to remove this and all language regarding segregation from State constitutional clauses. This amendment ensures that education is treated as a legislative privilege, not a constitutional right under Alabama law.
Relevant Case Law regarding Right to Education in Alabama
In 1993, in Bird v. State Board of Education, 624 So.2d 107 (Ala. 1993), the Alabama Supreme Court held, among other things, that education is a fundamental right under the Alabama Constitution.
In 1997, in ACE v. Hunt, 676 So.2d 133 (Ala. 1996/1997), the Alabama Supreme Court affirmed a trial court ruling that the State school funding system violated the constitution because it did not provide “equitable and adequate educational opportunities” for all students. The Court also held that the Legislature needed “a reasonable time” to enact a remedy. The State revised its funding system and improved facilities across the State.
In 2002, shortly before a hearing on whether the State had remedied the violation after “a reasonable time,” the Alabama Supreme Court, on its own initiative and long after its jurisdiction in the case had ended, dismissed this case in its entirety. The composition of this elected Court had changed in the intervening years.
In 2008, in Lynch v. State, 568 F. Supp. 2d 1329 (N.D. Ala. 2008), plaintiffs filed a different type of school funding and educational opportunity lawsuit in federal District Court, seeking a declaratory judgment that the State constitution’s property tax restrictions, which allegedly limited education funding severely for African-American and other rural children, violated the U.S. Constitution’s 14th amendment and the federal Civil Rights Act. In 2011, the District Court acknowledged that the challenged property tax restrictions substantially harmed minority groups but concluded that they did not violate the U.S. Constitution or the Civil Rights Act. The U.S. Circuit Court of Appeals affirmed, and in 2014, the U.S. Supreme Court denied review.
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State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA)
No direct state law equivalents exist; however, Alabama state agencies receive complaints about violations of federal statutes.
AL State Department of Education, Federal Programs Section and Special Education will handle complaints of violations of discrimination in violation of Federal Protections; See Section Below)
Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)
None.
State Anti-Bullying Law: Alabama Student Harassment Prevention Act (Ala. Code § 16-28B)
Alabama Student Harassment Prevention Act (Ala. Code § 16-28B):This statute requires all Alabama public K–12 schools to adopt and enforce policies that prohibit bullying, harassment, intimidation, and threats—including cyberbullying—against students. Bullying includes repeated, intentional acts (verbal, physical, written, or electronic) that cause harm, fear, or substantial disruption to a student’s education.
Each school district must implement a written anti-bullying policy with clear definitions, reporting procedures, investigation protocols, and disciplinary consequences.
Allows for anonymous reporting.
Requires parental notification of both the alleged victim and perpetrator.
Training: School personnel must receive annual training on bullying prevention and response.
No Private Right of Action: The law does not permit individuals to sue under this statute alone, but it may support claims under federal civil rights laws.
Alabama Department of Education monitors compliance.
State law protections regarding color of law or pattern/practice liability for law enforcement in schools
None.
Other educational anti-discrimination protections under state statutes
Alabama Student Religious Liberties Act (Ala. Code § 16-1-20.5)- Protects students and parents from discrimination based on religion in public schools, ensuring religious groups have equal access to facilities.
Alabama School Choice and Student Opportunity Act (Ala. Code § 16-6F-9)- Prohibits public charter schools from discriminating based on race, creed, color, sex, disability, national origin, limited English proficiency, or other categories that would be unlawful for non-charter public schools.
Safe at Schools Act (Ala. Code § 16-30A-9) Protects students with health needs, including diabetes. It requires schools to develop Individual Health Plans for these students and allows trained school employees to administer specific medications, such as injectable diabetes medications or epinephrine, ensuring students can attend school activities without exclusion due to their conditions. It does not extend to broader disability rights.
Right to Full Use of Streets, Sidewalks, Public Buildings, Public Facilities, Etc (Ala. Code § 21-7-3) Affirms that individuals with disabilities have full access to public facilities, which includes schools
Section 21-7-8 of the Alabama Code prohibits disability bias in employment by state and local government agencies, public schools, and employers funded by public money. This means, for example, that public schools cannot discriminate against teachers or staff with disabilities in accessing educational programs or services.
Other relevant law enforcement provisions:
Peace Officer Immunity (Ala. Code § 6-5-338)- can shield officers, even in school roles, from tort liability for discretionary decisions made in the line of duty.
Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims?
No, Alabama state law does not allow a private right of action for disparate impact claims.
How do I file a complaint about discrimination in a K-12 public school in Alabama?
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Identify the Basis of Discrimination Choose the applicable category for the discrimination your student experienced:
Race, color, national origin → May be covered by Alabama Student Harassment Prevention Act or AL Department of Education Federal Programs Section
Federal Protections: Title VI
Sex (including gender identity, pregnancy, sexual harassment) → May be covered by Alabama Student Harassment Prevention Act or AL Department of Education Federal Programs Section
Federal Protections: Title IX
Disability → May be covered by the AL Department of Education Special Education Section
Federal Protections: Section 504 / ADA
Gather Evidence Include:
Dates, times, and locations of incidents
Names of individuals involved
Copies of emails, screenshots, witness statements, or school responses
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File a Complaint under Alabama Student Harassment Prevention Act (Ala. Code § 16-28B)
Who Can File: The student who was the target of the bullying or the student’s parent or guardian.
What Form to Use: Local School Board of Education must have an authorized bullying complaint form available on the district and school websites, in each school office, and in the student handbook. The state of Alabama has provided a sample complaint form that your District may use: Harassment Complaint Form Sample
What to Include on the Form:
Details of the incident(s) — date, time, location
Names of those involved (alleged aggressor(s), witnesses)
Description of the conduct (verbal, physical, cyber, threats, etc.)
Any evidence (screenshots, photos, messages)
Where to Submit the Form: Deliver it to the Principal or Assistant Principal and keep a copy for your records
What Happens After File Complaint?
School District must: conduct a prompt investigation, notify parents of the alleged victim and perpetrator, and document the complaint, findings and actions taken.
Actions should include remedial or disciplinary measures if complaint is substantiated and report to state department of education.
What Happens if the School Doesn't Act?
You can escalate to the Alabama State Department of Education’s Support Services Division with a copy of your original complaint and evidence of the school’s inaction. Call 334-694-4900 to get the most recent email address/format for submission.
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File a Grievance with the school or district, and then, if not satisfied with the response, file a Complaint with the Alabama Department of Education.
Who Can File: Complainants may include public agencies, parents, organizations, and other individuals who are alleging a violation of law with respect to covered federal education programs. (This is consistent with the requirements of the Elementary and Secondary Education Act of 1965, as reauthorized by the Every Student Succeeds Act (20 U.S.C. § 7844(3)(C)
Note: While there may be overlap with some civil rights protections, covered federal education programs are more limited than programs that receive federal funds (and would be covered by Title VI, for example.)
What is a Federal Covered Program? ALSDE has a formal, published complaint process for “covered federal programs” This includes programs for disadvantaged students (title I, Part A), teacher quality and professional development (Title II, Part A), English learner and immigrant student programs (Title III, Part A and Migrant Students), student support (Title IV, Part A), academic enrichment (Title IV, Part A), after‑school programs (Title IV, Part B), rural education (Title V, Part B), McKinney‑Vento (Homeless Education), Migrant Education, and Neglected/Youth in Juvenile Facilities Youth programs.
What are examples of the kind of discrimination this may cover?
If a student was denied language services, or an English language learner experienced national origin discrimination and/or a failure by the school to overcome language barriers, or a student experiencing homelessness was denied transportation back to their school of origin, or there was disproportionate discipline limiting access to educational programs in a high poverty school, or unequal access to extracurricular activities, or students with disabilities were excluded from after school programs, or students in rural areas received unequal resource allocation based…
What Form to Use and What to Include for Grievance:
There is not a specified form, but the grievance (and ultimate complaint) must be:
1) Written and signed by a person or parties making the complaint;
2) Identify the alleged infringement of a “covered program”; and
3) Include details on how the complaint would have SDE resolve the complaint.
How to File:
Grievance to School or School District: Before submitting a complaint about a school or a school district to the State, the Alabama State Department of Education requires that all complainants first complete the grievance procedures established by the Local Education Agency. This may include contacting the local school district, expressing concerns to board employees, and receiving information on this complaint process.
If the school or district does not address the issue, file a written complaint with the Federal Programs Section of the Alabama State Department of Education.
Federal Programs Section: Complaints are delivered to the State Department of Education (SDE) and must fulfill the following three conditions: 1) It is written and signed by a person or parties making the complaint; 2) It identifies the alleged infringement of a “covered program”; and 3) It includes details on how the complaint would have SDE resolve the complaint.
Where to Send Complaint If School District Fails to Respond
Complaints may be mailed to the following address:
Federal Programs Director Alabama, State Department of Education, Instructional Services, Federal Programs Section, Gordon Persons Building, Room 5348, P. O. Box 302101, Montgomery, AL 36130-2101
Or may be hand-delivered to the SDE at this physical address: Federal Programs Director, Alabama State Department of Education, Instructional Services, Federal Programs Section, Gordon Persons Building, Room 5348 50 North Ripley Street Montgomery, Alabama 36104, Attention: Federal Programs Director
Are there language access requirements for complaint processes?
The Alabama Department of Education states, “If a recipient’s service area contains a community with persons of limited English proficiency, information must be available to that community in its language.”
Are there known barriers to accessing enforcement (filing fees, documentation requirements)?
Federal Programs Section : There is no filing fee mentioned, but the agency does state that the SDE may require documentation to assist in deciding the issue.
Can complainants have advocates or legal representation?
Federal Programs Section : The agency does not state whether they are able to have a representative or advocates.
Are complainants entitled to legal representation or other advocates to file or at any point in the process?
Federal Programs Section: The agency does not state whether they are entitled to representation or advocates at any point in the process.
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What are the required elements of this Grievance to the School District and Complaint to the State?
ALSDE, Federal Programs Section : The agency states that “the term ‘complaint’ means an allegation, by an individual or group, that the state, a local education agency (LEA), or other sub-grantee receiving federal funds has, in some way, violated a federal statute or regulation or a related state regulation that applies to a covered federal program.”
Who reviews claims and what timeframes apply?
ALSDE, Federal Programs Section : The Federal Programs Section strives to resolve the complaint within 60 calendar days of receiving the written complaint.
What type of investigation may occur?
ALSDE, Federal Programs Section : An investigation extension by the SDE may occur, where they will gather feedback from both parties on the ways in which the SDE may investigate the complaint.
Who participates in investigations?
ALSDE, Federal Programs Section : The State Department of Education participates in investigations.
Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?
ALSDE, Federal Programs Section : Complainants may be afforded a hearing during the appeals process. There is an opportunity for one informal hearing before the complaint closure, and a formal hearing after closure.
What privacy/confidentiality protections exist?
The Alabama State Board of Education’s Data Use and Governance Policy is based on FERPA.
Are school districts required to publicly post civil rights complaint procedures?
The Alabama Department of Education states, “A recipient must adopt and publish a grievance procedure providing for prompt and equitable resolution of student and employee complaints alleging any discrimination based on sex or disability.”
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What is the appeals process, if any, for a complaint filed with ALSDE, Federal Programs Section ?
ALSDE, Federal Programs Section : The complainant may appeal in writing and deliver the appeal to the SDE within 30 calendar days from the date of the Letter of Findings. There may then be an informal hearing within 15 days of the request, after which the SDE will issue a “Letter of Closure”. Oral and written testimony is taken. If the complainant is still not satisfied, the SDE will appoint an Ad Hoc Dispute Resolution Panel to conduct a formal hearing. The panel will provide an opportunity for both parties to submit evidence and question parties/witnesses. Their decision is considered final.
Are there other administrative processes that must be exhausted before taking legal action?
ALSDE, Federal Programs Section : If the decision of the Ad Hoc Dispute Resolution Panel is not satisfactory, the complainant has the right to appeal to the U.S. Secretary of Education.
What enforcement mechanisms exist for non-compliance?
ALSDE, Federal Programs Section: The SDE can withhold funding and implement more restrictive conditions.
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The Alabama Department of Education does not appear to publish complaint outcome data.
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Federal Programs Section : Parties can submit a “Complaint to the Ombudsman” form to the education department. Parties can submit a “Constitutionally Protected Prayer Complaint” form to the education department. ALSDE Constitutionally Protected Prayer Complaint Form
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Who Can File?
An individual or organization may file a State complaint alleging a violation of requirements of the federal IDEA by a public agency, the state department of education, or any other public agency. (OPTION 1)
A parent or student or a public agency may file a due process hearing request on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation, or educational placement of a child with a disability, or the provision of a free appropriate public education to the child. (OPTION 2)
This document identifies special education rights under the individuals with disabilities education act Special Education Rights
(Option 1) What do you File for a State Complaint? File a written complaint that includes:
A statement of the violation.
Supporting facts.
Complainant’s signature and contact info.
If child-specific: name, address, school, nature of the problem, and proposed resolution.
For homeless youth: available contact info and school name.
Sign the complaint.
You can use this sample complaint form: Dispute Written State Complaint
(Option 1) Where to File:
Submit to the Special Education Services (SES) section of the State Department of Education (SDE).
Simultaneously send a copy to the Local Education Agency (LEA) or public agency serving the child.
Remember: Provide a copy of the complaint to the superintendent of the school district/public agency serving the child at the same time you file the complaint with the Alabama State Department of Education
(Option 1) Timeline & Process:
Your signed written state complaint must allege a violation that occurred not more than one (1) year prior to the date that the complaint is received.
SES reviews for completeness and signature.
If valid, a 60-calendar-day timeline begins on the day SES receives the complaint.
Extensions allowed only for:
Exceptional circumstances.
Mutual agreement between parent and agency to pursue mediation.
(Option 1) Investigation & Resolution:
SES may conduct an independent onsite investigation.
Final written decision must include:
Findings of fact.
Conclusions.
Reasons for the decision.
May include technical assistance, negotiations, or corrective actions to ensure compliance.
(Option 1) Overlap with Due Process Hearings:
If a complaint overlaps with an active due process hearing:
Issues under hearing are set aside until resolved.
Remaining issues proceed under the complaint timeline.
If a due process decision already resolved an issue:
That decision is binding.
SEA must notify the complainant.
Complaints alleging failure to implement a due process decision must be resolved by the SEA.
(Option 1) Form Use:
A sample complaint form is available upon request but not required.
(OPTION 2) Parent or student or a public agency alleging failure to provide services to a child with a disability or a failure to provide a free appropriate public education to the child - Filing a Due Process ComplaintWhat do you file? A written due process complaint/request for a due process hearing, including:
Child’s name, address (or contact info if experiencing homelessness).
School name.
Description of the problem (within 2 years of knowledge).
Proposed resolution (if known).
Signature (legal standard; exceptions for inability to sign).
You can use this sample complaint form:Dispute Due Process Complaint
(OPTION 2) Where to File:
Provide a copy of the due process complaint to the superintendent of the school district/public agency serving the child at the same time you file the due process complaint with the Alabama State Department of Education.
(OPTION 2) Timeline & Process:
A signed request for a due process hearing must allege a violation that occurred not more than two (2) years prior to the date that the due process complaint is received.
The party alleged to violate federal law may challenge the sufficiency of the request within 15 calendar days, and a hearing officer must decide the challenge within 5 calendar days.
(OPTION 2) Resolution Meeting:
Must occur within 15 calendar days of request.
Includes parents, IEP Team members with decision-making authority.
Attorneys may attend only if both sides are represented.
(OPTION 2) Waiver or Mediation:
Parties may waive the meeting or opt for mediation.
If resolved, a legally binding agreement is signed (voidable within 3 business days).
(OPTION 2) Failure to Participate:
Parent’s non-participation delays timelines.
Education agency may request dismissal if unable to secure parent’s participation (must document efforts).
(OPTION 2) Hearing Timeline
If unresolved within 30 days, hearing proceeds.
Final decision due within 45 calendar days after resolution period ends.
Extensions allowed by hearing officer upon request.
(OPTION 2) Education Agency Response to Decision
Must respond within 10 calendar days of receiving request.
Response must include:
Explanation of proposed/refused action.
Other options considered and rejected.
Evaluation procedures and records used.
Other relevant factors
(OPTION 1 and 2) Are there language access requirements for complaint processes?
The Alabama Department of Education states, “If a recipient’s service area contains a community with persons of limited English proficiency, information must be available to that community in its language.”
(OPTION 2) Are there known barriers to accessing enforcement (filing fees, documentation requirements)?
Documents are entered into evidence during a due process hearing.
(OPTION 2) Can complainants have advocates or legal representation?
Yes, they can.
(OPTION 2) Are complainants entitled to legal representation or other advocates to file or at any point in the process?
In a due process hearing, disputing parties have the right to be accompanied and advised by counsel, but the agency does not say they are entitled to it.
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Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?
Special Education Services: Yes, parties may go straight to a due process hearing or reach this point after an unsuccessful dispute resolution. Disputing parties have the following rights during a hearing: the right to have counsel, present evidence, confront, cross-examine, compel witnesses, the right to stop the introduction of new evidence that was not disclosed at least five days before the hearing, get written/electronic records (of the hearing, findings of fact, and decisions). They also have the right to have the child present and the right to open the hearing to the public.
Are school districts required to publicly post civil rights complaint procedures?
The Alabama Department of Education states, “A recipient must adopt and publish a grievance procedure providing for prompt and equitable resolution of student and employee complaints alleging any discrimination based on sex or disability,”.
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What is the appeals process, if any?
(OPTION 1) Federal Programs Section : The complainant may appeal in writing and deliver the appeal to the SDE within 30 calendar days from the date of the Letter of Findings. There may then be an informal hearing within 15 days of the request, after which the SDE will issue a “Letter of Closure”. Oral and written testimony is taken. If the complainant is still not satisfied, the SDE will appoint an Ad Hoc Dispute Resolution Panel to conduct a formal hearing. The panel will provide an opportunity for both parties to submit evidence and question parties/witnesses. Their decision is considered final.
(OPTION 2) Special Education Services: There is an appeals process, where a party may appeal in state or federal court. This is done by giving notice of intent to file within 30 days upon receipt of the decision.
Are remedies legally enforceable once a violation is found?
(OPTION 1) Federal Programs Section : Unclear. This is not addressed.
(OPTION 2) Special Education Services: It states that a hearing officer’s decision is legally binding and that the school system must implement the hearing decision as soon as possible.
Are there other administrative processes that must be exhausted before taking legal action?
(OPTION 1) Federal Programs Section : If the decision of the Ad Hoc Dispute Resolution Panel is not satisfactory, the complainant has the right to appeal to the U.S. Secretary of Education.
(OPTION 2) Special Education Services: There are no mentions of legal action. However, before the due process hearing for a complaint, the parties must go through a resolution meeting.
Do state agencies publish complaint outcome data?
The Alabama Department of Education does not appear to publish complaint outcome data.
What enforcement mechanisms exist for non-compliance?
OPTION 1 Federal Programs Section : The SDE can withhold funding and implement more restrictive conditions.
OPTION 2 Special Education Services: If the school district doesn’t follow the hearing officer’s decision, parents may file a written state complaint requesting that the state enforce the decision
State Attorney General Enforcement Actions
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Has the AG taken civil rights actions involving education in the past 5 years?
The Alabama Attorney general has taken actions involving civil rights in education, but mainly against expanding protections.
In 2024, in Alabama v. Cardona, No. 7:24-CV-533-ACA, 2024 WL 3607492 (N.D. Ala. July 30, 2024), the AG filed a suit against the U.S. Department of Education contending that “new regulations entitled Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance […] should be vacated in its entirety because it violates the Administrative Procedure Act (“APA”), 5 U.S.C. § 706(2)(A).”
In 2022, in Tennessee v. United States Dep't of Agric., 665 F. Supp. 3d 880 (E.D. Tenn. 2023), multiple AGs (including the Alabama AG) filed a suit against the U.S. Department of Agriculture “challenging USDA's memoranda interpreting sex-discrimination prohibitions in Title IX and the Food and Nutrition Act (FNA), as applied to Supplemental Nutrition Assistance Program (SNAP), to include discrimination based on gender identity and sexual orientation, as well as USDA rule precluding such discrimination.” The impact of this issue extended to schools, which were required to investigate discrimination allegations under this rule because they received funding for school lunches.
What enforcement powers does the AG possess in education-related cases?
The AG does not possess specific education-related powers but does have broad legal authority that touches on enforcement in the education context. They include:
Ala. Code § 36-15-13: The AG may appear before grand juries.
Ala. Code § 36-15-14: The AG may direct prosecution in criminal cases.
Ala. Code § 36-15-15: The AG may advise or direct the DA.
Ala. Code § 36-15-19: The written opinion of the AG protects officers, governing bodies, etc.
Ala. Code §36-15-21: Litigation affecting the state is under the direction and control of the AG.
Ala. Code § 36-15-22: The AG may designate certain merit system positions.
Ala. Code §36-15-60: The AG may appoint investigators for their office.
Does the AG accept individual education civil rights complaints, or does the office only take on broad investigations? (if they do individual complaints, would want to answer the below complaint process questions for the AG’s office)
No, they only take on broad investigations into education civil rights.
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Does the AG have an office/section dedicated to education or education civil rights issues? (If the AG has sections or offices dedicated to education or children's rights issues, please identify that office when responding to relevant questions above and with respect to the complaint process below.)
No, the AG does not have a dedicated education or education civil rights office/section.
Other State Enforcement System
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Human Rights/Relations Commissions (state and local)
City of Birmingham Human Rights Commission: No information on submitting complaints. The Human Rights Commission is a part of the Birmingham Division of Social Justice and Racial Equity.
Huntsville Human Relations Commission: No information on submitting complaints. May be able to “assist residents in resolving complaints and concerns between individuals and the City of Huntsville within the commission’s purview.”
State Civil Rights Departments independent of AG offices
Alabama Department of Human Resources Equal Employment & Civil Rights Division: No information on submitting complaints. “The staff also conducts reviews and audits of Department and its sub-grantees’ programs; investigates and mediate complaints and other charges alleging discrimination or unequal treatment from employees and program participants; provides technical assistance, training and counseling to managers, supervisors, employees, clients, and the general public.”
Other State Offices with relevant jurisdiction
State of Alabama Office of Minority Affairs: No information on submitting complaints. “Knowledge is the great equalizer, and the AOMA works to expand access to educational opportunities for all Alabama residents, regardless of age, by assembling resources for those who need them most.”