The Constitution of Alabama places the responsibility for establishing and maintaining an efficient system of public schools on the State Legislature. The Legislature has created the Board as the body charged with establishment, maintenance, development, and operation of an efficient public school program within the School System. The Alabama Supreme Court has held that the Board is vested with a broad range of administrative and supervisory authority commensurate with the above prescribed educational responsibilities.
Members of the Board are officers of the State. The Board is the agency through which the County acts in regard to school matters. Board members have authority only when functioning as a body or group in a legally called regular or special meeting. The powers of the Board are delegated only to the Board as a body. No authority is granted to members acting as individuals.
Under State law, the Board is immune from action in tort. However, local governing bodies, including boards of education, may be sued directly under 42 U.S.C. s1983 for monetary, declaratory, and injunctive relief for civil rights violations resulting from the implementation or execution of an unconstitutional policy statement, ordinance, regulation, decision, or custom. Moreover, liability may be equally applicable, not just from policies, regulations, or decisions officially adopted by the Board, but also from a custom or standard practice, even though the custom or practice has not received formal Board approval.
The Board is cognizant that all actions must be taken in good faith, with reasonable prudence, and sincerity, and be based on the belief that such actions are correct and in the best interests of the School System in accordance with statutes and pertinent judicial precedents.
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