Ala. Code § 16-60-84 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-84
Section 16-60-84 Manner of Incorporation
Status: in_force

To become a corporation, the Governor, the Director of Finance and the State Superintendent of Education shall present to the Secretary of State of Alabama an application signed by them which shall set forth:

(1) The name, official designation and official residence of each of the applicants, together with a certified copy of the commission evidencing each applicant’s right to office;

(2) The date on which each applicant was inducted into office and the term of office of each applicant;

(3) The name of the proposed corporation, which shall be the Alabama Trade School and Junior College Authority;

(4) The location of the principal office of the proposed corporation; and

(5) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this article or the laws of the State of Alabama.

The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of this state to take acknowledgments to deeds. The Secretary of State shall examine the application and, if he finds that it substantially complies with the requirements of this section, he shall receive and file it and record it in an appropriate book of records in his office.
Ala. Code § 16-44C-7 — Alabama Code / Title 16 / Chapter 44C / Section 16-44C-7
Section 16-44C-7 Establishment of the Interstate Teacher Mobility Compact Commission
Status: in_force

(a) The compact member states hereby create and establish a joint public agency known as the Interstate Teacher Mobility Compact Commission:

(1) The commission is a joint interstate governmental agency comprised of states that have enacted this compact.

(2) Nothing in this compact shall be construed to be a waiver of sovereign immunity.

(b) Membership, voting, and meetings.

(1) Each member state shall have and be limited to one delegate to the commission, who shall be given the title of commissioner.

(2) The commissioner shall be the primary administrative officer of the state licensing authority or their designee.

(3) Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner is appointed.

(4) The member state shall fill any vacancy occurring in the commission within 90 days.

(5) Each commissioner shall be entitled to one vote about the adoption of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A commissioner shall vote in person or by other means as provided in the bylaws. The bylaws may provide for commissioners’ participation in meetings by telephone or other means of communication.

(6) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

(7) The commission shall establish by rule a term of office for commissioners.

(c) The commission shall have all of the following powers and duties:

(1) Establish a code of ethics for the commission.

(2) Establish the fiscal year of the commission.

(3) Establish bylaws for the commission.

(4) Maintain financial records in accordance with the bylaws of the commission.

(5) Meet and take any actions as are consistent with this compact, the bylaws, and rules of the commission.

(6) Adopt uniform rules to implement and administer this compact. The rules shall have the force and effect of law and shall be binding in all member states. In the event the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then the action by the commission shall be invalid and have no force and effect of law.

(7) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any member state licensing authority to sue or be sued under applicable law shall not be affected.

(8) Purchase and maintain insurance and bonds.

(9) Borrow, accept, or contract for services of personnel including, but not limited to, employees of a member state, or an associated nongovernmental organization that is open to membership by all states.

(10) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

(11) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal, or mixed, provided that at all times the commission shall avoid any appearance of impropriety.

(12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.

(13) Establish a budget and make expenditures.

(14) Borrow money.

(15) Appoint committees, including standing committees composed of members and other interested individuals as may be designated in this compact, rules, or bylaws.

(16) Provide and receive information from, and cooperate with, law enforcement agencies.

(17) Establish and elect an executive committee.

(18) Establish and develop a charter for an executive information governance committee to advise on facilitating exchange of information, use of information, data privacy, and technical support needs, and provide reports as needed.

(19) Perform other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of teacher licensure.

(20) Determine whether a state’s adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact.

(d) The executive committee of the compact commission.

(1) The executive committee may act on behalf of the commission according to the terms of this compact.

(2) The executive committee shall be composed of the following eight voting members:

a. The commission chair, vice chair, and treasurer.

b. Five members who are elected by the commission from the current membership, including the following:

1. Four voting members representing geographic regions in accordance with commission rules.

2. One at-large voting member in accordance with commission rules.

(3) The commission may add or remove members of the executive committee as provided in commission rules.

(4) The executive committee shall meet at least once annually.

(5) The executive committee shall have the following duties and responsibilities:

a. Recommend to the entire commission changes to the rules or bylaws, changes to the compact legislation, fees paid by compact member states including annual dues and any compact fee charged by the member states on behalf of the commission.

b. Ensure commission administration services are appropriately provided, contractual or otherwise.

c. Prepare and recommend the budget.

d. Maintain financial records on behalf of the commission.

e. Monitor compliance of member states and provide reports to the commission.

f. Perform other duties as provided in rules or bylaws.

(6) MEETINGS OF THE COMMISSION.

a. All meetings shall be open to the public, and public notice of meetings shall be given in accordance with commission bylaws.

b. The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss any of the following:

1. Noncompliance of a member state with its obligations under the compact.

2. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission’s internal personnel practices and procedures.

3. Current, threatened, or reasonably anticipated litigation.

4. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.

5. Accusing any individual of a crime or formally censuring any individual.

6. Disclosure of trade secrets or commercial or financial information that is privileged or confidential.

7. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

8. Disclosure of investigative records compiled for law enforcement purposes.

9. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact.

10. Matters specifically exempted from disclosure by federal or member state statute.

11. Other matters as set forth by commission bylaws and rules.

c. If a meeting, or portion of a meeting, is closed pursuant to this subdivision, the commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

d. The commission shall keep minutes of commission meetings and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.

(7) FINANCING OF THE COMMISSION.

a. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

b. The commission may accept all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest.

c. The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission, in accordance with the commission rules.

d. The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.

e. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to accounting procedures established under commission bylaws. All receipts and disbursements of funds of the commission shall be reviewed annually in accordance with commission bylaws, and a report of the review shall be included in and become part of the annual report of the commission.

(8) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.

a. The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability in their official capacity for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any individual from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that individual.

b. The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that individual from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that individual’s intentional or willful or wanton misconduct.

c. The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that individual arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the individual had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that individual.
Ala. Code § 16-68-6 — Alabama Code / Title 16 / Chapter 68 / Section 16-68-6
Section 16-68-6 Regulation of Unprotected Speech, Expression, Etc
Status: in_force

Nothing in this chapter shall be construed to prevent public institutions of higher education from regulating and restricting speech, expression, or a protected expressive activity that is not protected by the United States Constitution or the Constitution of Alabama of 1901, including, but not limited to, any of the following:

(1) Violations of state or federal law, including, but not limited to, actions that damage institutional property.

(2) Expressions that a court has deemed unprotected defamation.

(3) Harassment.

(4) True threats, which are defined as statements meant by the speaker to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.

(5) An unjustifiable invasion of privacy or confidentiality not involving a matter of public concern.

(6) An action that unlawfully disrupts the function or security of the institution.
Ala. Code § 16-44A-4 — Alabama Code / Title 16 / Chapter 44A / Section 16-44A-4
Section 16-44A-4 Voting
Status: in_force

Each member party shall be entitled to one vote. The chief executive officer of the member party, by whatever title or in whatever manner defined by the institutional member, shall be the official voting delegate. If the delegate is unable to represent the member at any membership meeting, the delegate may designate in writing an alternate voting delegate. Each ex officio member shall have one vote.
Ala. Code § 16-50-28 — Alabama Code / Title 16 / Chapter 50 / Section 16-50-28
Section 16-50-28 Certificate for Payment of Expenses
Status: in_force

The certificate of the president of the board or, in his or her absence, of the president pro tempore, countersigned by the secretary, shall entitle the several trustees to the payment of their actual expenses incurred in the discharge of their duties as trustees.
Ala. Code § 16-47-197 — Alabama Code / Title 16 / Chapter 47 / Section 16-47-197
Section 16-47-197 Powers of University Over Personal Property Acquired for Use or Display
Status: in_force

Any personal property acquired by the University of Alabama for use or display in its museum may be used or displayed at any place deemed by it to be advisable, and such property may be sold or exchanged as the University of Alabama shall deem proper.
Ala. Code § 16-60-352 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-352
Section 16-60-352 Documentation
Status: in_force

(a) The Department of Revenue may require a taxpayer to submit copies of receipts or other similar financial documentation with the taxpayer’s state income tax return as necessary to confirm eligibility for the tax credit.

(b) The Department of Revenue shall promulgate rules and develop any tax forms, directions, and worksheets as necessary to effectuate the intent of this article.
Ala. Code § 16-22B-1 — Alabama Code / Title 16 / Chapter 22B / Section 16-22B-1
Section 16-22B-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the School Security Act.
Ala. Code § 16-11-16 — Alabama Code / Title 16 / Chapter 11 / Section 16-11-16
Section 16-11-16 Kindergartens and Playgrounds; Eligibility for Admission to Public Schools
Status: in_force

(a) The city board of education shall have power to establish and maintain a system of public schools including kindergartens and playgrounds for the benefit of children who are bona fide residents of and living within the corporate limits of such city.

(b) Such children who are six years of age and less than 19 years of age on the date school opens shall be entitled to admission to the elementary, junior and senior high schools.

(c) If a kindergarten is established and maintained, children from five to eight years of age may be admitted on such terms and conditions as the city board of education may prescribe.
Ala. Code § 16-61C-2 — Alabama Code / Title 16 / Chapter 61C / Section 16-61C-2
Section 16-61C-2 Legislative Findings
Status: in_force

The Legislature of the State of Alabama hereby finds:

(1) That the Alabama Science in Motion Program (the ASIM Program) of six pilot networks, created by Act No. 94-673, to augment the science curriculum of the public schools, have demonstrated efficacy as a model in advancing the state’s efforts towards the following goals and directives of the “Alabama Education Improvement Act of 1991.”

(2) That by the year 2000, Alabama students should be among the country’s leaders in mathematics and science achievement and that special attention be given to science in the Alabama Course of Study.

(3) That the State Board of Education provide “a plan for the cooperative development and execution of research, demonstration, evaluation and dissemination of activities related to the effective use of technologies in teaching and learning”; and that these activities be carried out in cooperation with the existing Alabama Regional Inservice Centers and local school systems.

(4) That the model is consistent and compatible with a coordinated educational technology plan; that it uses technology to improve teaching and learning; and that it uses technology to “improve efficiency in productivity in education administration.”

The Legislature further finds that the Alabama Science in Motion Program is an effective and efficient model that furthers the state’s efforts to: (1) promote equity in the allocation of the state’s financial and educational resources among the several school systems of the state; (2) provide students of the public schools with adequate science laboratories, as provided for in Section 16-1-29(a) (2); and (3) provide students of the public schools with instructional supplies and science equipment in adequate form and quantity, as provided by law.
Ala. Code § 16-26C-6 — Alabama Code / Title 16 / Chapter 26C / Section 16-26C-6
Section 16-26C-6 Purpose of the Foundation
Status: reserved

Repealed by Act 2014-372, §2, effective April 9, 2014.
Ala. Code § 16-1-34 — Alabama Code / Title 16 / Chapter 1 / Section 16-1-34
Section 16-1-34 Donation by Two-Year College President of Surplus Property to Local Public School System
Status: in_force

A two-year college president under the jurisdiction of the Department of Postsecondary Education and the State Board of Education and the State Board of Medical Examiners may donate surplus personal property of the institution to a local city board of education or to a local county board of education for use by public high schools, public middle schools, and public elementary schools in the respective local public school system. Accurate records of the transactions shall be kept by the two-year institution and the State Board of Medical Examiners and the recipient local public school system.
Ala. Code § 16-60-112 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-112
Section 16-60-112 Interpretation of Article
Status: in_force

Nothing contained in this article shall be construed as repealing any provision of the Alabama Trade School and Junior College Authority Act, Sections 16-60-80 to 16-60-96, inclusive, or Sections 16-5-1 to 16-5-14, inclusive, relating to the Alabama Commission on Higher Education.
Ala. Code § 16-28-10 — Alabama Code / Title 16 / Chapter 28 / Section 16-28-10
Section 16-28-10 List of Children Who Should Attend School - How Lists Prepared
Status: in_force

The information required for making lists of children of the compulsory attendance ages shall be prepared by county and city superintendents of education with the assistance of attendance officers from the census booklets on file in their offices for the years in which the census is taken. In the years in which the census is not taken, such lists shall be prepared by county and city superintendents of education by supplementing and correcting the census lists from continuing census records, teachers’ registers and such additional information as may be required from attendance officers.
Ala. Code § 16-5-79 — Alabama Code / Title 16 / Chapter 5 / Section 16-5-79
Section 16-5-79 Rulemaking Authority
Status: in_force

The commission shall adopt any necessary rules to implement this article.
Ala. Code § 16-36-74 — Alabama Code / Title 16 / Chapter 36 / Section 16-36-74
Section 16-36-74 Review of Periodicals Regularly Used in Public K-12 Schools
Status: in_force

(a) For purposes of this section, the term “periodical” means any magazine, newspaper, or journal published at regular intervals.

(b) The State Textbook Committee shall review all periodicals that are regularly used during classroom instruction in any public K-12 school. For purposes of this section, a periodical is considered regularly used if it is used at least once a month during the academic school year.

(c) The State Board of Education may develop guidelines for the review of periodicals. The review process shall include, but not be limited to, publishing statewide lists of vetted and approved periodicals.

(d) Guidelines developed for the review of periodicals pursuant to this section shall be separate from the state textbook review process provided in this article.
Ala. Code § 16-1-2.4 — Alabama Code / Title 16 / Chapter 1 / Section 16-1-2.4
Section 16-1-2.4 Management of Construction and Renovation of Property; Capital Improvement Projects; Transfer of Powers, Authority, and Jurisdiction
Status: in_force

(a) Notwithstanding any provision of law to the contrary, the governing board of each educational institution or state educational institution, as defined in Section 41-4-400(d), may on behalf of the State of Alabama do any or all of the following in relation to that institution:

(1) Acquire lands by purchase, condemnation, or otherwise.

(2) Plan for the construction, repair, remodeling, enlargement, renovation, furnishing, refurnishing, improvement, or relocation of buildings, structures, and facilities.

(3) Set policies, procedures, and guidelines for the design, construction, renovation, equipment, furnishing, maintenance, and improvement of all property now owned or hereafter acquired.

(4) Construct, repair, equip, remodel, enlarge, renovate, furnish, refurnish, improve, and locate buildings, structures, and facilities.

(5) Enter into contracts or consult with architects, engineers, contractors, suppliers, and others as needed to perform any of the functions provided for in this subsection.

(6) Receive any monies, land, or equipment donated, appropriated, or otherwise acquired by it for the purposes provided for in this subsection.

(7) Charge and provide for collection of user fees for its services. The fees established shall take into consideration the costs of the governing board incurred under this section.

(8) Make and adopt all necessary rules, regulations, and plans for its own guidance and for the proper conduct of the duties imposed upon it.

(9) Review and approve or disapprove all proposed construction, renovation, or improvement projects for constructability, durability, and maintainability and to ensure the efficient use and availability of funds.

(10) Review and administer all design and construction contracts for facilities as provided for in this subsection.

(11) Review all emergency project declarations and to aid in the timely execution of emergency projects.

(12) Hire architects, inspectors, and any other personnel necessary for the purposes provided for in this subsection or the duties assigned under this section.

(b)(1)a. At any K-12 school or at any four-year public institution of higher education, any capital improvement project or any alterations, additions, repair, or maintenance of heating, ventilation, and air conditioning systems or any alterations, additions, repair, or maintenance of a roof shall not be subject to approval by the Division of Construction Management within the Department of Finance; provided, that the estimated cost of the project after design completion is certified by a licensed architect or licensed engineer to be no more than seven hundred fifty thousand dollars ($750,000).

b.1. For any project exempt from approval pursuant to paragraph a., the governing body of the K-12 school or four-year public institution of higher education shall submit documents to the Division of Construction Management for the sole purpose of review and inspection for compliance with the Americans with Disabilities Act, 42 U.S.C. § 12112 et seq., and rules and regulations adopted thereunder, for fire safety and life safety compliance, and for issuance of written recommendations to the school or institution at no cost to the school or institution or the governing body for the school or institution.

2. The Division of Construction Management shall issue its written recommendations no later than 30 days following receipt of documentation pursuant to subparagraph 1. If the division is unable to issue recommendations within the 30-day period following receipt of documentation, the division, prior to the expiration of the 30-day period, shall issue to the party that submitted the documentation a written notice explaining the reasons for the delay, and shall issue the recommendations no later than 45 days following the original receipt of documentation pursuant to subparagraph 1.

3. Recommendations issued by the division pursuant to this paragraph shall be maintained by the division as public writings for purposes of Article 3 of Chapter 12 of Title 36.

c. The Division of Construction Management, in consultation with the State Department of Education, shall develop and distribute forms relating to projects subject to this subdivision for use by local boards of education. The division shall ensure that the use of these forms alone does not require use of Division of Construction Management services for projects subject to this subdivision, except for the issuance of recommendations pursuant to paragraph b.

d. For purposes of this subdivision, “fire safety and life safety compliance” means compliance with those provisions of the uniform minimum building standards code adopted by the Division of Construction Management pursuant to law that relate to risk of electrical or fire hazards, risk of injury, or illness.

(2) Any repair or maintenance project with an estimated cost certified by a licensed architect or licensed engineer to be no more than seven hundred fifty thousand dollars ($750,000); any repair or maintenance of heating, ventilation, and air conditioning systems; and any roofing repair or maintenance shall not be subject to approval by the governing board of an educational institution or state educational institution.

(c) All powers, authority, and jurisdiction of the Division of Construction Management or the former Building Commission relating to any educational institution or state educational institution, including, but not limited to, those authorities currently established in Sections 16-1-2.2, 16-16-10(o)(2) and (p), 39-2-2(f)(1), 41-9-243, and 41-16-72(3)a. through f., which were previously transferred to the Division of Construction Management within the Department of Finance, are transferred to the governing board of that institution; provided, that the Division of Construction Management shall retain its authority to adopt uniform minimum building standards code for the construction and renovation of facilities at any educational institution or state educational institution.
Ala. Code § 16-39-31 — Alabama Code / Title 16 / Chapter 39 / Section 16-39-31
Section 16-39-31 Definitions
Status: in_force

For the purposes of this article, the following words, terms and phrases shall have the following interpretations:

(1) SPECIAL EDUCATIONAL SERVICES. Services relating to instruction of exceptional children with disabilities.

(2) EXCEPTIONAL CHILDREN. Those children and youth with disabilities determined eligible for special education and related services under existing federal and state laws, rules, regulations and policies governing special education.

(3) CATASTROPHIC. Those cases where special education and related services which are required for a particular child are unduly expensive, extraordinary and/or beyond the routine and reasonable special education and related services provided by the local education agency.

(4) LOCAL EDUCATION AGENCY. A county or city school district in the State of Alabama.
Ala. Code § 16-9-13 — Alabama Code / Title 16 / Chapter 9 / Section 16-9-13
Section 16-9-13 Powers and Duties as Executive Officer of Board
Status: in_force

The county superintendent of education, as the executive officer of the county board of education, shall see that the laws relating to the schools, the rules and regulations of the state and county boards of education are carried into effect. The county superintendent of education shall have authority to administer oaths and to examine witnesses, under oath, in any part of the county on any matter pertaining to the public schools of the county, and to cause the examination to be reduced to writing.
Ala. Code § 16-44A-52 — Alabama Code / Title 16 / Chapter 44A / Section 16-44A-52
Section 16-44A-52 Purpose
Status: in_force

The Alabama Veterans Living Legacy shall fulfill four vital public purposes, namely:

(1) Publicly to remember, respect, thank, and honor United States veterans, living and dead, and active members of the Armed Forces, especially those with ties to Alabama, and prominently to present their individual and collective names, biographical sketches, stories, and photographs, thereby inspiring youth and general visitors to a lasting appreciation of their faithful service and heroic sacrifices for our nation and the cause of liberty.

(2) To teach students and youth the vital lessons of liberty which our veterans have served, as an essential foundation for good citizenship which upholds the freedom and system of self-government secured by our veterans.

(3) To receive, welcome, orient, and engage local, regional, and national visitors to the Alabama Veterans Living Legacy, National Veterans Shrine and Interpretive Gateway at the American Village and adjoining National Veterans Cemetery.

(4) To provide a separate and distinct means to extend condolences and hospitality to those surviving family members bereaved by the loss of a veteran.
Ala. Code § 16-5-7 — Alabama Code / Title 16 / Chapter 5 / Section 16-5-7
Section 16-5-7 State University and College Electronic Faculty and Student Unit Record System; Definitions; State Coordinating Agency; Advisory Committee; Database Reports; Failure to Comply with Requirements
Status: in_force

(a) For the purposes of this section, the following words shall have the following meanings:

(1) BIOGRAPHICAL AND DEMOGRAPHIC DATA ELEMENTS. Include, but are not limited to, student identification number which shall not be the Social Security number, sex code, race and ethnic identification code, birth date, country of citizenship, state of geographic origin on entry, matriculation date, and college graduation date.

(2) CURRENT EDUCATIONAL ACTIVITY DATA ELEMENTS. Include, but are not limited to, student level, major area code, credit hours enrolled, cumulative credit hours attempted, cumulative credit hours earned, cumulative grade point average (GPA), state of current legal residence, residency status, cumulative quality points, veterans’ benefits status, housing status, minor/teaching field code, and financial aid status.

(3) DATA ELEMENTS. Include, but are not limited to, biographical and demographic data, previous educational experience data, and current educational activity data.

(4) PREVIOUS EDUCATIONAL EXPERIENCE DATA ELEMENTS. Include, but are not limited to, high school graduation date, high school code, high school average, American College Test (ACT) scores, Scholastic Aptitude Test (SAT) scores, transfer college, transfer hours earned at the undergraduate level, transfer grade point average at the undergraduate level, and admission status.

(5) RESIDENT/NONRESIDENT STUDENT. In determining resident or nonresident classification, the primary issue is one of intent. If a person is in Alabama primarily for the purpose of obtaining an education, that person shall be considered a nonresident student.

(6) STUDENT UNIT RECORD. Specific items of information pertaining to individual students enrolled at a public two-year or four-year institution of higher education.

(7) ELECTRONIC STUDENT UNIT RECORD DATA SYSTEM. The collective student unit records of all public two-year and four-year institutions of higher education.

(b) The commission, after affording a full opportunity to two-year and four-year public institutions of higher education and the public to be heard, shall design and establish a state university and college electronic student unit record system to provide comprehensive, meaningful, and timely information pertinent to the formulation of decisions and recommendations by the commission. The information submitted by the public institutions of higher education shall be in comparable terms that meet the specific format for the student unit records as established by the Executive Director of the Alabama Commission on Higher Education in complete and full consultation with the Chancellor of the Postsecondary Department of Education, and the Chairman of the Council of College and University Presidents. The reports developed through the system shall conform to the procedures established by the commission. The data elements of a student record shall include, but not be limited to, the following:

(1) Biographical and demographic data elements.

(2) Previous educational experience data elements.

(3) Current educational activity data elements.

(4) Residency status and whether the student pays tuition as a resident or a nonresident student.

(c) The commission shall be the state coordinating agency for all data collection requirements of the federal government which require state level coordination and relate to postsecondary education. The commission shall make every effort to minimize the reporting burden on the institutions by using the existing reports of the federal government.

(d) The commission shall establish an advisory committee comprised of, but not limited to, representatives of the public institutions of higher education and the State Board of Education to assure that the expertise and concerns of the institutions relative to this section, both individually and collectively, shall be provided to the commission.

(e) The database shall be configured to possess the capabilities to include:

(1) Reports to individual high school officials and the State Board of Education using information captured by the student unit record data base concerning the progress made by their respective graduates within the public institutions of higher education in Alabama. Using data captured through the system, the commission shall generate reports to assist legislators, the Governor and educators in informed decision making on education issues.

(2) Reports on student retention and graduation rates.

(3) Reports on student transfers across sectors, institutions, and within institutions.

(4) Reports on the status of out-of-state students.

(f) The information provided by each institution to the commission pursuant to subsections (a) to (g), inclusive, shall be subject to audit by the commission or by the Department of Examiners of Public Accounts.

(g) The commission shall immediately report to the Legislature the failure of any public institution of higher education to comply with the requirements of subsections (a) to (g), inclusive, by means of written notice delivered to the Lieutenant Governor, the Speaker of the House, the Chair of the Senate Committee on Finance and Taxation-Education and the Chair of the House Committee on Ways and Means.

(h) The format used to collect student data shall be developed by the Executive Director of the Alabama Commission on Higher Education in complete and full consultation with the Chancellor of the Postsecondary Department of Education, and the Chairman of the Council of College and University Presidents.

(i)(1) The commission, after affording a full opportunity to the two-year and four-year public institutions of higher education and the public to be heard, shall design and establish a state university and college information system, to include an electronic faculty unit record system, in order to provide comprehensive, meaningful, and timely information pertinent to the formulation of decisions and recommendations by the commission and the Legislature. The information, including the data components required by the electronic faculty unit record system, submitted by the public institutions of higher education shall be in comparable terms and shall meet the specific requirements as established by the commission and the reports developed through the system shall conform to the procedures established by the commission.

(2) In order to promote accountability, the commission shall establish a uniform electronic faculty unit record system for the purpose of obtaining information on faculty work loads at two-year and four-year public institutions of higher education in the state. Each two-year and four-year public institution in the state shall report annually to the commission its individual faculty work loads. The commission shall then forward a summary of this information to the Governor and the Legislature and the Chair of the Council of College and University Presidents and the State Board of Education. Nothing in this subsection shall be construed to authorize or permit the commission to set standards or establish policies for public institutions of higher education concerning faculty and staff hiring, promotion, or retention. This authority shall rest solely with the governing board of the institution.
Ala. Code § 16-25-11.19 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-11.19
Section 16-25-11.19 Purchase of Credit for Prior Service with Federal Bureau of Mines
Status: in_force

(a) Any active, vested, and contributing member of the Teachers’ Retirement System may claim and purchase service credit in the system not to exceed 8 years for prior service as a full-time employee of the Federal Bureau of Mines. The certification of prior service claimed under this section shall conform to applicable administrative rules and procedures of the Teachers’ Retirement System. Members shall receive credit for the prior service when they remit to the system the contributions required by subsection (b). No member shall receive credit for any service that the member is already credited with in the system or any other public retirement plan, with the exception of the federal Social Security program.

(b) Any member who is eligible to purchase service credit pursuant to subsection (a) shall pay to the Secretary-Treasurer of the system, within one year from August 1, 2000, for the claimed service, the full actuarially determined cost for each year of claimed service as determined by the system’s actuary.
Ala. Code § 16-33A-4 — Alabama Code / Title 16 / Chapter 33A / Section 16-33A-4
Section 16-33A-4 Program Administration
Status: in_force

The Alabama Student Grant Program created under this chapter shall be administered by the Alabama Commission on Higher Education. The Executive Director of the ACHE shall have primary responsibility for the administration of the program, including appropriate staffing, in accordance with rules, regulations, policies and procedures to be promulgated by the ACHE.
Ala. Code § 16-25-19 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-19
Section 16-25-19 Administration
Status: in_force

(a) The general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this chapter are hereby vested in a board of trustees which shall be known as the Board of Control and shall be organized immediately after a majority of the trustees provided for in this section shall have qualified and taken the oath of office.

(b) The board shall consist of 15 trustees as follows:

(1) The State Superintendent of Education, ex officio.

(2) The State Treasurer, ex officio.

(3) The state Director of Finance, ex officio.

(4) Twelve elected members of the retirement system. Those 12 members shall consist of representatives elected from each of the following categories: two shall be retired members, one shall be a city or county superintendent, one shall be a principal, one shall be a member from an institution of postsecondary education that is part of the Alabama Community College System, two shall be members from a public four-year institution of higher education, three shall be teachers who are actively instructing students in grades K-12, and two shall be educational support personnel from a grade K-12 school. Each of the elected members shall be elected only by members from the same category of the retirement system. The 12 elected members shall be elected in a statewide election conducted by a third party entity that is not a participant of or affiliated with the Teachers’ Retirement System. All such elections shall be conducted in accordance with accepted principles of fair election practices. The third party entity shall be responsible for the distribution and collection of ballots and tallying election results. Other aspects of the election shall be handled pursuant to such rules and regulations as the Board of Control may adopt to assure that members will be eligible to vote for the applicable elected position as follows:

a. Teacher Place #1 for a term of three years beginning July 1, 1974.

b. Teacher Place #2 for a term of three years beginning July 1, 1974.

c. Teacher Place #3 for a term of two years beginning July 1, 1974.

d. Educational Support Personnel Place #1 for a term of three years beginning July 1, 1986.

e. Educational Support Personnel Place #2 for a term of two years beginning July 1, 1986.

f. Retired Place #1 for a term of three years beginning July 1, 1974.

g. Retired Place #2 for a term of three years beginning July 1, 1987.

h. Superintendents’ Place for a term of two years beginning July 1, 1976.

i. Principals’ Place for a term of three years beginning July 1, 1976.

j. Postsecondary Place for a term of three years beginning July 1, 2016, to be filled by the member elected from an institution of postsecondary education that is part of the Alabama Community College System.

k. Higher Education Place #1 for a term of three years beginning July 1, 2013, to be filled by a member elected from a public four-year institution of higher education.

l. Higher Education Place #2 for a term of three years beginning July 1, 2015, to be filled by a member elected from a public four-year institution of higher education. This higher education position shall replace the Educational Support Personnel Place #2 at the conclusion of the incumbent’s term June 30, 2015.

Thereafter each member according to place number shall be elected for three-year terms, according to such rules and regulations as the Board of Control shall adopt to govern such elections. The terms of these officers shall begin after they have qualified and taken the oath of office.

(c) The Board of Control of the Teachers’ Retirement System shall provide for annual elections to fill the position of any trustee whose term has expired.

(d) If a vacancy occurs in the office of a trustee, the vacancy shall be filled for the remainder of the unexpired term through appointment by the Governor.

(e) The trustees shall serve without compensation for their services as trustees, but they shall be reimbursed from the expense fund for all necessary expenses that they may incur through service on the Board of Control.

(f) Each trustee shall, within 10 days after his or her appointment or election, take an oath of office that, so far as it devolves upon the trustee, the trustee will diligently and honestly administer the affairs of the Board of Control and will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to the retirement system. Such oath shall be subscribed to by the member making it, certified by the officer before whom it is taken and immediately filed in the office of the Secretary of State.

(g) Each trustee shall be entitled to one vote in the Board of Control. Eight votes shall be necessary for a decision by the trustees at any meeting of the board. In case of a tied vote the decision shall fail.

(h) Subject to the limitations of this chapter, the Board of Control shall from time to time establish rules and regulations for the administration of the funds created by this chapter and for the transaction of its business.

(i) The Board of Control shall elect from its membership a chairman and by a majority vote of all the members shall elect a Secretary-Treasurer, who shall serve as chief executive officer of the retirement system. In addition thereto, the Board of Control may engage such actuarial and administrative officers and other special services as shall be deemed necessary to transact the business of the retirement system. The compensation and expenses of these actuarial and administrative officers and other special services shall be paid at such rates and in such amounts as the Board of Control shall approve. All other employees not in these categories of employment shall be employed under the provisions of the Merit System Act.

(j) The Board of Control shall keep in convenient form such data as shall be necessary for actuarial valuation of the various funds of the retirement system and for checking the experience of the system.

(k) The Board of Control shall keep a record of all its proceedings which shall be open to public inspection. It shall publish annually a report showing the fiscal transactions of the retirement system for the preceding school year, the amount of the accumulated cash and securities of the system and the last balance sheet showing the financial condition of the system by means of an actuarial valuation of the assets and liabilities of the retirement system.

(l) The Attorney General of the state shall be the legal adviser of the Board of Control.

(m) The Board of Control shall designate a medical board to be composed of three physicians not eligible to participate in the retirement system. If required, other physicians may be employed to report on special cases. The medical board shall arrange for and pass upon all medical examinations required under this chapter, shall investigate all essential statements and certificates by or on behalf of a member in connection with an application for disability retirement and shall report in writing to the Board of Control its conclusions and recommendations upon all matters referred to it.

(n) The Board of Control shall designate an actuary who shall be the technical adviser of the Board of Control on matters regarding the operation of the funds created by the provisions of this chapter and who shall perform such other duties as are required in connection therewith.

(o) Immediately after the establishment of the retirement system, the actuary shall make such investigation of the mortality, service and compensation experience of the members of the system as he shall recommend and the Board of Control shall authorize, and on the basis of such investigation he shall recommend for adoption by the Board of Control such tables and such rates as are required in subdivisions (1) and (2) of subsection (p) of this section. The Board of Control shall adopt tables and certify rates; and, as soon as practicable thereafter, the actuary shall make a valuation based on such tables and rates, of the assets and liabilities of the funds created by this chapter.

(p) In the year 1943, and at least once in each five-year period thereafter, the actuary shall make an actuarial investigation into the mortality, service, and compensation experience of the members and beneficiaries of the retirement system and shall make a valuation of the assets and liabilities of the funds of the system; and, taking into account the results of such investigation and valuation, the Board of Control shall:

(1) Adopt for the retirement system such mortality, service, and other tables as shall be deemed necessary; and

(2) Certify the rates of contributions payable by the state under the provisions of this chapter.

(q) On the basis of such tables as the Board of Control shall adopt, the actuary shall make an annual valuation of the assets and liabilities of the funds of the system created by this chapter.
Ala. Code § 16-2-5 — Alabama Code / Title 16 / Chapter 2 / Section 16-2-5
Section 16-2-5 Expenses of Department
Status: in_force

Any funds or appropriations which are available to the State Superintendent of Education, the State Board of Education or the Department of Education for use in operating, maintaining or providing for the expenses of the Department of Education shall be expended in accordance with an annual budget adopted by the State Board of Education upon recommendation of the State Superintendent of Education; provided, that the total amount of such budget shall not exceed the appropriations of funds available during that year. Such funds or appropriations shall be expended for the salaries and expenses of the executive, supervisory or clerical personnel and for other essential purposes, including compensation and expenses of the members of the State Board of Education in the discharge of their official duties as provided by law.
Ala. Code § 16-6H-18 — Alabama Code / Title 16 / Chapter 6H / Section 16-6H-18
Section 16-6H-18 Technical Assistance Provided to Local Education Agencies; Rulemaking Authority
Status: in_force

(a) The State Superintendent of Education, through the Office of Mathematics Improvement and other sections of the department, shall provide technical assistance to local education agencies in complying with this chapter.

(b) The State Board of Education may adopt rules as necessary to implement and enforce this chapter.
Ala. Code § 16-6E-6 — Alabama Code / Title 16 / Chapter 6E / Section 16-6E-6
Section 16-6E-6 Construction of Chapter
Status: in_force

This chapter shall be construed to do all of the following:

(1) Provide the State Superintendent of Education or the chief administrative officer with broad discretion and complete authority to make, direct, implement, and enforce decisions, actions, and measures which, in his or her judgment, are necessary and appropriate to the attainment of the objectives of educational intervention and to accord the fullest measure of deference to decisions and actions made by such officials in furtherance of intervention goals and objectives.

(2) Eliminate unnecessary delay in the implementation of measures designed to attain intervention goals and objectives.

(3) Protect vested and constitutionally based employment rights through appropriate procedural safeguards without impairing attainment of the goals and purposes of educational intervention or of this chapter.

(4) Be cumulative, supplemental, and complementary to other legislation that confers authority on the State Board of Education and the State Superintendent of Education to exercise control and supervision over the decision making and operational functions of city and county boards of education, and not to limit the scope, extent, or exercise of that authority.
Ala. Code § 16-25-11.18 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-11.18
Section 16-25-11.18 Purchase of Credit for Prior Service with United States Civil Service
Status: in_force

(a) Any active and contributing member of the Teachers’ Retirement System or the Employees’ Retirement System may elect to purchase prior service credit in the system for employment that the member had with the United States Civil Service at any military base of the United States or as a graduate teaching assistant or graduate research assistant at any public college or university in Alabama, if the employment service occurred prior to January 1, 1976, and if the member complies with the conditions prescribed in subsection (b).

(b) Any member eligible to claim and purchase the service credit pursuant to subsection (a) shall be awarded creditable service with the Teachers’ Retirement System or Employees’ Retirement System on the basis of one twelfth of a year for each month or portion of month of employment service only if the member pays into the retirement system or fund prior to the date of retirement of the member and prior to October 1, 2000, a sum equal to the full actuarially determined cost for each year, or portion thereof, of service credit, as determined by the system’s actuary.

(c) Proof of service and time of service shall be made by the member by affidavit with any supporting letter or other documentation submitted to the Teachers’ Retirement System or Employees’ Retirement System and, upon receipt thereof, the system shall promptly calculate the necessary contributions of the member and advise the member thereof. Upon timely payment by the member, the service credit shall be allowed the member.

(d) The provisions of this section shall terminate on October 1, 2000, and no person shall be eligible to utilize the options granted if not fully exercised and paid prior to such date.
Ala. Code § 16-6-3 — Alabama Code / Title 16 / Chapter 6 / Section 16-6-3
Section 16-6-3 Employees; Contracts for Services
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 16-4-12 — Alabama Code / Title 16 / Chapter 4 / Section 16-4-12
Section 16-4-12 Clerical and Professional Assistants
Status: in_force

The Department of Education shall be provided with such clerical and professional assistants as may be necessary for the proper conduct of its affairs.
Ala. Code § 16-61A-4 — Alabama Code / Title 16 / Chapter 61A / Section 16-61A-4
Section 16-61A-4 Restrictions Upon Expenditures
Status: reserved

Repealed by Act 2008-276, p. 434, §1, effective January 1, 2009.
Ala. Code § 16-65-9 — Alabama Code / Title 16 / Chapter 65 / Section 16-65-9
Section 16-65-9 Refunding Bonds
Status: in_force

Any bonds issued by the authority may from time to time be refunded by the issuance, by sale or exchange, of refunding bonds or obligations payable from the same or different sources for the purpose of paying all or any part of the principal of the bonds to be refunded, any redemption premium required to be paid as a condition to the redemption prior to maturity of any such bonds that are to be so redeemed in connection with such refunding, any accrued and unpaid interest on the bonds to be refunded, any interest to accrue on each revenue bond to be refunded to the date on which it is to be paid, whether at maturity or by redemption prior to maturity, and the expenses incurred in connection with the refunding; provided, that unless duly called for redemption pursuant to provisions contained therein, the holders of any such bonds then outstanding and proposed to be refunded shall not be compelled without their consent to surrender their outstanding bonds for such refunding. Any refunded bonds or obligations may be sold by the authority at public or private sale at such price or prices as may be determined by the board of directors to be most advantageous, or may be exchanged for the bonds to be refunded. Any such refunding bonds or obligations may be executed and delivered by the authority at any time and from time to time, shall be in such form and denominations and have such tenor and maturities, shall contain such provisions not inconsistent with the provisions of this chapter, and shall bear such rate or rates of interest, payable and evidenced in such manner, as may be provided by resolution of the board of directors. Any refunding bonds or obligations issued by the authority shall be issued and secured in accordance with the provisions of Section 16-65-6.
Ala. Code § 16-22-1 — Alabama Code / Title 16 / Chapter 22 / Section 16-22-1
Section 16-22-1 Police Officers at State Colleges and Universities or Institute for Deaf and Blind - Employment; Powers and Duties; Nonlethal Weaponry; Certification
Status: in_force

(a) The president or chief executive officer of any state college or university, the president or chief executive officer of the Alabama Institute for Deaf and Blind, and the presidents or chief executive officers of Talladega College, Concordia College, Samford University, Birmingham-Southern College, Miles College, Stillman College, Tuskegee University, Spring Hill College, Faulkner University, Selma University, Madison Academy, and Briarwood Presbyterian Church and its integrated auxiliary Briarwood Christian School may appoint and employ one or more suitable persons to act as police officers to keep off intruders and prevent trespass upon and damage to the property of the college or university or of the institute. These persons shall be charged with all the duties and invested with all the powers of police officers, including the power of arrest for unlawful acts committed on the property.

(b) Any person appointed to act as a police officer, pursuant to subsection (a), while on duty, shall carry and be trained in the proper use of a nonlethal weapon. For the purposes of this subsection, a nonlethal weapon is a weapon that is explicitly designed and primarily employed to immediately incapacitate the targeted person while minimizing fatalities and permanent injury. A nonlethal weapon is intended to have a reversible effect on the targeted person.

(c) A person appointed as a police officer pursuant to subsection (a) shall be certified through the Alabama Peace Officers’ Standards and Training Commission.

(d) This section is cumulative.
Ala. Code § 16-47-79 — Alabama Code / Title 16 / Chapter 47 / Section 16-47-79
Section 16-47-79 Agreements for Repayment of Loans
Status: in_force

(a) As a condition of approval by the board of a loan or loans under the Alabama Dental Service Program, each applicant shall enter into a written contract with the board, whereby the applicant shall agree to repay each annual loan received under the program by working, in full-time clinical practice as a licensed dentist in an area of critical need approved by the board, for five years. Each dentist repaying loans from the program by working in an area of critical need shall participate in the state Medicaid program.

(b) If the participant can demonstrate to the board’s satisfaction that at least 30 percent of the participant’s active patients were indigent or covered by Medicaid during the previous year, the participant shall receive an additional three months of service credit.

(c) Subject to approval by the board, a participant in the program may change the area of critical need where he or she will work to repay loans under the program, but in no case shall the participant work in full-time practice for less than four years in the new area of critical need.

(d)(1) An area of critical need shall be an area in Alabama with a rate above 49 percent under the most recent Dental Shortage Index. The board may also consider the percentage of practicing dentists in a geographic area that are over the age of 65 in determining an area of critical need.

(2) In no event shall a shortage area be considered an area of critical need unless it is determined to be a shortage area pursuant to the most recent Dental Shortage Index or is one of the top 40 percent of geographic areas most in need of a dentist as determined by the board.

(e) The board may allow a participant in the Alabama Dental Service Program to serve part time in an area of critical need that is one of the top eight percent of areas most in need of a dentist under the most recent Dental Shortage Index. The participant must spend an average of 20 hours a week on an annual basis practicing direct patient care in the designated county for a minimum of five years to qualify for full forgiveness of the loan.
Ala. Code § 16-6-2 — Alabama Code / Title 16 / Chapter 6 / Section 16-6-2
Section 16-6-2 Organization; Quorum; Majority Vote
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 16-51-4 — Alabama Code / Title 16 / Chapter 51 / Section 16-51-4
Section 16-51-4 Board of Trustees - Meetings
Status: in_force

(a) The Board of Trustees of the University of North Alabama shall hold its regular annual meeting each year at the university on the first Monday in June, unless the board shall, in regular session, determine to hold its meetings at some other time and place. The board may establish a schedule of meetings at such intervals as it deems appropriate and may amend the schedule at any duly called meeting. Special meetings of the board may be assembled by either one of the two methods outlined as follows:

(1) Special meetings of the board may be called by the Governor. In calling such special meetings the Governor shall mail a written notice to each trustee at least 10 days in advance of the date of such meetings.

(2) Upon the application in writing of any three members of the board, the Governor shall call a special meeting, naming the time and place thereof and causing notices to be issued in writing to the several members of the board. Such meetings shall not be held on a date less than 10 days subsequent to the notice from the Governor.

(b) An emergency meeting of the board may be called when circumstances exist that are deemed by the Governor or by the president pro tempore or by three members of the board to present a risk to personal health, safety, or property or to the operation of the university. The three board members must communicate their request for an emergency meeting to the Governor or to the president pro tempore by the most expedient means available to them. Notice of an emergency meeting should be given at least 72 hours prior to the time it is to commence unless the circumstances of the emergency are such that the meeting must convene sooner.

(c) Members of the Board of Trustees of the University of North Alabama may participate in a meeting of the board or any committee by means of telephone conference, video conference, or similar communications equipment by means of which all persons participating in the meeting may hear each other at the same time. Participation by such means shall constitute presence in person at a meeting for all purposes. However, a majority of a quorum of the members of the board of trustees, or, in the event of a meeting of only the executive committee, a majority of a quorum of the executive committee of the board of trustees must be physically present at the location noticed and called for the meeting in order to conduct any business or deliberation. Members of the board of trustees and any committees of the board of trustees may not utilize electronic communications except as in compliance with the Alabama Open Meetings Act. Except for emergency meetings, notice of board meetings shall be provided in accordance with the Alabama Open Meetings Act and telephone or video conference or similar communications equipment shall also allow members of the public the opportunity to simultaneously listen to or observe such meetings.
Ala. Code § 16-61-8 — Alabama Code / Title 16 / Chapter 61 / Section 16-61-8
Section 16-61-8 Selection Process for Individual to Fill Endowed Chair; Use of Endowment Proceeds
Status: in_force

(a) The president shall be responsible for the final approval of criteria to be used in the selection process for the individual to fill the endowed chair.

(b) The president of the university shall nominate individuals for consideration as candidates, or individuals may apply to the foundation for consideration as candidates. Candidates for the chairs may or may not be currently employed as faculty members of the granting university; however, a candidate not so employed must become employed as a faculty member by the granting university upon acceptance of the chair.

(c) The president of the university may establish a committee to process each application or nomination. Final selection of an individual shall follow the regular procedures established by the university.

(d) Upon the approval of the president, proceeds of the endowment may be used as salaries or a supplement for salaries for the holder of the chair and for those individuals directly associated with the holder of the chair’s scholarly work and for other expenses directly related to the chair’s scholarly work.
Ala. Code § 16-26-1 — Alabama Code / Title 16 / Chapter 26 / Section 16-26-1
Section 16-26-1 Administration of High School Affairs
Status: in_force

In the establishment and operation of high schools, matters relating to the minimum standards prescribed by the State Board of Education on the courses of study, organization, instruction, qualifications of principals and teachers, building and equipment and of sanitary conditions shall be administered through the professional assistants in the Department of Education, directed by the State Superintendent of Education. Manuals of instruction, bulletins setting out programs of study, rules and regulations and other matters relating to secondary education shall be printed from time to time by the State Board of Education. The requirements for accreditment of high schools and the list of approved institutions shall be submitted to and approved and printed by the State Board of Education on the recommendation of the State Superintendent of Education and supplied in sufficient quantities to meet the needs of high school principals, county and city superintendents and the institutions that have graduation from an accredited high school as a prerequisite for entrance.
Ala. Code § 16-25A-43 — Alabama Code / Title 16 / Chapter 25A / Section 16-25A-43
Section 16-25A-43 Establishment of Flexible Employee Benefit Plan; Long-Term Care Plan
Status: in_force

The board is authorized to establish a flexible employee benefit plan for employees in compliance with Section 125 and any other applicable sections of the Internal Revenue Code. The flexible employee benefit plan may provide for payments or salary reductions for qualified benefits in accordance with Section 125 of the Internal Revenue Code, which presently include health insurance premiums, group life insurance, disability insurance, supplemental health and accident insurance, dependent care expenses, and such other types of employee benefits permitted under Section 125 and any other applicable sections of the Internal Revenue Code. Furthermore, the board may establish a long-term care plan for employees.
Ala. Code § 16-5-73 — Alabama Code / Title 16 / Chapter 5 / Section 16-5-73
Section 16-5-73 Annual Collection and Compilation of Information
Status: in_force

The commission shall collect and compile all of the following information on an annual basis:

(1) The 50 most in-demand jobs in the state and their corresponding starting salaries and education level requirements.

(2) The average cost for all colleges and universities in the state.

(3) The average monthly student loan payment for individuals attending colleges and universities in the state, by institution.

(4) The average three-year student loan default rate for all colleges and universities in the state.

(5) The average total student loan debt for graduates of colleges and universities, for two-year, four-year, and graduate programs.

(6) The average four-year graduation rate for all universities in the state.

(7) The average graduation rate for all community colleges in the state.

(8) The completion rates for apprenticeship programs, high school credential programs, and career and technical education programs.

(9) The average salary one year after graduation by college or university major.

(10) The average salary one year after completion of an apprenticeship program, high school credential program, or career and technical education program.

(11) The base pay for newly enlisted service members.
Ala. Code § 16-40-41 — Alabama Code / Title 16 / Chapter 40 / Section 16-40-41
Section 16-40-41 State Seal of Biliteracy - Criteria
Status: in_force

The State Seal of Biliteracy certifies attainment of an intermediate level of proficiency by a graduating student in English and at least one other world language, and certifies that the graduate meets all of the following criteria:

(1) Completion of the graduation requirements of the high school.

(2) English language proficiency: The student shall demonstrate proficiency in the English language, through one of the following approaches, or as provided by any future equivalent national normed benchmark approved as part of the program:

a. ACT English: A score of 18 or higher.

b. ACT reading: A score of 20 or higher.

c. Advanced Placement Language Examination: A score of three or higher.

d. International Baccalaureate Examination: A score of five or higher.

e. Wida Access 2.0: For non-native English speakers, the student shall meet and maintain Alabama exit criteria in English proficiency.

f. American Council of Teachers of Foreign Language Assessment of Performance toward Proficiency in Languages: For non-native English speakers, an intermediate Mid-3 or higher score in English.

(3) World language proficiency: The student shall demonstrate proficiency in one or more languages other than English through one of the following approaches:

a. If the language other than English may be assessed by a standardized examination, students shall attain the minimum score on one of the following assessments:

1. The Advanced Placement Language Examination: A score of three or higher.

2. American Council of Teachers of Foreign Language Assessment of Performance toward Proficiency in Languages: An Intermediate Mid-3 or higher score in all four components.

3. International Baccalaureate Examination: A score of four or higher.

4. Common European Framework of Reference: A score of level B1 or higher.

5. Standards-based Measurement of Proficiency: A score of intermediate-mid level or higher.

6. American Council of Teachers of Foreign Language Oral Proficiency Interview Writing Proficiency Test: A score of intermediate-mid level.

7. American Council of Teachers of Foreign Language Latin Interpretive Reading Assessment: A score of intermediate-mid level three or higher.

8. Sign Language: Sign Language Proficiency Interview, American Sign Language Proficiency Interview, or Assessment of Performance toward Proficiency in Languages: A score of intermediate plus on the Sign Language Proficiency Interview, level three on the American Sign Language Proficiency Interview, or score of intermediate Mid-3.

b. If the language other than English is not able to be assessed by a standardized examination, one of the following criteria shall be met:

1. The school district shall certify to the State Superintendent of Education that a school district language examination meets the rigor at the intermediate-mid level of language proficiency according to the guidelines of the American Council of Teachers of Foreign Languages. To that end, the assessment of a language other than English shall assess listening, speaking, reading, and writing at a level of intermediate-mid proficiency or higher. The assessment should be similar to the American Council of Teachers of Foreign Languages Oral Proficiency Interview Writing Proficiency Test and should require collaboration with community members who are native speakers or near native speakers in that language. This assessment should be similar to the process used in other states for assessing proficiency in tribal languages.

2. Notwithstanding subparagraph 1., a student who seeks to qualify for the State Seal of Biliteracy through a language that is not characterized by listening, speaking, reading, and writing, or for which there is no written system, shall pass an assessment on the modalities that characterize communication in that language at the corresponding intermediate proficient level or higher.

c. If neither paragraph a. nor paragraph b. are able to be implemented, or if new language assessments become available, one of the following approaches may be followed:

1. The State Superintendent of Education may provide a listing of equivalent language assessments that school districts may use.

2. A school district may provide the State Superintendent of Education with a list of equivalent language assessments that the school district proposes to use in place of those listed in this section. The State Superintendent of Education may use lists received from school districts in developing a state list of equivalent language assessments.
Ala. Code § 16-1-8.1 — Alabama Code / Title 16 / Chapter 1 / Section 16-1-8.1
Section 16-1-8.1 Classroom Instructional Support
Status: in_force

(a) For purposes of this section, classroom instructional support means all elements of classroom instructional support as provided in the Foundation Program, with the exception of textbook funds, as specified in Sections 16-6B-10 and 16-13-231, including, but not limited to, library enhancement, student materials, professional development, technology, common purchases, and other classroom instructional support approved by the State Board of Education.

All funds allocated in the Foundation Program for library enhancement, student materials, technology, professional development, and common purchases shall be spent only for the purpose for which they were allocated. Library media specialists shall be consulted in budgeting all library enhancement funds.

(b) The procedures for ordering, and the regulations applying to, classroom instructional support shall be as follows:

(1) BUDGET COMMITTEE. Each school shall have a budget committee. The committee shall be comprised of five members consisting of four teachers and the school’s principal, or the principal’s designee. The teachers on the committee shall be elected annually by secret ballot by majority vote of the teachers voting at each school. The budget committee shall propose a budget for classroom instructional support, excluding student materials. The proposed budget shall be consistent with the latest plans for professional development and technology developed at the local school level by the principal and faculty and submitted by the local board of education to the State Superintendent of Education pursuant to Section 16-13-231(b)(1)e. The proposed budget shall outline common purchases and shall specify the common items which may be purchased. The proposed budget shall also specify the amount to be allotted for each teacher, if applicable. Any funds allocated by the Legislature for student materials shall be given directly to each teacher as specified in the allocation for use directly in his or her classroom as determined exclusively by the teacher. The committee shall elect a chairperson from among its membership. The committee shall also elect a secretary from its membership who shall be responsible for keeping minutes of the meetings of the budget committee and actions taken to approve the budget during the secret balloting process. The committee may form advisory subcommittees from teachers at the various grade or department levels, or both levels.

(2) APPROVAL BY TEACHERS. The proposed budget from the budget committee shall be submitted to the teachers at an annual meeting. Before any part of any proposed budget is implemented, the teachers at the school, through a majority vote of those voting, shall approve the proposed budget utilizing a secret balloting process. Teachers shall have at least two work days to review the proposed budget before a vote is taken. Any proposed budget which does not receive approval shall be returned to the budget committee for reformulation, taking into consideration the teachers’ recommendations offered at the school’s annual meeting at the beginning of the school year or at a spring meeting at the end of the scholastic year, or both. If the proposed budget is not approved, the budget committee shall submit another proposed budget for review and consideration by the teachers, and this procedure shall continue until such time as the teachers approve a budget utilizing the procedures of this section. A report on the budget which is approved by a majority vote of the teachers voting shall be transmitted to the local superintendent on uniform forms provided by the State Department of Education.

(3) DUTIES OF LOCAL SUPERINTENDENT. The local superintendent shall submit a notarized affidavit to the State Superintendent of Education. The affidavit shall certify that all funds allocated for classroom instructional support have been properly spent and that all legal requirements have been properly observed and implemented. On the affidavit, the superintendent shall certify the amount of monies expended at each school, delineating the amounts spent for collective purchases and the amounts received by the teachers at each school. The local superintendent shall take care to insure that each teacher employed is able to order and receive his or her allocation of classroom instructional support during each year as provided in this section.

(4) TIMELINESS. Any or all of the funds for classroom instructional support shall be made available to each teacher before December 1. The teacher may order, in whole or in part, his or her allocation anytime during the applicable fiscal year. It is the intent of the Legislature that teachers should have their full allocation of classroom instructional support as soon in the school year as possible in order to promote learning.

(5) PERMISSIBLE EXPENDITURES. Monies allocated for classroom instructional support may be spent for classroom instructional support purposes only, to be used either by classroom teachers or students in each teacher’s respective classes. It shall be permissible to expend these monies on instructional equipment and electrical equipment which is actually utilized with students in the teacher’s classroom. Funds provided per school for common purchases shall be expended according to the decisions of the local school budget committee.

All monies allocated and expended shall be consistent with the latest plans for professional development and technology developed at the local school level by the principal and the faculty and submitted by the local board of education to the State Superintendent of Education pursuant to Section 16-13-231(b)(1)e.

(6) COMPETITIVE BIDS AND VOUCHERS. Each local board of education may purchase classroom instructional support in bulk pursuant to the state competitive bid law. The board may also authorize each school or individual teachers to purchase materials and supplies, instructional equipment, and electrical equipment for classroom instruction by the voucher system, with no one item exceeding the sum of seven thousand five hundred dollars ($7,500). The local board shall establish and require proper accounting procedures and safeguards for purchases by the voucher system.

(7) POLICIES AND PROCEDURES. Policies and procedures shall be developed and implemented to insure that each teacher receives his or her full allocated amount for classroom instructional support in conjunction with the approved budget in a timely manner after each order is placed. Procedures and policies utilized and adopted to implement this section shall be established and determined prior to the beginning of the school year by each local board with recommendations from the organization representing the majority of employees as provided in Section 16-1-30.

(8) UNSPENT FUNDS. Any funds appropriated for classroom instructional support but not expended according to this section by the end of each fiscal year shall revert to the Education Trust Fund.

(9) PRORATION. In the event proration of the Education Trust Fund is declared by the Governor, each local school system shall nevertheless insure that at least 80 percent of its allocation per teacher for classroom instructional support shall be expended according to this section. No portion of a teacher’s classroom instructional support money shall be withheld until and unless the Governor officially declares proration of the Education Trust Fund.

(10) TRANSFER WITH TEACHER DISALLOWED. Classroom instructional support monies are to be expended on behalf of students at a specific school and are not transportable with the teacher if the teacher is transferred to another school.

(11) EXAMINERS OF PUBLIC ACCOUNTS. All expenditures for classroom instructional support and related documents by each county and city board of education shall be subject to audit by the Examiners of Public Accounts.

(12) COLLATERAL REFERENCES. References to “instructional supplies” contained in Section 16-6B-10 shall be understood to be the same as “student materials.”

(13) Any other provision of this section to the contrary notwithstanding, the budget committee of a school may propose the expenditure of up to one hundred dollars ($100) from the student materials allotment of the school to supplement the common purchases funding appropriated by the Legislature, subject to the approval of the teachers as provided in subdivision (2). When the first annual Education Budget Act after October 1, 2005, appropriates the minimum sum of two hundred dollars ($200) per Foundation Program unit for common purchases, this subdivision becomes inoperative and may not be utilized in subsequent fiscal years.
Ala. Code § 16-4-1 — Alabama Code / Title 16 / Chapter 4 / Section 16-4-1
Section 16-4-1 Appointment; Qualifications; Salary
Status: in_force

As the chief executive officer of the State Department of Education there shall be a State Superintendent of Education, who shall be appointed by the State Board of Education and shall serve at the pleasure of the State Board of Education; provided, however that the State Board of Education may enter into a contract with the State Superintendent of Education for his services for a period not to exceed four years.

The Superintendent of Education shall be a person of good moral character, with academic and professional education equivalent to graduation from a standard university or college, who is knowledgeable in school administration and has training and experience sufficient to qualify him to perform the duties of his office.

The salary of the State Superintendent of Education shall be such amount per annum as shall be set by the State Board of Education in an amount within the range now or hereafter established by law, to be paid in installments from the annual appropriation of the State Department of Education.
Ala. Code § 16-46B-6 — Alabama Code / Title 16 / Chapter 46B / Section 16-46B-6
Section 16-46B-6 Duties of Department
Status: in_force

Before June 30, 2020, the department shall create all of the following:

(1) A secondary computer science certification pathway for preservice teachers.

(2) An endorsement in computer science for all teachers who hold a valid Professional Educator Certificate and demonstrate sufficient content knowledge in the course material as determined by the department. Upon passing the Praxis, this certification does not have a two-year time and service requirement to begin teaching.

(3) A course-specific permit for teachers without a secondary computer science certification or endorsement, who hold a valid Professional Educator Certificate. The course-specific permit shall be issued upon the completion of a nationally recognized professional learning course that is linked to a recognized high quality middle school or high school computer science course or an approved preservice computer science pathway offered at an institution of higher education for a specific permitted course. The state computer science specialist shall maintain a vetted list of supported professional learning opportunities aligned to K-12 Computer Science Teachers Association (CSTA) standards and advanced placement computer science course and exam descriptions in computer science that are linked to recognized high quality computer science courses offered at the middle school and high school levels. The course-specific permits shall only be issued to teach a course on the vetted list by a teacher who has completed professional learning courses linked to the vetted list, as determined by the state computer science specialist.

(4) Career and technical education certificate options shall remain in place to provide business, industry, and other postsecondary noneducation certified graduates with the opportunity to teach computer science courses.
Ala. Code § 16-60-193 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-193
Section 16-60-193 Location of Schools; Order of Establishment; Expenditure of Appropriation; Trade School in Limestone County
Status: reserved

The State Board of Education, upon the recommendation of the State Superintendent of Education, shall designate the site for each of the trade schools and determine the order in which the schools shall be established. The board must devote the entire appropriation herein made for each fiscal year to the establishment of the school required to be established during that year; except that, of the appropriation for each year, $75,000.00 thereof shall be reserved as a fund for operating and maintaining such school. Each school shall be located in a different section of the state and so situated that every part of the state is within as close a radius as is reasonably possible to one of the schools of the Alabama School of Trades at Gadsden. No more than one trade school shall be located in a single congressional district; provided, that the trade school now located in Limestone County, Alabama and owned by the city board of education, Decatur, Alabama, shall, when its support by the federal government is terminated and the school has been conveyed to the State of Alabama, be considered an additional or fifth trade school under the operation of this article, and an additional sum of $75,000.00 per year is hereby appropriated from the Education Trust Fund for the maintenance of said school, the said yearly appropriation to commence upon the termination of federal government support of said school and the conveyance of the same by the city board of education, Decatur, Alabama to the State of Alabama.
Ala. Code § 16-25-11.8 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-11.8
Section 16-25-11.8 Purchase of Credit for Time on Leave from Service Without Pay Due to Adoption Requirements
Status: in_force

(a) Any provisions of Chapter 25 of this title, to the contrary notwithstanding, active and contributing members of the Teachers’ Retirement System may purchase service credit in the system not to exceed one year for any period of time that they were required to be on leave from service without pay to comply with any state adoption law or regulation requiring a prospective adopting parent to stay home from work until the adoption process was finalized. The Board of Control of the Teachers’ Retirement System shall adopt rules and regulations for the administration of this section including verification of the service that the member desires to purchase credit for in the system. The member shall receive credit for the service when he or she remits to the system the contributions required by subsection (b). Notwithstanding the foregoing language, no member of the Teachers’ Retirement System shall be eligible to receive credit for any service that the member is already credited with in the system or in any other public retirement plan, with the exception of the federal Social Security program.

(b) Any member who is eligible to purchase service credit in the Teachers’ Retirement System under subsection (a) shall pay to the Secretary-Treasurer of the system, within one year from October 1, 1993, for the claimed service, a sum equal to a percentage of his or her current annual earnable compensation or the average of his or her annual compensation for the two scholastic years immediately prior to the purchase, whichever is greater. The applicable percentage shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuations, for each year of service credit purchased.
Ala. Code § 16-8-26 — Alabama Code / Title 16 / Chapter 8 / Section 16-8-26
Section 16-8-26 Definitions; Personal Leave for Teachers During Time Schools Are in Session; Reimbursement for Unused Personal Leave
Status: in_force

(a) When used in this section, the following terms shall have the following meanings:

(1) BOARD. Any public city or county board of education; the Board of Trustees of the Alabama Institute for Deaf and Blind; the Alabama Youth Services Board in its capacity as the Board of Education for the Youth Services School District; the Board of Directors of the Alabama School of Fine Arts; the Board of Directors of the Alabama High School of Mathematics and Science; and, as applied to two-year postsecondary education institutions, the State Board of Education.

(2) SUPPORT PERSONNEL or SUPPORT EMPLOYEE. Maid, custodian, adult bus driver, lunchroom or cafeteria worker, secretary, clerk, clerical assistant, maintenance worker, or other non-certificated employee who works an average of at least 20 hours weekly, excluding those employees who are covered by the State Merit System and the employees at the Alabama Industries for the Blind.

(3) TEACHER. Any certificated employee in the public schools; and for postsecondary institutions, any instructor, professor, or any other position requiring at least a baccalaureate degree.

(b) Each board may grant up to five days of personal leave to each teacher and support employee annually noncumulative, during the time the schools are in session for teachers, and during the regularly scheduled work year for support personnel. The board shall enact written policies providing for the uniform administration of personal leave consistent with Section 16-1-30. The board shall determine whether personal leave is to be with part pay, full pay, or without pay. Any approved leave for which the state’s Foundation Program includes funding shall be with pay. Each board shall grant not less than two days of paid personal leave to its support personnel each scholastic year. Personal leave may, at the discretion of the teacher, be reimbursed to the teacher at the end of the school year at the same daily rate as is paid to substitute teachers for each day of personal leave not taken by the teacher. The number of unused personal leave days subject to reimbursement shall be limited to the number of personal leave days for which state or local funding is provided. No teacher, or support employee, as a condition to receive personal leave, shall be required to divulge his or her reasons for requesting such leave.

(c) The teacher or support employee may choose to convert personal leave days to sick leave days at the end of the school year. Only those unused or unreimbursed personal leave days which are funded by the state or the board shall be eligible for conversion to sick leave days.
Ala. Code § 16-13-1 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-1
Section 16-13-1 Fiscal Year
Status: in_force

The fiscal year of every board of education shall begin October 1 and end September 30.
Ala. Code § 16-13-99 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-99
Section 16-13-99 Place and Method of Payment
Status: in_force

All warrants issued hereunder may be made payable as to principal and interest at such banks within or without the State of Alabama as the issuing board of education may designate. The county or city superintendent of education and the custodian or treasurer of school funds, as the case may be, shall deposit sufficient funds in such bank designated by the issuing board, as the bank at which its warrants are payable to meet all maturing installments of principal of and interest on its warrants promptly as the same shall fall due. The amounts due on principal and interest of school warrants issued heretofore and hereunder shall be remitted by said banks at par, including any premium due on called warrants, and without the deduction of exchange, handling, or collection costs from the amount due the holders of said warrants. Each issuing board of education shall be authorized to compensate any paying agent bank in an amount deemed reasonable by the board of education for the services to be rendered and the expenses to be incurred by the paying agent bank.
Ala. Code § 16-47-95 — Alabama Code / Title 16 / Chapter 47 / Section 16-47-95
Section 16-47-95 Acquisition of Property for School of Medicine; Issuance of Bonds
Status: in_force

The Board of Trustees of the University of Alabama shall have full power and authority to acquire by purchase, lease or gift from any city, county or other public or private body, and to maintain, utilize and operate any personal or real property, whether in the form of hospitals, clinics or otherwise, deemed to be appropriate and necessary to the maintenance and operation of its school of medicine, and any such city, county or other public or private body shall have full power and authority to convey and transfer the said personal and real property accordingly on such terms as its governing body shall determine. The said board is further given the specific full power and authority to assume any and all legal obligations lying against the vendor, lessor or donor by virtue of ownership of property so acquired, and to assume any and all legal obligations lying against the property so acquired or against the net revenue derived from the operation thereof, and, if necessary, in acquiring or purchasing any hospital or hospitals mentioned in this section, said university is hereby authorized to issue its bonds in such an amount and in such denominations and maturing at any time it may determine; such bonds to be secured either by a pledge of the net revenue received from the operation of said hospital or hospitals, or by a mortgage on the hospital buildings as such, one or both. Any bonds assumed or issued by said board of trustees or said university pursuant to the provisions of this section shall not constitute a debt of this state, and the faith and credit of this state shall not be pledged as security for or in payment of said bonds.
Ala. Code § 16-24B-5 — Alabama Code / Title 16 / Chapter 24B / Section 16-24B-5
Section 16-24B-5 Appeals
Status: in_force

(a) All appeals of a final decision from the expedited evidentiary hearing shall lie with the Alabama Court of Civil Appeals. An appeal shall be filed within 14 days after the receipt of the final written decision of the circuit judge or the mediator. An appeal by either party shall be perfected by filing a written notice of appeal with the clerk of the Court of Civil Appeals within 14 days after the receipt of the final written decision of the circuit judge or the mediator by the party. Failure to file a timely notice of appeal shall render the decision of the circuit judge or the mediator final. Within 28 days after an appeal is filed, the chief executive officer shall transmit the record to the clerk. Failure of the chief executive officer to timely transmit a full and accurate record to the clerk shall result in a favorable decision being entered by the court for the contract principal.

(b) The decision of the circuit judge or the mediator shall be affirmed on appeal unless the Court of Civil Appeals finds the decision to be against the great weight of the evidence.

(c) The final written decision of a judge or mediator which is not appealed, or is affirmed on appeal, shall have the force and effect of a final judgment upon which execution may issue, or which may be enforced by other appropriate writ.
Ala. Code § 16-24-34 — Alabama Code / Title 16 / Chapter 24 / Section 16-24-34
Section 16-24-34 Compensation and Expenses of Members; Appropriations
Status: reserved

Repealed by Act 2004-566, p. 1330, §3, effective July 1, 2004.
Ala. Code § 16-26D-6 — Alabama Code / Title 16 / Chapter 26D / Section 16-26D-6
Section 16-26D-6 Schedules; Enrollment
Status: in_force

(a) The school, at the discretion of the board of trustees, shall operate on the same school year basis as all other public schools in the state. Full-time students shall be enrolled for the entire school year and may enroll in the summer program.

(b) A summer program may be offered for full-time students and for students who qualify to attend the school during that period.

(c) The school may also offer short courses, workshops, seminars, weekend instructional programs, and other innovative programs which may be used to offer instruction to students not enrolled as full-time students in the school.

(d) The school, at the discretion of the board of trustees, may provide extension courses and campuses on the campuses of other schools, colleges, and universities within the state.
Ala. Code § 16-38-8 — Alabama Code / Title 16 / Chapter 38 / Section 16-38-8
Section 16-38-8 Use of Funds
Status: in_force

(a) The moneys appropriated by the State of Alabama, the funds deposited with the Treasurer under the provisions of the federal act and any other funds accruing to the state for vocational rehabilitation training of disabled persons shall be used by the State Board of Education for the purposes set forth in this chapter, and the moneys appropriated and accruing shall be paid out upon requisition of the State Superintendent of Education upon the Comptroller, who shall draw his warrants upon the Treasurer for the amount for which requisition was made.

(b) All reimbursements received by the State Department of Education, Rehabilitation and Crippled Children Service for state funds expended on behalf of clients shall not revert to the State Treasury under the provisions of Section 41-4-93 but shall carry forward to the next fiscal year. All reimbursements described in this subsection are hereby appropriated and designated as continuing appropriations to the State Department of Education, Rehabilitation and Crippled Children Service to be expended on behalf of clients.
Ala. Code § 16-13B-11 — Alabama Code / Title 16 / Chapter 13B / Section 16-13B-11
Section 16-13B-11 Action to Enjoin Execution of Contract
Status: in_force

Any taxpayer of the area within the jurisdiction of the awarding authority and any bona fide unsuccessful bidder on a particular contract shall be empowered to bring a civil action in the appropriate court to enjoin execution of any contract entered into in violation of this chapter.
Ala. Code § 16-54-4 — Alabama Code / Title 16 / Chapter 54 / Section 16-54-4
Section 16-54-4 Degrees and Diplomas
Status: in_force

On the advice of the faculty, and with the approval of the trustees, the president may grant and confer diplomas, certificates or degrees (including honorary degrees) upon such students or persons as may be entitled thereto under the rules adopted by the trustees governing this subject.
Ala. Code § 16-37-6 — Alabama Code / Title 16 / Chapter 37 / Section 16-37-6
Section 16-37-6 Annual Report to Governor
Status: in_force

The State Board of Education in its annual report to the Governor shall set forth the condition of vocational education in the State of Alabama, a list of the schools to which federal and state aid has been given and a detailed statement of the expenditures of federal and the state funds provided for the purposes of this chapter.
Ala. Code § 16-61-5 — Alabama Code / Title 16 / Chapter 61 / Section 16-61-5
Section 16-61-5 Universities Entitled to Match Appropriated Funds; Basis for Applying for Unmatched Funds
Status: in_force

Each public state university named in Section 16-61-1 is entitled to match an equal share of the total moneys appropriated to the Alabama Eminent Scholars Trust Fund prior to September 30, 1987, or for two years after any subsequent appropriation made by the Legislature. Any funds hereby allocated to the Alabama Eminent Scholars Trust Fund, which remain unmatched by contributions, as outlined above, on September 30, 1987, shall be available for matching by any university foundation on the following basis: On September 30, 1987, any university foundation which has previously received a challenge grant may apply for any remaining funds and the Alabama Commission on Higher Education shall award matching challenge grants in equal amounts to the applying foundations upon certification of the availability of matching funds. The matching ratio for these grants shall be the same as outlined in Section 16-61-4. These funds and its matching amount may be used by a university foundation to increase its existing Eminent Scholars Fund or to establish an additional Eminent Scholars Fund.
Ala. Code § 16-13-180 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-180
Section 16-13-180 Petition for Election; Calling of Election
Status: in_force

Upon a petition signed by 200 or more qualified electors of any county to the county commission, said county commission shall order an election to be held at the time specified in said petition to determine whether or not a special tax shall be levied for public school purposes within said county; and, upon request of the county board of education to the county commission, said court shall order an election to be held at the time requested by the said board of education to determine whether or not a special tax shall be levied for public school purposes within any school tax district in the county under the control of such board; and, upon the request of any city board of education to the county commission, said court shall order an election to be held at the time requested by said board of education to determine whether or not a special tax shall be levied for public school purposes within said city.
Ala. Code § 16-44-3 — Alabama Code / Title 16 / Chapter 44 / Section 16-44-3
Section 16-44-3 Bylaws of Commission and Amendments Thereto to Be Filed with Secretary of State
Status: in_force

Pursuant to Article III, Paragraph I of the compact, the commission shall file a copy of its bylaws and any amendment thereto with the Secretary of State.
Ala. Code § 16-60-354 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-354
Section 16-60-354 Administration of Career-Technical Dual Enrollment Program; Allocation of Funds
Status: in_force

(a) The Department of Postsecondary Education shall be responsible for administering the Career-Technical Dual Enrollment Program, for promulgating rules necessary for the department to implement the provisions of this article, and for allocating or disbursing the funds made available by this article for qualifying educational expenses. However, the Department of Postsecondary Education may annually allocate up to two hundred thousand dollars ($200,000) of the funds received pursuant to this article for qualifying educational expenses for administrative costs directly associated with implementing the provisions of this article.

(b) The Department of Postsecondary Education shall work with business and industry partners, the Alabama Workforce Training Council, the Alabama Community College System, and the Regional Workforce Development Councils to ensure that the funds received pursuant to this article are allocated in a manner consistent with addressing the identified needs in each workforce region regarding the Career-Technical Dual Enrollment Program.

(c) Notwithstanding any other provision of this article, a taxpayer that makes a contribution toward qualifying educational expenses for the Career-Technical Dual Enrollment Program may direct that up to 80 percent of the taxpayer’s contribution be allocated by the Department of Postsecondary Education to specific career technical programs or courses at a particular Alabama Community College System institution. The remaining or otherwise undirected portion of any such contribution shall be allocated or disbursed by the Department of Postsecondary Education pursuant to the provisions of this article.

(d) Any portion of funds from contributions received pursuant to this article during a tax year and remaining unallocated at the end of that tax year may be used by the Department of Postsecondary Education in subsequent tax years for qualifying educational expenses.
Ala. Code § 16-13-181 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-181
Section 16-13-181 Request by Board of Education for Election
Status: in_force

Upon the written request of the county board of education or of the board of education of any city having a city board of education for a special election in any school tax district under the control of the respective board, the county commission shall call an election at the time and for the rural or city school tax districts as requested by the respective board of education and shall appoint three managers and one returning officer for each voting place in the school tax district or at such special voting places as may be designated for the special election by the judge of probate of the county who shall locate such voting places, upon the recommendation of the county board of education, and such special voting places shall be set out in the notices of the special election.
Ala. Code § 16-2-8 — Alabama Code / Title 16 / Chapter 2 / Section 16-2-8
Section 16-2-8 Department Authorized to Contract for Storage and Distribution of Federal Food Programs
Status: in_force

Notwithstanding any other provision of law, the Department of Education, acting through the Superintendent of Education, shall have the authority to enter into contracts of not greater than three years for the storage and distribution of United States Department of Agriculture commodities distributed through the Child Nutrition Food Program including regular food distribution and for storage only for the Temporary Emergency Food Assistance Program. All such contracts shall be let by free and open competitive bidding, or sealed bids, to the lowest responsible bidder.
Ala. Code § 16-13-162 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-162
Section 16-13-162 Election Officers; Conduct of Election
Status: in_force

(a) The inspectors and officers of the election shall be appointed and such elections shall be held and the result of said elections shall be declared in the same manner and by the same officers as is the result of the regular elections for county officers under the general laws of the state.

(b) The election provided for in this article may be had at the time of holding any regular election within the county; and, if held at any such time, the inspectors and officers of the general election shall conduct at the same time the election herein provided for; and for such services they shall receive no compensation other than that allowed them for the holding of the general election; but if such an election is had at any other time than that of holding a regular election within the county, then the election officers shall receive the same pay as that for holding a general election.
Ala. Code § 16-13-74 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-74
Section 16-13-74 Warrants Legal Investments for Fiduciaries
Status: in_force

Warrants issued pursuant to the provisions of this article shall be legal investments for executors, administrators, trustees and other fiduciaries.
Ala. Code § 16-30C-5 — Alabama Code / Title 16 / Chapter 30C / Section 16-30C-5
Section 16-30C-5 Liability of School Employees
Status: in_force

(a) A school employee shall be immune from civil liability or criminal liability as a result of his or her acts or omissions in the supervision or rendering of services, care, or assistance to a student pursuant to this chapter or for any act, failure to act, or in the provision or arrangement for further treatment, care, or assistance unless the school employee acts willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law.

(b)(1) This chapter does not create any supervisory authority between physicians creating seizure management and treatment plans and the school’s execution of those plans. A physician shall not be subject to criminal or civil liability for the acts or omissions of school employees and officials in carrying out a seizure management and treatment plan, and shall also not be subject to vicarious liability.

(2) Nothing in this chapter shall be construed to establish a standard of care for physicians or otherwise modify, amend, or supersede any provision of the Alabama Medical Liability Act of 1987, the Alabama Medical Liability Act of 1996, or any amendment or judicial interpretation thereof.
Ala. Code § 16-33D-7 — Alabama Code / Title 16 / Chapter 33D / Section 16-33D-7
Section 16-33D-7 Annual Report
Status: in_force

(a) The commission shall provide an annual report to the Chair of the House Ways and Means Education Committee and the Chair of the Senate Finance and Taxation Education Committee to account for the use of funds and the effectiveness of the grant program established under this chapter.

(b) The commission shall consult with the Alabama Commission on the Evaluation of Services to develop performance metrics and other measures of success to include in the annual report required pursuant to subsection (a). During the 2027 Fiscal Year, the program shall undergo an evaluation by the Alabama Commission on the Evaluation of Services to determine whether the program is impacting the determined measures of success.
Ala. Code § 16-13-11 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-11
Section 16-13-11 Custodian of School Funds - Vouchers Required
Status: reserved

Repealed by Act 2006-196, p. 275, §5, effective June 1, 2006.
Ala. Code § 16-22-18 — Alabama Code / Title 16 / Chapter 22 / Section 16-22-18
Section 16-22-18 Annual Stipend or Supplement for Certified Counselors
Status: in_force

(a) Public elementary and secondary school counselors who were certified as nationally certified school counselors by the National Board for Certified Counselors prior to January 1, 2003, shall receive the same annual stipend or supplement as is provided for public school counselors who have received certification from the National Board for Professional Teaching Standards. The annual budget act for public education shall contain an appropriation of at least five thousand dollars ($5,000) for each qualified public school counselor certified by the National Board for Certified Counselors. Nothing in this section shall imply or be interpreted as a right to additional compensation for any prior school year.

(b) Effective in 2013, upon certificate renewal, all public elementary and secondary school counselors meeting the qualifying criteria as set forth in this section shall obtain school counseling certification by the NBPTS or forfeit their annual stipend.
Ala. Code § 16-13A-1 — Alabama Code / Title 16 / Chapter 13A / Section 16-13A-1
Section 16-13A-1 Fiscal Management Policies
Status: in_force

A local board of education, to ensure the sound fiscal management of board finances, upon the recommendation of the local superintendent of education, shall adopt fiscal management policies which comply with generally accepted accounting principles, including, but not limited to, policies related to each of the following:

(1) Regular reconciliation of bank statements.

(2) Maintenance of fixed assets inventory.

(3) Deposit of incoming funds.

(4) Review of monthly revenues and expenditures.
Ala. Code § 16-44C-12 — Alabama Code / Title 16 / Chapter 44C / Section 16-44C-12
Section 16-44C-12 Construction and Severability
Status: in_force

This compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or a state seeking membership in the compact, or of the United states or the applicability thereof to any other government, agency, individual, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, individual, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
Ala. Code § 16-65A-5 — Alabama Code / Title 16 / Chapter 65A / Section 16-65A-5
Section 16-65A-5 Recovery of Amounts Due
Status: reserved

REPEALED BY ACT 2024-444, EFFECTIVE MAY 17, 2024.
Ala. Code § 16-48-6 — Alabama Code / Title 16 / Chapter 48 / Section 16-48-6
Section 16-48-6 Vacancy in Office of Trustee
Status: in_force

Any vacancy in the office of trustee, occurring during the recess of the Legislature, shall be filled by appointment of the Governor, such appointee to hold office until the next session of the Legislature thereafter; such vacancy shall be filled by the Governor, by and with the consent of the Senate; and any trustee appointed to fill a vacancy by the Governor, by and with the consent of the Senate, shall hold during the unexpired term.
Ala. Code § 16-60-91 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-91
Section 16-60-91 Execution, Form, Terms, Sale, Etc., of Bonds; Use of Proceeds; Security; Bonds Legal Investments
Status: in_force

The bonds of the authority shall be signed by its president and attested by its secretary and the seal of the authority shall be affixed thereto, and any interest coupons applicable to such bonds shall be signed by the president; provided, that a facsimile of the signature of one, but not both, of said officers may be printed or otherwise reproduced on any such bonds in lieu of his signing the same, a facsimile of the seal of the authority may be printed or otherwise reproduced on any such bonds in lieu of being manually affixed thereto and a facsimile of the president’s signature may be printed or otherwise reproduced on any such interest coupons in lieu of his signing the same. Any bonds of the authority may be executed and delivered by it at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall bear such rate or rates of interest, shall be payable at such times and evidenced in such manner, may contain provisions for redemption prior to maturity and may contain other provisions not inconsistent herewith, all as may be provided by the resolution of the board of directors whereunder such bonds are authorized to be issued; provided, that no bond of the authority shall have a specified maturity date later than 30 years after its date. All bonds of the authority having specified maturity dates more than 10 years after their date shall be made subject to redemption at the option of the authority not later than the end of the tenth year after their date, and on any interest payment date thereafter, under such terms and conditions as may be provided in the resolution or resolutions under which such bonds are authorized to be issued. Bonds of the authority may be sold from time to time as the board of directors may consider advantageous, but bonds of the authority must be sold only at public sale, either on sealed bids or at public auction, to the bidder whose bid reflects the lowest net interest cost to the authority for the bonds being sold, computed from their date to their respective maturities; provided, that if no bid acceptable to the authority is received, it may reject all bids. Notice of each such sale shall be given by publication in either a financial journal or a financial newspaper published in the City of New York, New York, and also by publication in a newspaper customarily published in the State of Alabama not less than five days during each calendar week, each of which notices must be published one time not less than 10 days before the date fixed for the sale. The board of directors may fix the terms and conditions under which such sale may be held; provided, that none of the bonds may be sold for a price less than the face value thereof; and provided further, that such terms and conditions shall not conflict with any of the requirements of this article. Approval by the Governor of Alabama of the terms and conditions under which any bonds of the authority may be issued shall be requisite to their validity. Such approval shall be entered on the minutes of the meetings of the board of directors at which the bonds are authorized and shall be signed by the Governor. Such approval by the Governor may be shown on any such bond by a facsimile of his signature printed or otherwise reproduced thereon, when authorization of such facsimile is contained in the said approval signed by him. The authority may pay out of the proceeds of the sale of its bonds all expenses, including fees of agents and attorneys, which the said board of directors may deem necessary or advantageous in connection with the issuance of such bonds. Bonds issued by the authority shall not be general obligations of the authority but shall be payable solely out of the funds appropriated and pledged therefor in Section 16-60-94. As security for the payment of the principal of and interest on the bonds issued by it, the authority is hereby authorized and empowered to pledge for payment of such principal and interest the funds that are appropriated and pledged in Section 16-60-94 for payment of such principal and interest. All such pledges made by the authority shall take precedence in the order of the adoption of the resolutions containing such pledges; provided, that any pledge for the benefit of refunding bonds that may be issued in compliance with the provisions of the fourth sentence of Section 16-60-92 shall have the same priority as the pledge for the benefit of the bonds refunded thereby. Contracts made and bonds issued by the authority shall be solely and exclusively obligations of the authority and shall not constitute or create an obligation or debt of the State of Alabama. Bonds issued by the authority shall be deemed to be negotiable instruments although payable solely from a specified source, as provided herein. All bonds issued by the authority and the income therefrom shall be exempt from all taxation in the State of Alabama. Any bonds issued by the authority may be used by the holder thereof as security for any funds belonging to the state, or to any instrumentality or agency of the state, in any instance where security for such deposits may be required by law. Unless otherwise directed by the court having jurisdiction thereof, or the document that is the source of authority, a trustee, executor, administrator, guardian or one acting in any other fiduciary capacity may, in addition to any other investment powers conferred by law and with the exercise of reasonable business prudence, invest fiduciary or trust funds in bonds of the authority. Neither a public hearing nor consent of the state Department of Finance or any other department or agency shall be prerequisite to the issuance of bonds by the authority.
Ala. Code § 16-46-9 — Alabama Code / Title 16 / Chapter 46 / Section 16-46-9
Section 16-46-9 Review by State Board of Education; Review by Circuit Court of Montgomery County
Status: in_force

Any person or school or private postsecondary institution aggrieved by the actions of the Department of Postsecondary Education with respect to exemption, issuance, denial, deferral, probation, suspension, or revocation of a license or permit provided for in Sections 16-46-3, 16-46-5, and 16-46-6, may file within 30 days a petition for review by the State Board of Education. The aggrieved person, school, or institution shall then be entitled to a hearing before the State Board of Education. The person, school, or institution may be represented by counsel at the hearing. The aggrieved person, school, or institution may adduce evidence, both oral and documentary, at such hearing and on official record if such hearing shall be transcribed by a qualified court reporter. After the State Board of Education acts on the petition for review, any person, school, or institution aggrieved by the State Board of Education’s actions, within 30 days after receiving notice of any such action, may have such action reviewed by a writ of certiorari by filing in the Circuit Court of Montgomery County, Alabama, a verified petition setting out the specific action or actions of the State Board of Education by which the person, school, or institution is aggrieved. The court shall consider only such matters as are contained in the petition. Upon such petition being filed, a writ of certiorari shall be issued out of the court directly to the State Board of Education requiring it to file with the court the records and transcript of testimony upon which such action or order was made and requiring the board to file an answer to the petition within 30 days of service of the writ. Upon the board filing such answer, the issue shall be joined thereon without further pleading and the case considered on the petition, the records of the board, and the answer filed by the board, but no new or additional evidence shall be taken or heard by the court. If new or additional evidence is discovered by any party, after the hearing of the State Board of Education, the evidence may be made grounds for a motion for a new hearing before the State Board of Education under the rules applicable to similar laws for a new trial in the state courts of Alabama. Such court may suspend or stay such actions of the State Board of Education complained of in such petition, pending final hearing, only upon the petitioner executing a bond in such amount as the court deems reasonably sufficient to pay all costs of appeal if the petition is not sustained. In no case shall the bond be less than the reasonable cost of the transcript of the hearing before the State Board of Education that is being appealed. Upon final hearing, the court shall have jurisdiction to reverse, vacate, or modify the action complained of if, upon the consideration of the issues before the court, the court is of the opinion that the action is unlawful.
Ala. Code § 16-13-143 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-143
Section 16-13-143 When Budget Official; Approval of Funds for Teachers’ Salaries; Changes in Budget; Approval Prerequisite to Receipt of Funds
Status: in_force

(a) A budget shall become official and shall be followed in the matter relating to the financial operation of the schools of any school system when it has been prepared by the superintendent of education and approved by the county or city board of education, as the case may be, in accordance with the conditions prescribed above, and when a copy has been filed with and approved by the State Superintendent of Education.

(b) The State Superintendent of Education shall not approve the expenditure of public funds for the salaries of teachers unless said teachers hold valid teaching certificates and have been nominated in writing by the county or city superintendent of education and appointed by the county or city board of education, as the case may be.

(c) A county or city superintendent of education with the approval of his board shall have authority during the fiscal year to make such changes within the budget as are deemed desirable; provided, that schools are operated for the state minimum term according to rules and regulations of the State Board of Education; and provided, that a deficit is not incurred by such change or changes.

(d) No school board shall be entitled to receive any school funds apportioned by the State Board of Education for any fiscal year until that school board has filed a budget for that fiscal year with the State Superintendent of Education, which budget has been approved in accordance with the provisions of this article.
Ala. Code § 16-61A-7 — Alabama Code / Title 16 / Chapter 61A / Section 16-61A-7
Section 16-61A-7 Conformity to Standards for Fiduciary Investment
Status: reserved

Repealed by Act 2008-276, p. 434, §1, effective January 1, 2009.
Ala. Code § 16-20-1 — Alabama Code / Title 16 / Chapter 20 / Section 16-20-1
Section 16-20-1 “School Lands” Defined
Status: in_force

“School lands,” within the meaning of this chapter, are sections numbered 16, in every township, granted by the United States for the use of schools in the township, and such other lands as may have been granted to any township or district for the use of schools; and all such lands are vested in the state in trust to execute the objects of the grant.
Ala. Code § 16-46C-2 — Alabama Code / Title 16 / Chapter 46C / Section 16-46C-2
Section 16-46C-2 Legislative Findings
Status: in_force

The Legislature finds and declares all of the following:

(1) Students attending schools in this state would benefit from experiencing extended learning opportunities outside of the traditional classroom.

(2) Students are capable of learning both inside and outside of the traditional classroom.

(3) Students should earn credit for approved extended learning opportunities that facilitate their mastery of required skills or fulfilling state standards.
Ala. Code § 16-60-198 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-198
Section 16-60-198 Alabama Institute of Aviation Technology at Ozark to Be Operated as Additional Vocational Trade School
Status: in_force

Upon the transfer and conveyance of the Alabama Institute of Aviation Technology at Ozark to the State of Alabama by the Ozark City Board of Education, the State Board of Education is hereby authorized, directed and required to provide for the operation and maintenance of said Alabama Institute of Aviation Technology as an additional vocational trade school in accordance with the provisions of this article.

The State Board of Education may make such contracts, agreements, rules and regulations as may be necessary for carrying out the provisions of this section. After the establishment of the trade school herein provided for, the State Board of Education or any other state authority may expend for the operation, maintenance and capital improvements at such institution any funds which are made available to the board or other authority for the operation, maintenance and capital improvements at trade schools in this state.
Ala. Code § 16-63-6 — Alabama Code / Title 16 / Chapter 63 / Section 16-63-6
Section 16-63-6 Duties of Community Schools Coordinators
Status: in_force

Every participating local board of education shall employ one or more community schools coordinators and shall establish the terms and conditions of their employment. Community schools coordinators shall be responsible for:

(1) Providing support to the community schools advisory committees and public school officials.

(2) Fostering cooperation between the local board of education and appropriate community agencies.

(3) Encouraging maximum use of community volunteers in the public schools.

(4) Performing such other duties as may be assigned by the local superintendents and the local board of education, consistent with the purposes of this chapter.
Ala. Code § 16-6E-4 — Alabama Code / Title 16 / Chapter 6E / Section 16-6E-4
Section 16-6E-4 Intervention in Local Education Operations and Assumption of Control by State Board of Education
Status: in_force

The State Board of Education may intervene in the educational operations of a city or county board of education and thereby assume general and direct control over all decision making and operational functions of the city or county board of education under and subject to the following terms and conditions:

(1) If the State Superintendent of Education determines that a majority of the schools in the system are priority schools, or the system is not in compliance with Chapter 13A of this title or the accreditation status of the system or a majority of the schools in the system has been placed on probation, or suspended, or revoked, or if any other formal disciplinary action has been ordered by the accrediting authority, the State Superintendent of Education shall issue a written notice to the local superintendent of education and the presiding officer of the city or county board of education to show cause why educational intervention should not be implemented. The notice shall specify the deficiencies within the operation of the city or county board of education, the steps that are required to be taken to correct the deficiencies, and a reasonable timetable for completing the corrective measures, which timetable may be extended by the State Superintendent of Education. The notice shall require that the recipient board provide a specific written response to the notice, which response shall be filed with the State Superintendent of Education not less than 21 calendar days after the date the notice was issued, unless the time for filing the response is extended by the State Superintendent of Education. In its response, the city or county board of education may offer reasons why intervention is not warranted or, in the alternative, a specific plan and timetable for correcting the deficiencies identified in the notice to show cause.

(2) If, based on the response of the city or county board of education to the notice to show cause or other relevant circumstances and considerations, the State Superintendent of Education determines that educational intervention is not warranted or should be deferred, the city or county board of education shall be notified of such determination.

(3) If, in light of the response of the city or county board of education, the State Superintendent of Education concludes that educational intervention is nonetheless warranted, but that the plan proposed by the city or county board of education for correcting the deficiencies set forth in the notice is acceptable, with or without such modifications as may be required by the State Superintendent of Education, the city or county board of education shall be notified of such determination. The plan, with any modifications thereto that may be required by the State Superintendent of Education, shall thereafter be implemented according to its terms.

(4) If the approved plan is not implemented or if the response to the notice to show cause does not include a plan that, in the judgment of the State Superintendent of Education, adequately addresses the deficiencies that prompted issuance of the notice, the State Superintendent of Education shall request in writing that the State Board of Education approve a resolution authorizing the State Superintendent of Education to intervene in the operations of the city or county board of education. The request of the State Superintendent of Education shall include a description of the conditions and circumstances supporting the request, a copy of the response of the city or county board of education to the notice to show cause why educational intervention should not be implemented, an explanation of why the response of the city or county board of education to the notice to show cause does not adequately address the deficiencies identified in the notice, and a proposed plan for correcting the deficiencies. The city or county board of education that is the subject of the request shall be notified thereof by the State Superintendent of Education and shall be provided with a copy of the request of the State Superintendent of Education and any material accompanying or submitted in support of the request. Before any vote of the State Board of Education on the request, the city or county board of education that is the subject of the request shall be afforded an opportunity to demonstrate in writing to the State Board of Education why such action is not warranted or should not be approved and to appear before the State Board of Education for such purpose prior to a vote being taken on the request for educational intervention.

(5) The State Board of Education shall authorize intervention under this chapter on the basis of the deficiencies and supporting data cited in support of the request for intervention authority of the State Superintendent of Education and upon a finding that the city or county board of education has demonstrated an unwillingness or inability to voluntarily comply with the standards provided in subdivision (1) and the requirements specified in the request of the State Superintendent of Education. The resolution by which educational intervention is authorized shall describe with reasonable specificity the criteria or conditions that are required to be satisfied by the city or county board of education in order to be released from intervention. If the State Board of Education approves a resolution authorizing educational intervention, the State Superintendent of Education may exercise plenary authority to make such decisions or take such actions as he or she reasonably deems necessary to correct the deficiencies that led to the request for approval of intervention or that may be discovered in the exercise of intervention authority. Educational intervention authority may be exercised directly by the State Superintendent of Education or indirectly through his or her designee acting as a chief administrative officer who shall be appointed by, report to, and serve in such capacity at the pleasure and under the supervision of the State Superintendent of Education. The chief administrative officer may act on behalf of the State Superintendent of Education for all purposes under this chapter. If the State Superintendent of Education appoints a chief administrative officer, that officer shall be designated by name in a resolution presented to the State Board of Education.

(6) While a city or county board of education is operating under educational intervention, the State Superintendent of Education or the chief administrative officer shall have the power and authority to act for and on behalf of the city or county board of education and its superintendent in all matters and for all purposes under the Code of Alabama 1975. No decision, action, or undertaking made or approved by the State Superintendent of Education or chief administrative officer shall require the separate recommendation, concurrence, or approval of any city or county board of education or any official thereof in order to be deemed final, valid, or enforceable. While under educational intervention, a city or county board of education, with the approval of the State Superintendent of Education or the chief administrative officer, may meet according to a schedule and agenda that are approved in advance by the State Superintendent of Education or the chief administrative officer and are subject to modification only at the direction or with the express approval of the State Superintendent of Education or the chief administrative officer. Otherwise, the city or county board of education shall meet only at the call of and for specific purposes approved by the State Superintendent of Education or the chief administrative officer. While under educational intervention, city and county boards of education and their officials and employees shall serve under the supervision and direction of the State Superintendent of Education or the chief administrative officer. The State Superintendent of Education or the chief administrative officer may delegate to the employees of the State Department of Education or city or county board of education officials or employees such administrative authority and responsibilities as they may deem necessary to ensure the timely, practical, and efficient execution of normal educational functions, and, at the expense of the city or county board of education, may engage and direct the activities of such consultants, specialists, or employees as they deem necessary to achieve the objectives of the intervention.

(7) Personnel actions that the State Superintendent of Education or the chief administrative officer deem necessary and appropriate to the attainment of intervention objectives may be implemented directly by such officials. Personnel actions taken pursuant to the intervention authority of the State Superintendent of Education must comply with Chapter 24C of this title, the Students First Act of 2011, if and to the extent that the Students First Act of 2011 would otherwise control, except that the State Superintendent of Education shall discharge the functions that would otherwise be executed by the local superintendent and board of education under the Students First Act of 2011. Intervention-related personnel actions shall also be described by the State Superintendent of Education or the chief administrative officer in a written report that shall include the specific personnel actions to be taken and an explanation of how such actions serve the attainment of one or more intervention objectives. At the direction of the State Superintendent of Education or the chief administrative officer, and as soon as practicable following its issuance, the report shall be entered into the minutes of the city or county board of education and the nature of individual personnel actions shall be suitably memorialized in the personnel files of affected employees and in databases or other records maintained for such purposes by the city or county board of education. No delay or irregularity in the transmittal or recordation of the foregoing report or related data shall invalidate or impair the timely implementation of intervention-related personnel actions as prescribed by the State Superintendent of Education or the chief administrative officer. Personnel actions that are deemed advisable or appropriate but that are not identified as related to the attainment of intervention objectives by the State Superintendent of Education or the chief administrative officer may be initiated and acted on by city or county board officials. Such actions shall be taken in accordance with Chapter 24C of this title, the Students First Act of 2011, or other generally applicable statutory requirements, policies, and procedures if the proposed actions would otherwise be subject to such statutes, policies, and procedures and if they are first authorized by the State Superintendent of Education or the chief administrative officer.

(8) The State Superintendent of Education shall report to the State Board of Education regarding the status of intervention in the affected city or county system periodically or at the request of the State Board of Education and, in any event, not less than once every six months.

(9) A city or county board of education may be released from educational intervention upon the adoption of a resolution by the State Board of Education authorizing such action. The resolution shall be considered by the State Board of Education upon the written recommendation of the State Superintendent of Education or upon presentation of a written petition requesting such action duly executed by at least two-thirds of the members of the city or county board of education that is operating under educational intervention. The petition shall set forth the grounds on which the petition is based and may include any evidence that may be relevant to consideration by the State Board of Education. Representatives of the city or county board of education may also be heard in connection with the petition, but no vote shall be taken on the petition by the State Board of Education without first soliciting the views of the State Superintendent of Education regarding the merits of the petition.
Ala. Code § 16-25-43 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-43
Section 16-25-43 Persons in the Employees’ Retirement System Whose Date of Retirement Is Prior to October 1, 1987 or Beneficiaries of Deceased Members or Retirees Entitled to Cost-of-Living Increases - Additional Adjustments
Status: in_force

(a) In addition to the foregoing amount an additional cost-of-living adjustment is provided effective October 1, 1989 as follows:

(1) One dollar per month for each year of service attained by said retiree for each retiree selecting the maximum retirement allowance or Option 1.

(2) One dollar per month for each year of service attained by said retiree reduced by the retiree’s option election factor for each retiree selecting Options 2, 3 or 4.

(3) One dollar per month for each year of service attained by said deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Teachers’ Retirement System.

(b) The benefits provided in this section are limited to those retirees and beneficiaries of deceased members and deceased retirees whose participation in the Employees’ Retirement System was based on Section 36-27-6, and whose employer at the time of retirement was a local board of education or a state supported institution of higher education. The benefits granted herein shall not apply to any other participants in the Employees’ Retirement System.
Ala. Code § 16-28-19 — Alabama Code / Title 16 / Chapter 28 / Section 16-28-19
Section 16-28-19 Attendance Districts
Status: in_force

The county board of education shall arrange the county, exclusive of cities, into one or more attendance districts, and said board shall appoint an attendance officer for every district created, who shall hold his office at the will of the county board of education, and the board of education of each city having a city board of education shall appoint one or more attendance officers to serve at the pleasure of the appointing board. City and county boards of education and county commissions may jointly employ any person or persons to carry out the provisions of this chapter and such additional duties as may be assigned them by such boards or county commissions.
Ala. Code § 16-1-46 — Alabama Code / Title 16 / Chapter 1 / Section 16-1-46
Section 16-1-46 Farm-to-School Procurement Processes and Procedures
Status: in_force

(a) This section shall be known and may be cited as the Farm-To-School Procurement Act.

(b) For the purposes of this section, unprocessed agricultural products means only those agricultural products that retain their inherent character. The effects of any of the following handling and preservation techniques shall not be considered as changing an agricultural product into a product of a different inherent character: Cooling, refrigerating, freezing; size adjustment through size reduction made by peeling, slicing, dicing, cutting, chopping, shucking, and grinding; drying or dehydration, or both; washing; the application of high water pressure or cold pasteurization; packaging, such as placing eggs in cartons, and vacuum packing and bagging, such as placing vegetables in bags; butchering livestock, fish, and poultry; and the pasteurization of milk.

(c)(1) The Alabama Department of Agriculture and Industries and the State Department of Education shall collaborate and cooperate by means of a memorandum of understanding executed between the departments in order to implement this section.

(2) As part of the collaboration, the State Department of Education shall do all of the following:

a. Investigate the potential of various procurement procedures and tools for school food authorities to purchase local farm products and abide by federal regulations including, but not limited to, the small purchase threshold.

b. Educate food service directors on the small purchase threshold and tools to promote their use for farm-to-school initiatives.

c. Implement food preparation training for food service staff to accommodate sourcing fresh and local foods.

d. Encourage school food service directors to include local farmers, processors, and suppliers when procuring farm products that fall under the small purchase threshold.

e. Encourage all new school construction projects to consider kitchen facilities capable of producing fresh and healthy school meals and opportunities for hands-on learning.

(3) As part of the collaboration, the Alabama Department of Agriculture and Industries shall do all of the following:

a. House a farm-to-school point person to coordinate efforts between the Alabama Department of Agriculture and Industries, the State Department of Education, and the Alabama Department of Public Health, who shall be responsible for identifying local farmers, processors, and suppliers and shall work with the State Department of Education to make that information available to school food service directors and for creating and disseminating information on the school food procurement process to help farmers, processors, and suppliers learn more about the process.

b. Identify, target, and promote job creation around farm-to-school initiatives.

c. In cooperation with commodity groups and growers’ associations, utilize existing web-based market development tools or adopt a voluntary web-based directory of farmers searchable by location. The directory shall be routinely updated and consistently maintained and usable by anyone interested in locating farmers and Alabama farm products.

d. Investigate opportunities for farmers to supply their products to commercial distributors.

(d) The State Department of Education and the Alabama Department of Agriculture and Industries may accept funds from any federal, state, or private source to implement this section. Any federal funds received for school nutrition programs may be used for purchases pursuant to subdivision (14) of Section 16-13B-2.

(e) At least 10 percent of the local farmers, processors, and suppliers utilized in providing unprocessed agricultural products pursuant to this section may be minority producers.
Ala. Code § 16-33C-14 — Alabama Code / Title 16 / Chapter 33C / Section 16-33C-14
Section 16-33C-14 Appropriations from the Education Trust Fund to the Pact Program
Status: reserved

Repealed by Act 2015-538, 2nd Sp. Sess., §2, effective September 17, 2015.
Ala. Code § 16-10-9 — Alabama Code / Title 16 / Chapter 10 / Section 16-10-9
Section 16-10-9 Charges Against Teacher May Be Filed by Trustees
Status: in_force

The board of school trustees shall seek in every way to develop sentiment in the support of the schools, and in case of dissatisfaction they may file with the county board of education written charges requesting the removal of the principal or any other teacher in said school.
Ala. Code § 16-5-78 — Alabama Code / Title 16 / Chapter 5 / Section 16-5-78
Section 16-5-78 Powers of Commission
Status: in_force

To satisfy the requirements of this article, the commission may do either of the following:

(1) Utilize and incorporate preexisting databases, such as the United States College Scorecard, administered by the federal department of education, as well as any other data sets available to the commission.

(2) Compel colleges and universities to collect and provide information or data as necessary.
Ala. Code § 16-16-15 — Alabama Code / Title 16 / Chapter 16 / Section 16-16-15
Section 16-16-15 Incentive Fund and Council
Status: in_force

(a) There is hereby created the Alabama Public School and College Education Incentive Fund (Incentive Fund). Fifty-five million dollars ($55,000,000) from the first series of bonds issued pursuant to Act 2007-415 shall be deposited into the Incentive Fund.

(b) There is hereby created the Alabama Public School and College Education Incentive Fund Council. The council shall be made up of the State Superintendent of Education; the Director of Finance; one member, who shall not be an elected official, appointed by the Governor; the Lieutenant Governor; the Chair of the Senate Finance and Taxation-Education Committee; and the Chair of the House Education Appropriations Committee. The Lieutenant Governor and legislative members of the council shall be entitled to their regular per diem when attending council meetings. The council created by this section shall allocate capital expenditures from the Incentive Fund. Authorized expenditures from the Incentive Fund shall include, but not be limited to, matching local funds for the consolidation of schools; the advancement of technology; capital losses as the result of natural disasters; infrastructure for fast growing school systems or institutions; career technical facilities; public libraries; and capital needs to assist schools that are not accredited by the Southern Association of Colleges and Schools. Entities applying for grants from the Incentive Fund shall make application to members of the council. The council may require local match for certain capital projects. Upon the deposit of the monies into the Incentive Fund, the council shall meet at least quarterly to consider grant applications. Four members of the council shall constitute a quorum and four members must be present and vote affirmatively for the approval of any grant application. The council shall hold its first meeting within the first quarter following the deposit of the first monies into the Incentive Fund. The council shall elect a chair at the first meeting. The chair shall call subsequent meetings of the council. If the chair fails to call a meeting at least quarterly, a meeting shall be held upon a written request by at least four members of the council.

(c) Not later than three years following allocation of bond proceeds as provided in Act 2007-415, the authority shall review the status of any unexpended allocations, and, at its sole discretion, determine if unexpended allocations or any portion thereof shall revert to the authority for reallocation by the Alabama Public School and College Education Incentive Fund Council.
Ala. Code § 16-5-51 — Alabama Code / Title 16 / Chapter 5 / Section 16-5-51
Section 16-5-51 Purpose. (Amended by 2026-303)
Status: in_force

AMENDED BY ACT 2026-303, EFFECTIVE AUGUST 1, 2026. SEE ACT FOR REVISED LANGUAGE.

The purpose of the Alabama Math and Science Teacher Education Program is twofold:

(1) To encourage individuals to enroll in and complete programs leading to Alabama certification in mathematics, science, or computer science.

(2) To improve the educational system in Alabama by encouraging those who complete the program to accept math, science, or computer science teaching positions in Alabama public schools, preferably in public school systems, including charter schools, where the shortage of math, science, or computer science teachers, or any combination of the three, is most acute, or in a school that has been designated as a failing school, or any other term adopted to identify an underperforming school, by the State Board of Education or the Legislature.
Ala. Code § 16-26A-2 — Alabama Code / Title 16 / Chapter 26A / Section 16-26A-2
Section 16-26A-2 Definitions
Status: in_force

For the purposes of this chapter, the following words and phrases shall have the respective meanings ascribed by this section, except when the context clearly indicates a different meaning:

(1) DEPARTMENT. The State Department of Education.

(2) SCHOOL. The Alabama High School of Mathematics and Science.

(3) STATE BOARD. The State Board of Education.

(4) STATE SUPERINTENDENT. The State Superintendent of Education.
Ala. Code § 16-25C-1 — Alabama Code / Title 16 / Chapter 25C / Section 16-25C-1
Section 16-25C-1 Legislative Intent
Status: in_force

It is the intent of the Legislature to make available to participants a defined contribution plan as described in Section 401 of the Internal Revenue Code, so as to enable the participants to conveniently and economically receive the fullest benefits offered by federal tax law as it relates to qualified defined contribution savings plans for public employees covered by a mandatory defined benefit public employee savings plan and participating in voluntary supplemental deferred compensation or tax sheltered annuity plans under Internal Revenue Code Sections 457 and 403(b) respectively.
Ala. Code § 16-40-20 — Alabama Code / Title 16 / Chapter 40 / Section 16-40-20
Section 16-40-20 Elective Courses Authorized for Objective Study of the Bible and Religious History
Status: in_force

(a) A public school may offer elective courses in the objective study of the Bible and religious history in grades six to 12, inclusive, as follows:

(1) A social studies course on the Hebrew Scriptures of the Old Testament of the Bible.

(2) A social studies course on the Greek Scriptures of the New Testament of the Bible.

(3) A social studies course on the Hebrew Scriptures of the Old Testament and the Greek Scriptures of the New Testament of the Bible.

(4) A social studies course in religious history.

(b) The State Board of Education shall adopt rules and policies necessary for implementing the requirements of this article, including a requirement that curriculum standards submitted by a public school or school district for approval of an elective study of the Bible course shall meet the academic rigor and curriculum standards of other elective courses approved by the board.
Ala. Code § 16-46C-3 — Alabama Code / Title 16 / Chapter 46C / Section 16-46C-3
Section 16-46C-3 Definitions
Status: in_force

For the purposes of this chapter, the following terms shall have the following meanings:

(1) EXTENDED LEARNING OPPORTUNITY. An out-of-classroom learning experience, approved by the State Board of Education, a local board of education, or a public charter school, which provides a student with any of the following:

a. Enrichment opportunities.

b. Career readiness or employability skills opportunities, including internships, pre-apprenticeships, and apprenticeships.

c. Any other approved educational opportunity.

(2) STUDENT. Includes elementary and secondary school students attending K-12 non-charter public schools and public charter schools, as those schools are defined in Section 16-6F-4.
Ala. Code § 16-60-307 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-307
Section 16-60-307 Acceptance of Appropriations, Gifts, and Grants; Legislative Appropriations
Status: in_force

(a) The center may seek and accept gifts, devises, grants, or bequests and hold or expend the same to carry out this article. The center may accept appropriations or grants from the federal government, the state, any county, or any municipality, and the center may hold or expend the same to carry out this article.

(b) The Legislature may, from time to time, appropriate state funds to the center.
Ala. Code § 16-30A-4 — Alabama Code / Title 16 / Chapter 30A / Section 16-30A-4
Section 16-30A-4 Submission of Medical Order for Development of Individual Health Plan
Status: in_force

The parent or guardian of each student with an identified diabetic medical condition who seeks care while at school shall submit the order from a physician, certified registered nurse practitioner operating under a valid collaborative agreement, or physician assistant operating under a valid supervisory agreement according to the timeline established by the local education agency to be considered in the development of the student’s Individual Health Plan.
Ala. Code § 16-4-16 — Alabama Code / Title 16 / Chapter 4 / Section 16-4-16
Section 16-4-16 Forms and Blanks
Status: in_force

The State Superintendent of Education shall prepare, or cause to be prepared, and submit for approval and adoption by the State Board of Education a uniform series of forms and blanks for the use of county boards of education, boards of education of cities, school officials and teachers, and it shall be his duty to see that all financial matters and all educational records are made according to these forms and blanks. He shall also prepare, or cause to be prepared, and submit for approval and adoption by the State Board of Education forms and blanks to be used in the annual report and in the monthly reports of persons conducting private schools and of private educational associations, corporations or institutions except church schools as defined in Section 16-28-1.
Ala. Code § 16-33-8 — Alabama Code / Title 16 / Chapter 33 / Section 16-33-8
Section 16-33-8 Duties of Local Superintendents and Teachers
Status: in_force

The county superintendent of education and the city superintendent of schools in each respective county and city must inform the teachers of their county and city of the provisions and benefits of this chapter, who in turn shall inform the children, whose blind parent is the head of the family, as to their rights and benefits under the provisions of this chapter.
Ala. Code § 16-13-184 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-184
Section 16-13-184 Election Officers; Conduct of Election
Status: in_force

(a) The inspectors and officers of the special county election shall be appointed and said election shall be held and the results of such election shall be declared in the same manner and by the same officers as the results of the regular election for county officers, under the general election laws of the state; provided, that the election may be held at the time for holding any regular election in the county; and, if held at such time, the inspectors and officers of the general election shall conduct at the same time the election herein provided for and for such services they shall receive no compensation other than that allowed them for the holding of the general election. If the election is held at some other time than that of holding the regular election in the county, then the election officers shall receive the same pay as that for holding the general election.

(b) The managers and returning officers, provided for above, shall conduct and make return of such election in the rural or city school tax district; and, in the event such election officers fail to appear at the polling place to which they are appointed, the officer or officers who do appear shall appoint someone to take their places. All election officers shall be residents of the special school tax district and qualified electors of the beat or precinct in which they reside. The sheriff shall notify all officers of their appointment by the county commission. The managers of such election shall open and close the polls pursuant to Section 17-7-5.1 on the date of election and, immediately upon closing the polls, shall ascertain the results of the election at their respective voting places, and make returns of the same to the county commission and deliver the ballot box containing the returns, with the poll lists, tally sheets and other necessary papers, to the returning officers of such voting places, who shall deliver the same to the county commission on or before noon of the second day of the said election. The county commission shall, within four days after said election, canvass the returns so made and under oath make a written report declaring the result of said election in said school tax district, showing the number of votes cast, both for and against the proposed taxation. A copy of such report shall be printed in some newspaper published in the county, and the original shall be filed in the office of the probate judge. Except as otherwise provided herein, said election shall be held under the general laws of the state.
Ala. Code § 16-24-13 — Alabama Code / Title 16 / Chapter 24 / Section 16-24-13
Section 16-24-13 Effect of Leave of Absence on Continuing Service Status
Status: reserved

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
Ala. Code § 16-28-8 — Alabama Code / Title 16 / Chapter 28 / Section 16-28-8
Section 16-28-8 Reports Required Must Be Furnished
Status: in_force

All school officers, including those in private schools, or private tutors, but not those in church schools, in this state offering instruction to pupils within the compulsory attendance ages, shall make and furnish all reports that may be required by the State Superintendent of Education and by the county superintendent of education or by the board of education of any city with reference to the workings of this article. The principal teacher of each public school, private school, church school and each private tutor shall keep an attendance register showing the enrollment of the school and every absence of each enrolled child from school for a half day or more during each school day of the year.
Ala. Code § 16-13-212 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-212
Section 16-13-212 Notes Not General Obligation; Board May Pledge Tax Proceeds
Status: in_force

The principal of and interest on such notes shall not be general obligations of the board of education issuing said notes but shall be payable from the principal proceeds from the sale of the warrants with respect to which such notes are issued and, to the extent necessary, from the tax proceeds which the issuing board of education may pledge to the payment of such warrants. Any board of education may secure payment of the principal of and interest on the notes by a pledge of so much as may be necessary therefor of such tax proceeds.
Ala. Code § 16-44A-50 — Alabama Code / Title 16 / Chapter 44A / Section 16-44A-50
Section 16-44A-50 Short Title
Status: in_force

This division may be cited as the Alabama Veterans Living Legacy Act of 2008 in honor of all Alabama veterans, living and dead, and members of the Armed Forces of the United States, whose service and sacrifices are indispensable to our country and the cause of liberty.
Ala. Code § 16-13-196 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-196
Section 16-13-196 School Tax District - Consolidation - Effect
Status: in_force

Thereupon the county commission shall call an election in like manner as already prescribed for calling an election in a school tax district in the special districts or district and adjacent territory proposed to be consolidated, and if a majority of the qualified electors voting in the combined territories of the districts or district and adjacent territory proposed to be consolidated shall vote favorably, the districts or district and adjacent territory shall be consolidated into a new special school tax district, and the tax as voted shall be levied and collected in the new district as a unit, but the creation of a new district shall not operate to relieve the county board of education of liability for the just obligations made prior to such consolidation. In the event a majority of the qualified electors voting in the combined territories of the districts or district and adjacent territory proposed to be consolidated shall vote against the proposed consolidation, said consolidation shall not be made and each district shall remain as before with the same taxing privileges.
Ala. Code § 16-46D-3 — Alabama Code / Title 16 / Chapter 46D / Section 16-46D-3
Section 16-46D-3 Participation in Program; Failure to Complete High School Diploma Requirements; Dual Enrollment
Status: in_force

(a) Any eligible student may apply to an eligible institution to take courses at that institution which are approved for secondary academic credit pursuant to Section 16-46D-6. If accepted at an eligible institution, an eligible student may take any approved course at that institution, whether or not the course is taught during the regular public school day, and receive secondary credit. While taking courses at an eligible institution, a student shall be considered a student of that institution and may not take any courses at his or her high school or participate in any school activities, including extra-curricular activities. An eligible institution that accepts an eligible student under the program may not receive any state funds for that student unless the institution complies with the requirements of this chapter.

(b) An eligible student who enrolls in the program shall not be counted as a high school dropout on the state report card if the student fails to complete the requirements for a high school diploma.

(c) Nothing in this chapter shall affect or otherwise replace any existing law or funding from the Legislature relating to dual enrollment practices as of October 1, 2024.
Ala. Code § 16-24B-6 — Alabama Code / Title 16 / Chapter 24B / Section 16-24B-6
Section 16-24B-6 Preliminary Certificate; Breach of Principal Employment Contract
Status: in_force

(a) An individual who has not completed a teacher education program in Principal or Educational Administrator may be eligible for a preliminary certificate, which could lead to full certification by the Alabama Department of Education under rules approved by the Alabama State Board of Education.

(b) No action shall lie for the recovery of damages for the breach of any employment contract of a contract principal in the public schools.
Ala. Code § 16-44A-19 — Alabama Code / Title 16 / Chapter 44A / Section 16-44A-19
Section 16-44A-19 Exemption from State Taxes; Authority to Solicit Gifts and Donations; Tax Treatment of Gifts, Grants, Devises, and Bequests; Liberal Construction
Status: in_force

(a) The compact shall be exempt from all taxes of the State of Alabama and its political subdivisions to the same extent as public schools and colleges. All receipts, from whatever source, are appropriated to the compact until expended and shall not lapse. The compact is authorized to solicit gifts and donations, and all gifts, grants, devises, and bequests shall be deductible from state income taxes in accordance with Section 40-18-15.

(b) All of the acts provided for in the body of the compact agreement are hereby specifically authorized and provided for, it being the intent of this article to incorporate and enact the entirety of the provisions of the compact into this code. The provisions of the compact and this article shall be liberally construed to effectuate the purposes of the article.
Ala. Code § 16-3-11 — Alabama Code / Title 16 / Chapter 3 / Section 16-3-11
Section 16-3-11 Powers Generally
Status: in_force

The State Board of Education shall exercise, through the State Superintendent of Education and his professional assistants, general control and supervision over the public schools of the state, except institutions of higher learning which by law are under the general supervision and control of a board of trustees, and shall consult with and advise through its executive officer and his professional assistants, county boards of education, city and town boards of education, superintendents of schools, school trustees, attendance officers, principals, teachers, supervisors and interested citizens, and shall seek in every way to direct and develop public sentiment in support of public education.
Ala. Code § 16-60-171 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-171
Section 16-60-171 Construction and Maintenance Generally; Equipment, Supplies and Materials; Teachers and Instructors; Enrollment
Status: in_force

The school established under this article shall be constructed, leased, equipped, improved, enlarged and maintained by the Board of Education of the State of Alabama. The State Board of Education shall provide the equipment, supplies and materials for the operation of such trade school and shall staff the same with adequate teachers and instructors. The enrollment shall be selected by the Board of Corrections, with the approval of the State Board of Education.
Ala. Code § 16-42-2 — Alabama Code / Title 16 / Chapter 42 / Section 16-42-2
Section 16-42-2 Use of County and Municipal Funds
Status: in_force

To carry out the authority vested in the county commissions and the governing bodies of the municipalities by the provisions of Section 16-42-1, the county governing bodies and the governing bodies of the municipalities of the state are hereby authorized and empowered to set aside, appropriate and use county funds and municipal funds for this purpose.
Ala. Code § 16-25-26.1 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-26.1
Section 16-25-26.1 Election by University President to Resume Participation
Status: in_force

(a) Any person who is a retired teacher, and retired under the provisions of the Teachers’ Retirement System of Alabama, and who subsequent to said retirement becomes the acting President of the University of Alabama, may elect to resume his participation in the Teachers’ Retirement System of Alabama.

(b) Should any person make such election as set forth in subsection (a) of this section, his retirement benefits shall cease and the reserves remaining for his pension and annuity and all his service credits shall be transferred to the appropriate funds and accounts maintained for active members. Upon restoration to active service the member shall receive full rights, privileges and benefits under the Teachers’ Retirement System of Alabama for his total years of service thereunder.
Ala. Code § 16-60-260 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-260
Section 16-60-260 Establishment; Location; Purpose
Status: in_force

There is hereby created and established the Alabama Mining Academy which shall be located at Walker State Technical College in Walker County, Alabama. The Alabama Mining Academy shall be maintained as an agency of Walker State Technical College. The academy shall be the agency that assists in the mine safety and health training of Alabama miners. The purpose and function of this academy shall be to cooperate with and provide assistance to the mining industry of the state in developing effective mine health and safety programs and to improve and expand research and development and training programs aimed at developing a safer, more productive coal industry for the State of Alabama.
Ala. Code § 16-8-17 — Alabama Code / Title 16 / Chapter 8 / Section 16-8-17
Section 16-8-17 Consolidation of Schools - County and City Systems
Status: in_force

(a) Whenever a county board of education and the city board or boards of education in the county shall deem it advisable to consolidate the administration of their respective systems under the county board of education and shall reach an agreement to that effect through resolutions adopted by and recorded in the minutes of each board, which agreement shall provide for the payment of their respective indebtedness, said consolidation shall be made to become effective at the time designated in the resolutions providing for such consolidation; provided, that, if within 30 days after the adoption of said resolutions 25 percent of the qualified electors of the territory covered by either of the school systems concerned shall submit a protest in writing, the consolidation procedure shall be as follows:

(1) REQUEST FOR REFERENDUM. The boards concerned shall adopt resolutions asking for a referendum on the proposed consolidation; whereupon the chairman of each board shall certify to the judge of probate a copy of the agreement and of the resolution adopted by his board.

(2) ORDER OF ELECTION. Upon receipt by the judge of probate of certified copies of the agreement and resolutions, adopted as provided herein, he shall forthwith present them to the county commission, which shall order elections to be held simultaneously in the territories concerned and at the time requested by said boards, to determine whether or not the school system of the county and the school system or systems of the city or cities shall be administered by the county board of education.

(3) NOTICE OF ELECTION. At least 30 days before the elections are held, the sheriff shall give notice of the time and the purpose of the elections by publication in some newspaper in the county, if any is published therein and, if not, by writing posted at the courthouse and at three other public places in each school system concerned.

(4) APPOINTMENT, COMPENSATION AND DUTIES OF ELECTION OFFICERS. The officers of the elections shall be appointed, the elections shall be held and the results shall be declared as in regular elections for county or city officers; provided, that the elections may be held at the time of any regular election and, in that event, the officers of the general election shall serve without extra compensation. If the elections are held at a time other than that fixed for a regular election, the officers shall receive the same pay for a general election.

(5) BALLOTS FOR ELECTION. The ballots shall have printed at the top a statement of the purpose of the elections and directly underneath, in plain type and on different lines, the words, “For Consolidation,” “Against Consolidation.” The voter favoring the proposed consolidation will make a cross mark directly to the left of the words “For Consolidation,” and the voter not in favor of the proposed consolidation will make a cross mark directly to the left of the words “Against Consolidation.”

(6) WHO MAY VOTE; RESULT OF ELECTION. All qualified electors residing in the territories concerned shall have the right to vote and, if a majority of the qualified electors voting in the combined territories concerned shall vote in favor of the consolidation, the city board or boards of education shall stand abolished and thereafter the schools of the county and the schools of the city or cities involved shall be administered by the county board of education.

(b) The consolidation shall not operate to relieve any board of education, or other governing body, of liability for obligations previously incurred, or to impair rights existing prior to the consolidation. On the contrary, the agreement as to indebtedness shall be binding on both the county board of education and the board or boards of education of the city or cities whose school systems are consolidated; provided, that in the event of a consolidation, the county board of education shall have the right to compel the execution of contractual obligations made to either of the boards prior to consolidation.
Ala. Code § 16-25-35 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-35
Section 16-25-35 Annualized Benefit Increase Procedure
Status: in_force

(a) Commencing in the fiscal year that beginning October 1, 2026, no benefit increase provided to retirees and beneficiaries under the Teachers’ Retirement System shall be paid unless the increase is granted by separate legislative act conforming to this section. The separate legislative act shall set the amount of the increase and the class of eligible retirees and beneficiaries. Any other benefit increases shall be granted by an additional separate legislative act. The Teachers’ Retirement System shall pay the benefit increase to the eligible retirees and beneficiaries only if the annual cost of the increase as estimated by the actuary of the system is included and appropriated in the Education Trust Fund appropriation act for that fiscal year by a separate employer rate. Participating employers shall pay the separate employer rate to pay the benefit increase included in the Education Trust Fund appropriation act in the same manner and from the same source of funds as salaries of active members are paid. In any fiscal year in which the required separate employer rate is not identified and appropriated in the appropriation act, eligible retirees and beneficiaries shall not receive and the Teachers’ Retirement System shall not be required to pay the increase in that fiscal year. The benefit increase may be resumed in any subsequent fiscal year if included in that year’s appropriation act.

(b) The Legislature finds and declares that any benefit increase provided for the retirees and beneficiaries of the Teachers’ Retirement System pursuant to this section shall not increase the unfunded liability of those retirement systems due to the annual authorization and full annual funding required by this section.

(c) Any accounting standards that may imply otherwise and that do not recognize the clear language of this section, declaring that no future liability shall be attributed to the Retirement Systems of Alabama pursuant to this section, shall be disregarded and any audits conducted of the finances of the Retirement Systems of Alabama shall clearly note that those accounting standards do not apply to a benefit increase granted under this section.

(d) This section is not applicable to and shall not affect any previous cost-of-living increase or one-time bonus provided to retirees under acts previously passed by the Legislature.

(e) Commencing on November 4, 2026, only one retiree and beneficiary increase may be granted per legislative quadrennium pursuant to this section.
Ala. Code § 16-13A-7 — Alabama Code / Title 16 / Chapter 13A / Section 16-13A-7
Section 16-13A-7 Audits
Status: in_force

(a)(1) The yearly business and financial transactions of a local board of education shall be audited as early as possible after the end of the fiscal year.

(2) The audits of the books and accounts of local boards of education shall be conducted by the Department of Examiners of Public Accounts. The Department of Examiners of Public Accounts shall audit, review, and otherwise investigate the receipts and disbursements of funds of each local board in the same manner as audits are performed on other agencies and departments of the State of Alabama.

(3) Any local board of education governing a city school system, other than those city systems required by law to be audited by the Department of Examiners of Public Accounts on June 1, 2006, may employ a certified public accounting firm or firms or use the Department of Examiners of Public Accounts to perform its yearly financial audit of its books and accounts including a legal compliance audit and program compliance audit. The foregoing to the contrary notwithstanding, a city system which has had any financial form of intervention by the State Superintendent of Education shall be audited by the Department of Examiners of Public Accounts, or if any such intervention should become necessary at any future date, such city system shall be audited for three future years by the Department of Examiners of Public Accounts. The Department of Examiners of Public Accounts or the certified public accounting firm or firms shall perform a yearly legal compliance audit in accordance with Chapter 5 of Title 41, and if the compliance audit results in adverse findings by the Department of Examiners of Public Accounts or the certified public accounting firm or firms, the adverse findings shall be reported to the State Superintendent of Education. If the adverse findings involve misappropriation or theft, such findings shall also be reported to the appropriate district attorney and the Attorney General.

(b) Legal compliance audits and program compliance audits performed by a private certified public accounting firm shall adhere to the standards of the Department of Examiners of Public Accounts for each respective type of audit. The Department of Examiners of Public Accounts shall provide these standards to the private certified public accounting firms. Any adverse findings shall be noted in the audit report and reported to the State Superintendent of Education. Such adverse findings shall, upon request, be provided to any member of the public.

(c) A local board of education may request an audit of system funds under control of the same local board by the Department of Examiners of Public Accounts whenever there is a permanent change in the position of local superintendent of education or chief school financial officer.

(d) A local board of education by majority vote may unilaterally request an audit of any school or school system account under control of the same local board by the Department of Examiners of Public Accounts, if the board deems such action is in the best interest of the school system.

(e) The findings of audits conducted pursuant to this section shall be presented to the local board of education in a board meeting. The State Superintendent of Education shall be sent a copy of the audit to review and shall be notified of the time, place, and location of the meeting at which the findings will be presented to the local board of education. Audits are public records.
Ala. Code § 16-64-7 — Alabama Code / Title 16 / Chapter 64 / Section 16-64-7
Section 16-64-7 Exceptions; College and University Off-Campus Offerings on Military Bases
Status: in_force

The provisions of this chapter shall not apply to those off-campus offerings on military bases conducted by colleges and universities.
Ala. Code § 16-61D-2 — Alabama Code / Title 16 / Chapter 61D / Section 16-61D-2
Section 16-61D-2 Definitions
Status: reserved

Repealed by Act 2013-68, §9, effective March 19, 2013.
Ala. Code § 16-24-12 — Alabama Code / Title 16 / Chapter 24 / Section 16-24-12
Section 16-24-12 Teacher Deemed Reemployed for Succeeding School Year Unless Notified
Status: reserved

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
Ala. Code § 16-28-22 — Alabama Code / Title 16 / Chapter 28 / Section 16-28-22
Section 16-28-22 Prosecutions
Status: in_force

No prosecution or proceeding under this article shall be begun except by one of the following parties:

(1) The county superintendent of education or city superintendent of schools where the matter affects a school or private tutor in territory under his supervision; or

(2) An attendance officer; or

(3) The principal teacher of the school which the child attends or should attend; or

(4) The private tutor by whom the child is instructed or should be instructed; or

(5) The probation officer of the county; or

(6) A duly authorized agent of the State Superintendent of Education or the Department of Human Resources.
Ala. Code § 16-25-29 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-29
Section 16-25-29 For Prior Service for Employment While Student at Public Institution of Higher Learning
Status: in_force

(a) No person who is an active and contributing member of or retired from the Teachers’ Retirement System of Alabama and as a student was previously employed in a full-time position by a public educational institution of higher learning in Alabama may claim and purchase credit for such service unless the provisions of this section are complied with, and in no event after June 30, 1989, provided further, that no service as a student employee may be purchased unless such employment consisted of at least 20 hours of service per week.

(b) Any person eligible to claim and purchase credit for service as a full-time student employee shall be awarded credit for such service under the Teachers’ Retirement System of Alabama provided he or she shall comply with the following requirements:

(1) Such person shall provide certification to the Teachers’ Retirement System on or before October 1, 1988, of the time of service and salary for each period of claimed service. Such certification shall be made by the employing institution from official employment records, provided that where such records are not available, certification by the employing institution of such unavailability together with verification of such service and salary by two disinterested persons, not related to the claimant, with personal knowledge of the claimant’s service shall be accepted as proof of such service, and

(2) Such person shall on or before June 30, 1989, pay to the Secretary-Treasurer of the Teachers’ Retirement System of Alabama a sum equal to the total contributions which he or she would have made as a member during the period of claimed service together with eight percent compounded interest through the date of payment.
Ala. Code § 16-45-2 — Alabama Code / Title 16 / Chapter 45 / Section 16-45-2
Section 16-45-2 Purposes
Status: in_force

The purposes of the consortium are to provide educational programs in marine sciences on both the undergraduate and graduate levels, to promote and encourage pure and applied research in marine sciences and related areas, to promote and encourage communication and dialogue among those interested in marine sciences and to do and perform all other acts and things which may be incidental to and come legitimately within the scope of any and all of the foregoing objects and purposes or which may be necessary or appropriate for the carrying out and accomplishment of any and all foregoing objects.
Ala. Code § 16-37-5 — Alabama Code / Title 16 / Chapter 37 / Section 16-37-5
Section 16-37-5 City and County Boards May Cooperate with State Board
Status: in_force

The board of education of any county or of any city having a city board of education may cooperate with the State Board of Education in the establishment of vocational schools or classes giving instructions in agricultural subjects, in trade or industrial subjects or in home economics subjects and may use any moneys raised by public taxation in the same manner as moneys for other school purposes are used for the maintenance and support of public schools.
Ala. Code § 16-25-105 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-105
Section 16-25-105 Construction of Article
Status: reserved

This article is supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to certain retired members of the Teachers’ Retirement System and certain retired members of the Employees’ Retirement System. Notwithstanding the foregoing, those laws or parts of laws which are in direct conflict with this article are repealed.
Ala. Code § 16-24B-53 — Alabama Code / Title 16 / Chapter 24B / Section 16-24B-53
Section 16-24B-53 Assistant Administrative Officers; Cancellation of Contract
Status: in_force

(a) Notwithstanding any other provision of this article, the employment contract of an assistant administrative officer or contract assistant administrative officer, whose certificate is revoked by the State Superintendent of Education pursuant to Section 16-23-5(b), shall be immediately cancelled.

(b) If the conviction resulting in the revocation of the certificate pursuant to Section 16-23-5(b) is overturned on appeal, the State Superintendent of Education, upon receipt of notice of the reversal, shall immediately reinstate the certificate of the assistant administrative officer or contract assistant administrative officer, and the employing board or participating employing board, at its discretion, shall place the assistant administrative officer or contract assistant administrative officer in a position commensurate with the employee’s licensure from the State Department of Education or on paid administrative leave. Regardless of whether the certificate of the assistant administrative officer or contract assistant administrative officer is reinstated or a new employment contract is entered into, the assistant administrative officer or contract assistant administrative officer, within 45 days, shall be reimbursed for any back pay, plus benefits, from the date of cancellation up to and including the date his or her conviction is overturned.

(c) Nothing in this section shall be construed to preclude the State Superintendent of Education or the employing board or participating employing board from pursuing other legal action against the assistant administrative officer or contract assistant administrative officer based upon the underlying circumstances of the conviction.
Ala. Code § 16-26B-5 — Alabama Code / Title 16 / Chapter 26B / Section 16-26B-5
Section 16-26B-5 Board of Trustees - Powers, Duties, Functions
Status: in_force

The school board may:

(1) Accept donations, bequests, or other forms of financial assistance for educational purposes from any public or private sector persons or agencies and comply with rules and regulations governing grants from the federal government or from any other person or agency, which are not in contravention of the Constitution of Alabama of 1901 and laws.

(2) Purchase land and equipment and make improvements to land and facilities necessary for the use of the school, in accordance with applicable law.

(3) Lease land or other property belonging to it or to the school.

(4) Sell or exchange land or other real property not needed for school purposes, if the sale or exchange is specifically authorized by law and is in accordance with the procedures provided for the sale of unused school lands under Chapter 15 (commencing with Section 9-15-1) of Title 9. The sale shall be authorized by resolution of the school board. The contract of sale or exchange shall be signed by the president of the school board or any other person designated by the school board in the authorizing resolution.

(5) Adopt, amend, or repeal rules, regulations, and policies necessary or proper for the conduct of the business of the school board and the school.

(6) Award certificates and issue diplomas for the successful completion of programs of study. All diplomas shall be inclusive of the requirements for a regular school diploma issued by the state board, in accordance with state law, to any student who successfully completes the program of study adopted by the school board. All certificates shall be inclusive of the requirements of a specific program, such as, but not restricted to, summer programs, short courses, workshops, and seminars which fulfill the requirements of the programs as set by the executive director and the school board.

(7) Upon recommendation of the executive director, enter into contracts and agreements in accordance with applicable law with other public and private agencies with respect to cooperative enterprises and undertakings related to or associated with an educational purpose or program affecting the program of the school. This shall not preclude the school board from entering into other contracts and agreements that it may deem necessary to perform its duties and functions.

(8) Employ an executive director who shall be the chief administrative officer of the school and shall administer the rules, regulations, and policies of the school. The executive director shall also be the chief administrative officer of the school board and shall be responsible for administrative functions, duties, and needs of the school board.

(9) Prescribe the qualifications and provide for the certification of teachers.

(10) Adopt rules and regulations under which faculty members may become permanent employees of the school.
Ala. Code § 16-30A-11 — Alabama Code / Title 16 / Chapter 30A / Section 16-30A-11
Section 16-30A-11 Training and Diabetes Care for Students
Status: in_force

A private school may provide training and diabetes care for its students in accordance with the provisions set forth in this chapter.
Ala. Code § 16-61C-5 — Alabama Code / Title 16 / Chapter 61C / Section 16-61C-5
Section 16-61C-5 Appointment of Director; Responsibilities of Superintendent
Status: in_force

The State Superintendent of Education may appoint a full-time director for the Science in Motion Program who shall be responsible for the day-to-day administration, monitoring and coordination of the ASIM Program.

The State Superintendent of Education shall be responsible for the following:

(1) Initiate the preparation of proposals for funding grants from governmental, corporate or private sources. If, as a requirement for receiving grant funds, the grant-awarding entity requires the participation of private schools in the Alabama Science in Motion Program, the superintendent is hereby authorized to include private schools to the extent that the requirement is satisfied.

(2) Establish the ASIM Program standards upon approval of the State Board of Education and certify that each network annually meets the overall standards of the ASIM Program as a prior condition for the allocation of the respective shares of ASIM Program funds to each network.

(3) Document and maintain records of the ASIM Program and make an annual report to the Legislature, by the tenth legislative day of each regular session, which summarizes the finances and activities of the ASIM Program during the previous school year.

(4) The State Superintendent of Education is authorized to contract with one or more of the host universities to make purchases of scientific equipment and supplies on behalf of the ASIM Program in the event that more favorable prices can be obtained by the host university.
Ala. Code § 16-9-18 — Alabama Code / Title 16 / Chapter 9 / Section 16-9-18
Section 16-9-18 Condemnation and Improvement of Buildings and Playgrounds; Approval of Contracts
Status: in_force

The county superintendent of education shall recommend to the county board of education for condemnation school buildings which are unsanitary and unfit for use. He shall recommend in writing all repairs, purchase of playgrounds and school sites and buildings to be erected with state, county and local aid and shall see to it that the plans and specifications and the rules and regulations of the State Board of Education, with reference to the erection, repair and equipment of the school buildings, are carefully followed. He shall approve in writing all contracts of whatever kind entered into by the county board of education.
Ala. Code § 16-16-14.2 — Alabama Code / Title 16 / Chapter 16 / Section 16-16-14.2
Section 16-16-14.2 Legislative Intent
Status: in_force

Act 2010-731 is adopted by the Legislature of the State of Alabama to amend certain provisions of the Code of Alabama 1975 and certain prior acts of the Legislature of Alabama and to make other provisions in a manner intended to permit the Alabama Public School and College Authority (the authority) to issue bonds, notes, or other debt obligations under the provisions of the American Recovery and Reinvestment Act of 2009 or other governmental program providing cost-savings or conditions acceptable to the authority. The issuance of such bonds, notes, or other debt obligations by the authority for the benefit of local boards of education in the state will provide financing for such local boards on favorable terms and will thereby serve an essential need of the citizens of the state. Bonds of the authority in the form of bonds, notes, or other debt obligations under the provisions of the American Recovery and Reinvestment Act of 2009 or other governmental program shall be, and are hereby authorized to be, issued by the authority under Section 3(b) of Act No. 98-373 and Act 2010-731.