Ala. Code § 16-13-73 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-73
Section 16-13-73 Approval of Issue by State Superintendent of Education
Status: in_force

Before issuing any warrants hereunder, the board of education by which such warrants are proposed to be issued shall cause an application for approval of such issue to be filed with the State Superintendent of Education. Such application shall be in such form and shall contain such information as the State Superintendent of Education may prescribe, and he may require such further information as may be necessary relating to the proposed warrants or other financial or educational matters under the control of such board of education. He shall not approve the issue of any warrants hereunder which would jeopardize the state’s Foundation Program of education as prescribed by law and in accordance with the rules and regulations of the State Board of Education. He shall not approve the issue of any warrants hereunder when the principal of or the interest on any other warrants constituting a preferred claim against the tax proceeds to be pledged for payment of the proposed warrants is overdue and unpaid, except warrants to refund the same. The written approval of the State Superintendent of Education of the amount and general purpose of the warrants shall be a sufficient approval of the issue, but he may at his discretion approve any of the terms and provisions of the warrants which in such event shall not be issued otherwise. He shall not approve the issuance of any refunding warrants unless evidence presented to him in his judgment shows:

(1) That an interest saving will thereby be effected without extending the date of payment of the warrants desired to be refunded;

(2) That payment of warrants desired to be refunded will prevent the issuing board of education from operating schools the customary term in their jurisdiction;

(3) That an extension of the time of payment of the warrants desired to be refunded is necessary to prevent the state’s Foundation Program from being jeopardized; or

(4) That the proceeds of the tax pledged for payment of the warrants to be refunded are not or will not be sufficient for the payment of the principal of and the interest on such warrants.

The state superintendent’s approval of the issue of any warrants hereunder shall be a conclusive determination that all necessary evidence has been presented to him. The written approval of the State Superintendent of Education of the issue of any warrants hereunder shall be a conclusive determination in favor of the validity of such warrants that all of the requirements of this article have been complied with. The State Superintendent of Education may also determine conclusively for all purposes relating to the validity of any warrants issued hereunder whether any other warrants constitute a preferred claim against the tax proceeds out of which the proposed warrants are payable. In all matters connected with his approval of warrants, the State Superintendent of Education shall comply with any regulations or instructions of the State Board of Education, but his failure to do so shall not affect the validity of warrants approved by him.
Ala. Code § 16-64-3 — Alabama Code / Title 16 / Chapter 64 / Section 16-64-3
Section 16-64-3 Certification of Residency; Evaluation of Connections with State of Alabama
Status: in_force

(a) An individual claiming to be a resident for purposes of this chapter shall certify by a signed statement each of the following:

(1) A specific address or location within the State of Alabama as his or her residence.

(2) An intention to remain at this address indefinitely.

(3) Possession of more substantial connections with the State of Alabama than with any other state.

(b) Though certification of an address and an intent to remain in the state indefinitely shall be prerequisites to establishing status as a resident, ultimate determination of that status shall be made by the institution by evaluating the presence or absence of connections with the State of Alabama. This evaluation shall include the consideration of all of the following connections:

(1) Consideration of the location of high school graduation.

(2) Payment of Alabama state income taxes as a resident.

(3) Ownership of a residence or other real property in the state and payment of state ad valorem taxes on the residence or property.

(4) Full-time employment in the state.

(5) Residence in the state of a spouse, parents, or children.

(6) Previous periods of residency in the state continuing for one year or more.

(7) Voter registration and voting in the state; more significantly, continuing voter registration in the state that initially occurred at least one year prior to the initial registration of the student in Alabama at a public institution of higher education.

(8) Possession of state or local licenses to do business or practice a profession in the state.

(9) Ownership of personal property in the state, payment of state taxes on the property, and possession of state license plates.

(10) Continuous physical presence in the state for a purpose other than attending school, except for temporary absences for travel, military service, and temporary employment.

(11) Membership in religious, professional, business, civic, or social organizations in the state.

(12) Maintenance in the state of checking and savings accounts, safe deposit boxes, or investment accounts.

(13) In-state address shown on selective service registration, driver license, automobile title registration, insurance policies, stock and bond registrations, last will and testament, annuities, or retirement plans.
Ala. Code § 16-44C-9 — Alabama Code / Title 16 / Chapter 44C / Section 16-44C-9
Section 16-44C-9 Facilitating Information Exchange
Status: in_force

(a) The commission shall provide for facilitating the exchange of information to administer and implement this compact in accordance with the rules of the commission, consistent with generally accepted data protection principles.

(b) Nothing in this compact shall be deemed or construed to alter, limit, or inhibit the power of a member state to control and maintain ownership of its licensee information or alter, limit, or inhibit the laws or regulations governing licensee information in the member state.
Ala. Code § 16-11-13 — Alabama Code / Title 16 / Chapter 11 / Section 16-11-13
Section 16-11-13 Acquisition, Maintenance, Etc., of Property - Condemnation
Status: in_force

When lands or any interest therein shall be deemed necessary by the board of education for the site of a schoolhouse, for enlarging a schoolhouse lot or for playgrounds or other public school purposes, and the board of education for any reason shall be unable to contract with the owner or owners for the title thereof, the said board of education may institute condemnation proceedings to acquire such lands or the interest therein. Said condemnation proceedings shall be in all respects conducted and regulated as provided by Chapter 1 of Title 18.
Ala. Code § 16-25-121 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-121
Section 16-25-121 Cost-of-Living Increase to Members and Beneficiaries of Employees’ Retirement System
Status: in_force

(a) Commencing October 1, 1998, there is provided to certain persons identified in subsection (b) who are currently receiving benefits, whose effective date of retirement was prior to October 1, 1998, for purposes of receiving benefits from the Employees’ Retirement System, and to certain beneficiaries of deceased members and deceased retirees who are currently receiving survivor benefits if the effective date of retirement or death for the deceased member or retiree was prior to October 1, 1998, for purposes of receiving benefits from the Employees’ Retirement System shall receive a cost-of-living increase of not less than thirty dollars ($30) per month and the increase shall be more if determined as follows:

(1) Four percent of the current gross benefit paid to the retirees and to certain beneficiaries of deceased members and deceased retirees.

(2) Two dollars ($2) per month for each year of service attained by the retiree for each retiree selecting the maximum retirement allowance or option one.

(3) Two dollars ($2) per month for each year of service attained by the retiree reduced by the retiree’s option election factor for each retiree selecting option two, three, or four unless the beneficiary under the option selected is deceased on July 1, 1998, in which case the increase shall not be reduced.

(4) Two dollars ($2) per month for each year of service attained by the deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Employees’ Retirement System.

(b) The benefits provided in this section are limited to those 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 in this section shall not apply to any other participants in the Employees’ Retirement System.
Ala. Code § 16-33C-19 — Alabama Code / Title 16 / Chapter 33C / Section 16-33C-19
Section 16-33C-19 Changes to Pact Rules, Procedures, or Policies
Status: reserved

Repealed by Act 2012-198, §3, effective April 12, 2012.
Ala. Code § 16-25-10.1 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-10.1
Section 16-25-10.1 Executive Officers and Employees of Alabama Association of School Boards
Status: in_force

(a) The governing body of the Alabama Association of School Boards may, by resolution legally adopted to conform to the rules prescribed by the Board of Control of the Teachers’ Retirement System, elect to have its executive officers and employees, from whatever source and in whatever manner paid, become eligible to participate in the Teachers’ Retirement System of Alabama, subject to all rules, regulations and conditions thereof.

(b) The governing body of the Alabama Association of School Boards having made an election through a resolution as provided in subsection (a) of this section, its employees and executive officers may participate in and be entitled to all benefits of the Teachers’ Retirement System of Alabama; provided, that where member contributions are made from salaries paid by the Alabama Association of School Boards, the Alabama Association of School Boards shall pay the employer costs calculated as a percentage of the salaries of those employees to be contributed as employer in accordance with subdivisions (3) and (5) of Section 16-25-21. Such amounts shall be paid monthly and at the same time as the member contributions are made to the Teachers’ Retirement System.

(c) The governing body of the Alabama Association of School Boards may provide in its resolution to the Teachers’ Retirement System’s Board of Control that all service rendered by an eligible employee or executive officer to said association previous to the effective date of said association’s election to come under the Teachers’ Retirement System shall be creditable service to such employee or executive officer; provided, that any such provision shall apply only to those employees and officers who were in the active service of the association on the effective date of said association’s election to be covered under the Teachers’ Retirement System; provided further, that the said resolution shall also state that the Alabama Association of School Boards shall assume and pay, as required, all costs necessary to fund the crediting of such previous service, such costs to be determined by the actuary employed by the Teachers’ Retirement System’s Board of Control.
Ala. Code § 16-26C-9 — Alabama Code / Title 16 / Chapter 26C / Section 16-26C-9
Section 16-26C-9 Management and Disbursement of Assets and Earnings
Status: reserved

Repealed by Act 2014-372, §2, effective April 9, 2014.
Ala. Code § 16-17-6 — Alabama Code / Title 16 / Chapter 17 / Section 16-17-6
Section 16-17-6 Officers of Authority
Status: in_force

The officers of an authority shall consist of a chairman, vice-chairman, secretary, treasurer and such other officers as its board shall deem necessary or appropriate. The offices of secretary and treasurer may but need not be held by the same person. The chairman and vice-chairman of an authority shall be elected by the board from its membership; the secretary, the treasurer and any other officers of the authority may but need not be members of the board and shall also be elected by the board. The chairman and vice-chairman of the authority shall also be the chairman and vice-chairman of the board, respectively.
Ala. Code § 16-25-40 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-40
Section 16-25-40 Persons Whose Date of Retirement Is Prior to October 1, 1987 or Beneficiaries of Deceased Members or Retirees Entitled to Cost of Living Increases
Status: in_force

There is hereby provided, commencing October 1, 1988, to each person whose effective date of retirement for purposes of receiving benefits from the Teachers’ Retirement System is prior to October 1, 1987, and to beneficiaries of deceased members or deceased retirees provided the date of death for such deceased member or the effective date of retirement for such deceased retiree for purposes of receiving benefits from the Teachers’ Retirement System was prior to October 1, 1987, and who is receiving a monthly allowance from the Teachers’ Retirement System a cost-of-living increase 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.
Ala. Code § 16-61-6 — Alabama Code / Title 16 / Chapter 61 / Section 16-61-6
Section 16-61-6 University Foundations to Maintain and Invest Funds; Limitation on Total Amount of Grants Received; Annual Report
Status: in_force

The foundation serving a university shall have the responsibility for the maintenance and investment of its fund and for the administration of the program at that university. The governing board of each foundation shall be responsible for soliciting and receiving gifts to be used as matching funds to be deposited and matched with challenge grants from the Alabama Trust Fund for Eminent Scholars for the establishment of the endowments for the specified university. Once an endowment is established and operating, there may be further challenge grants to be matched for the establishment of more chairs. The total amount of challenge grants received by a university foundation shall not exceed its equal share of the amount appropriated to the Alabama Trust Fund for Eminent Scholars plus its equal share of any funds unmatched by other university foundations by September 30, 1987. Through the 1987-88 fiscal year, the Alabama Commission on Higher Education shall include in its annual report to the Legislature information concerning distribution of the appropriation, and accrued interest thereon, of the Alabama Trust Fund for Eminent Scholars.
Ala. Code § 16-4-3 — Alabama Code / Title 16 / Chapter 4 / Section 16-4-3
Section 16-4-3 Bond
Status: in_force

Before entering upon the duties of his office, the State Superintendent of Education shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the State Board of Education, for the faithful performance of his duties.
Ala. Code § 16-60-61 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-61
Section 16-60-61 Treasurer - Generally
Status: in_force

The board of trustees shall also elect a treasurer for the college who shall not be a trustee. The treasurer shall receive, hold and pay out all moneys belonging to the college, or that may be paid in for the necessary expenses of any student in the college, or for the use and benefit of any such student. The treasurer shall hold office for the term and receive the compensation fixed for such office by the board of trustees. Before entering upon his duties, the treasurer must give bond in such penalty as the trustees prescribe, payable to the college, conditioned that he will faithfully receive, safely keep and lawfully pay out, and promptly, fully and fairly account for all money or choses in action which may come to him by virtue of his office, and the trustees may require a new bond, or an additional bond, whenever, in their opinion, the interests of the college require it.
Ala. Code § 16-25-140 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-140
Section 16-25-140 Increase in Benefits to Members and Beneficiaries
Status: in_force

(a) Commencing October 1, 2000, there is provided an increase in benefits to each person currently receiving benefits whose effective date of retirement was prior to October 1, 2000, for purposes of receiving benefits, and to certain beneficiaries of deceased members and deceased retirees currently receiving survivor benefits, if the effective date of retirement or death for the deceased retiree or deceased member was prior to October 1, 2000, for purposes of receiving benefits from the Teachers’ Retirement System, a cost-of-living adjustment (COLA) of four percent of the current gross benefit. In no case shall the COLA be less than fifteen dollars ($15) per month.

(b) Commencing October 1, 2000, there is provided an increase in benefits to certain persons identified in this subsection who are currently receiving benefits whose effective date of retirement was prior to October 1, 2000, for purposes of receiving benefits from the Employees’ Retirement System, and to certain beneficiaries of deceased members and deceased retirees who are currently receiving survivor benefits if the effective date of retirement or death for the deceased member or retiree was prior to October 1, 2000, for purposes of receiving benefits from the Employees’ Retirement System shall receive a cost-of-living adjustment (COLA) of four percent of the current gross benefit. In no case shall the COLA be less than fifteen dollars ($15) per month. The benefits provided in this subsection are limited to those 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 in this subsection shall not apply to any other participants in the Employees’ Retirement System.

(c) Any future survivor allowance shall be adjusted as provided in the members’ original option selection for those eligible retirees who have selected a monthly survivor allowance payable to a designated beneficiary upon the death of the retiree, or as otherwise provided by law in the case of a qualifying member who dies prior to October 1, 2000.

(d) Any person who receives benefits under the Medicaid program and whose eligibility for the benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the increase. Any person who shall subsequently apply for benefits under the Medicaid program and who would have his or her eligibility to receive benefits impaired by the cost-of-living increase provided by this article, shall not be entitled to receive the increase after the date that the member files application for benefits under the Medicaid program.

(e) For the fiscal year beginning October 1, 2001, and each year thereafter, the cost of the cost-of-living adjustment provided in this article shall be financed as provided in Section 16-25-21.
Ala. Code § 16-52-6 — Alabama Code / Title 16 / Chapter 52 / Section 16-52-6
Section 16-52-6 Board of Trustees - Powers as to Organization and Administration of University
Status: in_force

The board of trustees has the power to organize the university by appointing a corps of instructors, who shall be styled the faculty of the university, and such other instructors and officers as the interest of the university may require; and to remove any such instructors or other officers and to fix their salaries or compensation and increase or reduce the same at its discretion; to regulate, alter or modify the government of the university, as it may deem advisable; to prescribe courses of instruction, rates of tuition and fees; to confer such academic and honorary degrees as are usually conferred by institutions of similar character; and to do whatever else it may deem best for promoting the interest of the university.
Ala. Code § 16-46-4 — Alabama Code / Title 16 / Chapter 46 / Section 16-46-4
Section 16-46-4 False Statements; Promises of Employment; Fraud
Status: in_force

No person shall do any of the following:

(1) Make or cause to be made any statement or representation, oral, written, or visual, in connection with the operation of a school or the offering of a course, if such person knows or reasonably should know the statement or representation to be false, inaccurate, or misleading.

(2) Promise or guarantee employment utilizing information, training, or skill purported to be provided or otherwise enhanced by a course or school, unless such person offers the student or prospective student a bona fide contract of employment agreeing to employ the student or prospective student for a period of not less than six months in a business or other enterprise regularly conducted by him or her and in which such information, training, or skill is a normal condition of employment.

(3) Do any act constituting part of the conduct of operating a school or administration of a course or the obtaining of students therefor if such person knows or reasonably should know that any phase or incident of the conduct or operation of the school or administration of the course is being carried on by the use of fraud, deception, or other misrepresentation or by a person or persons operating a school without a license or soliciting students without a permit provided for by this chapter.
Ala. Code § 16-30A-7 — Alabama Code / Title 16 / Chapter 30A / Section 16-30A-7
Section 16-30A-7 Attendance and Activities of Students with Diabetes
Status: in_force

(a) For the purposes of this section, the term “medical condition” refers to a diabetic condition or an adrenal insufficiency.

(b) A student with a medical condition in public school may attend the school the student would otherwise attend if the student did not have that medical condition, and the medical care specified in Section 16-30A-5 shall be provided at the school. A school system may not restrict a student who has a medical condition from attending any school on the basis of that medical condition, that the school does not have a full-time school nurse, or that the school does not have trained unlicensed medication assistants. A student with a medical condition may participate in extracurricular and co-curricular activities to the same extent as a student without a medical condition. In addition, a school shall not require or pressure parents or guardians to provide care for a student with a medical condition at school or at school-sponsored activities in which the student is a direct participant as set forth in Section 16-30A-5. However, if the parent or guardian of a student with a medical condition does not supply the medication, the order from a physician, certified registered nurse practitioner operating under a valid collaborative agreement, or physician assistant operating under a valid supervisory agreement, supplies, or a signed parental and prescriber authorization, the parent or guardian shall be responsible for providing medical care to the student at school or at school-sponsored activities in which the student is a direct participant.
Ala. Code § 16-1-3 — Alabama Code / Title 16 / Chapter 1 / Section 16-1-3
Section 16-1-3 Photographing or Microphotographing Records - Authorized; Force and Effect
Status: in_force

The State Superintendent of Education and each of the several city and county superintendents of education may cause any records, documents, books, papers or writing made, acquired or received as required by law to be photographed or microphotographed, on plate or film. Such photographs, microfilms or prints made therefrom, when duly authenticated by the custodian thereof, shall have the same force and effect at law as the original record, or of a record made by any other legally authorized means, and may be offered in like manner and shall be received in evidence in any court where such original record, or record made by other legally authorized means, could have been so introduced and received.
Ala. Code § 16-60-339 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-339
Section 16-60-339 Enrollment
Status: in_force

It is the intent of the Legislature that Marion Military Institute shall be allowed to honor its commitment to all students enrolled in any program as of March 13, 2006. No student who is below the college level shall be enrolled after March 13, 2006.
Ala. Code § 16-2-3 — Alabama Code / Title 16 / Chapter 2 / Section 16-2-3
Section 16-2-3 Organization
Status: in_force

By action of the State Board of Education, upon recommendation of the State Superintendent of Education, the department shall be organized into such divisions and services as may be found necessary to carry on its work efficiently.
Ala. Code § 16-11-4 — Alabama Code / Title 16 / Chapter 11 / Section 16-11-4
Section 16-11-4 Office of Board
Status: in_force

The office of the city board of education shall be in the principal school building of the respective city, unless otherwise adequately provided for. The city board of education shall provide the city superintendent of schools, his professional and clerical assistants with ample, convenient and comfortable office quarters and with adequate clerical supplies and equipment.
Ala. Code § 16-54-13.1 — Alabama Code / Title 16 / Chapter 54 / Section 16-54-13.1
Section 16-54-13.1 Employment, Powers, and Duties of University Police Officers
Status: in_force

(a) The President of the University of Montevallo, with the approval of the board of trustees, is hereby authorized to appoint and employ suitable persons to act as police officers to keep off intruders and prevent trespass upon and damage to the property and grounds of the university. Such persons shall be charged with all the duties and invested with all the powers of police officers and may eject trespassers from the university buildings and grounds and may, without a warrant, arrest any person guilty of disorderly conduct or of trespass upon the property of the university, or for any public offense committed in their presence, and carry them before the nearest municipal or district court, before which, upon proper affidavit charging the offense, any person so arrested may be tried and convicted as in cases of persons brought before him on his warrant. Such officers shall have authority to summon a posse comitatus and may, with a warrant, arrest any person found upon or near the premises of the university who are charged with any public offense and take them before the proper officer.

(b) The police officers provided for in this section shall cooperate with and, when requested, may furnish assistance to the regularly constituted authorities of the City of Montevallo and their jurisdiction and authority shall be coextensive with the corporate limits of the municipality.