Ala. Code § 16-18A-2 — Alabama Code / Title 16 / Chapter 18A / Section 16-18A-2
Section 16-18A-2 Definitions
Status: in_force

As used in this chapter, the following words and terms shall have the following meanings unless the context clearly indicates otherwise:

(1) AUTHORITY. The Private Colleges and Universities Facilities Authority created by this chapter and any successor or successors thereto. Any change in name or composition of the authority shall in no way affect the vested rights of any person under the provisions of this chapter.

(2) PROJECT. A structure or structures available for use as a dormitory or other student housing facility, a dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility, health care facility, maintenance, storage or utility facility and other structures or facilities related thereto or required or useful for the instruction of students or the conducting of research or the operation of an institution of higher education, whether proposed, under construction or completed, including parking and other facilities or structures essential or convenient for the orderly conduct of such institution for higher education, and shall also include landscaping, site preparation, furniture, equipment and machinery and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended but shall not include any items the costs of which are customarily deemed to result in a current operating charge, and shall not include any facility used or to be used for sectarian instruction or as a place of religious worship nor any facility which is used or to be used primarily in connection with any part of the program of a school or department of divinity for any religious denomination.

(3) COSTS. As applied to a project or any portion thereof financed under the provisions of this chapter, all or any part of the cost of construction, acquisition, alteration, enlargement, reconstruction and remodeling of a project including all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, permits, approvals, licenses and certificates and the securing of such permits, approvals, licenses and certificates, and interests acquired or used for or in connection with a project, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved, the cost of all machinery and equipment, financing charges, underwriters’ commissions or discounts, interest prior to, during and for a period of six months following estimated completion of such construction and acquisition, provisions for reserves for principal and interest and for extensions, enlargements, additions and improvements, the cost of architectural, engineering, financial and legal services, plans, specifications, studies, surveys, estimates of cost and revenues, administrative expenses, expenses necessary or incident to determining the feasibility or practicability of constructing the project and such other expenses as may be necessary or incident to the construction and acquisition of the project, the financing of such construction and acquisition and the placing of the project in operation. All funds paid or advanced for any of the purposes aforesaid by any institution for higher education prior to the issuance of any of the authority’s revenue bonds may be refunded to such institution out of the proceeds of any revenue bonds so issued. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under the provisions of this chapter for such project.

(4) BONDS or REVENUE BONDS. Revenue bonds of the authority issued under the provisions of this chapter, including revenue refunding bonds, notwithstanding that the same may be secured by a mortgage or the full faith and credit of a participating institution for higher education or any other lawfully pledged security of a participating institution for higher education.

(5) INSTITUTION FOR HIGHER EDUCATION. A not-for-profit educational institution which is not owned or controlled by the state or any political subdivision, agency, instrumentality, district or municipality thereof, which is authorized by law to provide a program of education beyond the high school level and which:

a. Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; and

b. Provides an educational program for which it awards a bachelor’s degree, or provides an educational program, admission into which is conditioned upon the prior attainment of a bachelor’s degree or its equivalent, for which it awards a post-graduate degree, or provides not less than a two-year program which is acceptable for full credit toward such a degree; and

c. Is accredited by a nationally recognized accrediting agency or association or, if not so accredited, is an institution whose credits are accepted, on transfer, by the University System of Alabama and its educational units for credit on the same basis as if transferred from an institution so accredited.

(6) PROPERTY. Any real, personal or mixed property, or any interest therein, including, without limitation, any real estate, appurtenances, buildings, easements, equipment, furnishings, furniture, improvements, machinery, rights-of-way and structures, or any interest therein.

(7) REVENUES. With respect to any project, the rents, purchase installments, loan repayment proceeds, fees, charges and other moneys derived by the authority therefrom in connection with the lease, sale or financing thereof.
Ala. Code § 16-30-3 — Alabama Code / Title 16 / Chapter 30 / Section 16-30-3
Section 16-30-3 Exceptions to Chapter
Status: in_force

The provisions of this chapter shall not apply if:

(1) In the absence of an epidemic or immediate threat thereof, the parent or guardian of the child shall object thereto in writing on grounds that such immunization or testing conflicts with his religious tenets and practices; or

(2) Certification by a competent medical authority providing individual exemption from the required immunization or testing is presented the admissions officer of the school.
Ala. Code § 16-13-194 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-194
Section 16-13-194 School Tax District - Consolidation - Generally
Status: in_force

When it shall seem desirable to enlarge any school tax district by consolidating with it any adjacent territory or district, which may or may not be levying any special school tax, the county board of education may petition the county commission to call an election in all of the districts concerned, including the school tax district proposed to be enlarged to determine whether a special tax for a uniform rate and time shall be voted in each and every one of the districts. The proposed rate and time shall not be less than the maximum rate in any school tax district or the maximum time in any such district.
Ala. Code § 16-6I-2 — Alabama Code / Title 16 / Chapter 6I / Section 16-6I-2
Section 16-6I-2 Definitions
Status: in_force

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

(1) ASSISTANT PRINCIPAL. An individual who is certified for the position of assistant principal, as prescribed by the board, and who is employed full-time by a local board of education as an administrator of a public school to assist the principal in managing and leading the school. This term includes a Career and Technical Education Building Administrator, Alternative School Administrator, or similar position approved by the State Department of Education, who is housed full-time at a standalone facility who assists with overseeing the day-to-day schedule and operations in that facility and helps supervise teachers at that facility in a full-time capacity.

(2) BOARD. The State Board of Education.

(3) DEPARTMENT. The State Department of Education.

(4) DESIGN TEAM. The group of individuals appointed to design the Alabama Principal Leadership Development System including, but not limited to, school leadership standards, principal leadership framework, design of a leadership academy, ongoing professional learning, mentoring, evaluation system, or any other aspect the design team determines necessary for the growth and development of successful school administrators.

(5) HIGH-POVERTY SCHOOL. A school that has a direct certification of free and reduced federal lunch student percentage of 75 percent or greater as determined by the most recent data posted.

(6) LOW-PERFORMING SCHOOL. Any school that is identified as a Comprehensive Support and Improvement School, a school with a D or F grade as defined by the Alabama Education Report Card, Chapter 6C, or a full support school as defined by the Alabama Literacy Act, Chapter 6G, or the Alabama Numeracy Act, Chapter 6H.

(7) MENTORING. A long-term relationship between a new principal mentee and a trained principal mentor that fosters the professional, academic, or personal development of the principal mentee.

(8) NEW PRINCIPAL. A principal who is serving in his or her first or second year as a principal.

(9) PRINCIPAL. An individual who is certified for the position of principal, as prescribed by the board, and who is employed full-time by a local board of education as the chief school administrator of a public school. The term includes a Career and Technical Education Building Administrator, Alternative School Administrator, or similar position approved by the State Department of Education, who is housed full-time at a standalone facility, oversees the day-to-day schedule and operations in that facility, and supervises teachers at that facility in a full-time capacity.

(10) PRINCIPAL MENTEE. A new principal who is participating in a mentoring relationship with a more experienced principal through which the principal may further define and articulate core values, grow instructional leadership competencies, and develop professional confidence.

(11) PRINCIPAL MENTOR. An experienced school administrator who guides new principals in defining and articulating core values, growing instructional leadership competencies, and developing professional confidence.

(12) PROFESSIONAL LEARNING. A comprehensive, sustained, job-embedded, and collaborative approach to improving the effectiveness of principals in elevating student achievement through professional study.

(13) PROFESSIONAL LEARNING UNIT. A content-driven, long-term unit of professional study for instructional leaders that fully addresses all knowledge and ability indicators under at least one of the Alabama Standards for School Leaders, or a professional study that constitutes a professional learning unit that requires multiple professional learning experiences over time and is aligned with the Alabama Standards for School Leadership, the Principal Leadership framework, and the Alabama Standards for Professional Learning.

(14) PROGRAM. The Alabama Principal Leadership Development System created by this chapter.

(15) SCHOOL. A public school located in the state and providing instruction in grades preK-12, or any configuration of those grades.

(16) SCHOOL ADMINISTRATOR. Includes principals and assistant principals.

(17) SUPERINTENDENT. The State Superintendent of Education.
Ala. Code § 16-22-3 — Alabama Code / Title 16 / Chapter 22 / Section 16-22-3
Section 16-22-3 Employment of Teachers, Janitors, Food Handlers or Bus Drivers with Tuberculosis
Status: in_force

It shall be unlawful for school authorities to employ teachers, janitors, food handlers or bus drivers who have tuberculosis in an infectious stage. Every board of education shall require a physical examination for tuberculosis, including adequate laboratory tests and X rays, of all such employees of the board at least once in three years. Such examinations, tests and X rays shall be made by the several county health departments; or an employee may be examined at his own expense by any other duly licensed doctor of medicine who is a specialist in the treatment of the disease of tuberculosis of his own choosing. If the result of such examination indicates the presence of tuberculosis in an infectious stage, the employee shall be ineligible for further service until satisfactory proof of recovery is furnished. It shall be unlawful for any school official to employ this section as a means of discharging any teacher or other employee for any reason other than failure to comply with the provisions of this section; and, upon proof thereof, the same shall constitute malfeasance in office and shall be grounds for his removal therefrom.
Ala. Code § 16-46-2 — Alabama Code / Title 16 / Chapter 46 / Section 16-46-2
Section 16-46-2 Declaration of Policy
Status: in_force

It is hereby generally recognized that courses of postsecondary instruction, whether given in residence, by mail, or electronically online, result in substantial benefits for students pursuing such courses, provided that such courses are designed and administered in accordance with recognized educational standards and practices. It is also recognized that persons taking such courses and postsecondary institutions offering such courses should be afforded additional protection under the laws of this state. It is the purpose of this chapter to supplement the general law of fraud of this state so as to provide for students, postsecondary institutions, and the general public such added protection.
Ala. Code § 16-22A-3 — Alabama Code / Title 16 / Chapter 22A / Section 16-22A-3
Section 16-22A-3 Definitions
Status: in_force

When used in this chapter only, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) APPLICANT. A certified or noncertified individual who submits an application for employment to a local employing board or any nonpublic school, to act in any capacity in which the individual will have unsupervised access to children in an educational environment.

(2) APPLICANT FOR CERTIFICATION. An individual who submits an application for certification issued by the State Superintendent of Education.

(3) AUTHORIZED EMPLOYER. Any educational entity authorized to obtain criminal history background information, including the State Department of Education, local employing boards, and nonpublic schools which are responsible for hiring employees or contracting with private employers to provide personnel who have unsupervised access to children in an educational setting.

(4) CERTIFIED APPLICANT FOR EMPLOYMENT. A certified individual who submits an application for employment to a local employing board or any nonpublic school to act in any capacity in which the individual will have unsupervised access to children in an educational environment.

(5) CHIEF EXECUTIVE OFFICER. The State Superintendent of Education; the superintendent of any public county or city school system; the President of the Alabama Institute for Deaf and Blind; the Executive Director of the Alabama School of Fine Arts; the Superintendent of the Department of Youth Services School District; the Executive Director of the Alabama High School of Mathematics and Science; the superintendent of any nonpublic school, or in the absence of a superintendent, the headmaster of any nonpublic school; and the head of any department or employer covered by this chapter but not specifically enumerated herein.

(6) CHILD or CHILDREN. Any person under the age of 19 years, or any youth who suffers from a disability thereby rendering the youth a child for the purpose of receiving elementary and secondary education at public expense, notwithstanding their chronological age.

(7) CRIMINAL HISTORY BACKGROUND INFORMATION CHECK. The review of any and all records containing any information collected and stored in the criminal record repository of the Federal Bureau of Investigation, the Alabama Department of Public Safety, or any other repository of criminal history records, involving a pending arrest or conviction by a criminal justice agency, including, but not limited to, child abuse crime information as defined by 42 U.S.C. 5119, the National Child Protection Act of 1993, conviction record information, fingerprint cards, correctional induction and release information, identifiable descriptions and notations of convictions; provided, however, dissemination of such information is not forbidden by order of any court of competent jurisdiction or by federal law. Criminal history background information shall not include any analytical records or investigative reports that contain criminal intelligence information or criminal investigation information.

(8) CURRENT EMPLOYEE.

a. Any person who is employed by a local employing board or nonpublic school who has or seeks to have unsupervised access to a child or children in an educational setting.

b. Any person employed to serve an authorized employer as defined in this chapter, including those individuals that provide services to local employing boards or nonpublic schools, when the person so employed has unsupervised access to children in an educational environment.

(9) CURRENT EMPLOYEE UNDER REVIEW. Any current employee whose professional certificate or employment status is under review based upon reasonable suspicion.

(10) CURRENT PUBLIC CERTIFIED EMPLOYEE.

a. Any person certified by the State Superintendent of Education who is employed by a local employing board and who has or seeks to have unsupervised access to a child or children in an educational setting.

b. Any person certified by the State Superintendent of Education who is employed to serve a local employing board, including those individuals that provide services to local employing boards, when the person so employed has unsupervised access to children in an educational environment.

c. Any person certified by the State Superintendent of Education who is employed by the State Department of Education and whose responsibilities include work in the public schools of the state, as determined by the State Superintendent of Education.

(11) CURRENT PUBLIC NONCERTIFIED EMPLOYEE.

a. Any person not certified by the State Superintendent of Education who is employed by a local employing board and who has or seeks to have unsupervised access to a child or children in an educational setting.

b. Any person not certified by the State Superintendent of Education who is employed to serve a local employing board, including those individuals that provide services to local employing boards, when the person so employed has unsupervised access to children in an educational environment.

c. Any person not certified by the State Superintendent of Education who is employed by the State Department of Education and whose responsibilities include work in the public schools of the state, as determined by the State Superintendent of Education.

(12) EDUCATIONAL ENVIRONMENT OR SETTING. Any building, structure, or location whether public or private property, or vehicle, utilized to or involved in the providing of education, training, instruction, or supervision to children or transportation in connection with such activity provided by a local employing board or nonpublic school.

(13) LOCAL EMPLOYING BOARD. Any public county or city school system which falls under the jurisdiction of the State Board of Education and the State Superintendent of Education, the Alabama Institute for Deaf and Blind, the Alabama School of Fine Arts, the Department of Youth Services School District, the Alabama High School of Mathematics and Science, and any public educational employer covered by this chapter but not specifically enumerated herein.

(14) NONCERTIFIED APPLICANT FOR EMPLOYMENT. Any person not certified by the state who submits an application for employment to a local employing board or any nonpublic school, to act in any capacity in which the individual will have unsupervised access to children in an educational environment.

(15) NONPUBLIC SCHOOL. Any nonpublic or private school, including parochial schools, not under the jurisdiction of the State Superintendent of Education and the State Board of Education, yet providing educational services to children. Parents engaged in the home schooling of their own children are specifically excluded from this chapter.

(16) REASONABLE SUSPICION. Belief by a prudent person that reasonable articulable grounds exist to suspect that the past or present behavior of an employee should be reviewed to determine if such behavior or conduct bears upon the fitness of the employee to teach or have responsibility for the safety and well-being of children, or both, as defined in this chapter.

(17) SUITABILITY CRITERIA.

a. Suitability Criteria for Nonpublic Employment. Pertains to an applicant for employment, nonpublic current employee, or a current employee under review in a nonpublic school. An individual who has not been convicted of a child abuse crime, as defined herein as a crime committed under the law of the state that involves the physical or mental injury, sexual abuse or exploitation, or maltreatment of a child, shall be deemed suitable for employment.

b. Suitability Criteria for Public Employment. Pertains to an applicant for certification, certified applicant for employment, current public certified employee, current public noncertified employee, and current employee under review in a public school. An individual who has not been convicted of a child abuse crime, as defined herein as a crime committed under the law of the state that involves the physical or mental injury, sexual abuse or exploitation, or maltreatment of a child, or who has not been convicted of a crime which would bear upon the fitness of the employee to teach or have responsibility for the safety or well-being of children, or both, shall be deemed suitable for employment. Factors considered in determining whether a conviction bears a reasonable relationship to the fitness of a current employee or applicant include:

1. The likelihood that the conduct may adversely affect children or fellow employees.

2. The degree of such adversity anticipated.

3. The proximity or remoteness in time of the conduct.

4. The type of certificate held by the individual, if applicable.

5. Any extenuating or aggravating circumstances surrounding the conduct.

6. The praiseworthiness or blameworthiness of the motives resulting in the conduct.

7. The likelihood of the recurrence of the questioned conduct.

8. The extent to which disciplinary or employment action may inflict an adverse impact or chilling effect upon the constitutional rights of the individual or other employees.

9. Any other factor that is relevant to determining whether the individual is fit to have unsupervised access to a child or children.

(18) UNSUPERVISED ACCESS TO A CHILD OR CHILDREN. During the providing of education, training, instruction, supervision to children, or other employment related activities or responsibilities, a person would have unaccompanied control, governance, or contact with a child or children.

(19) WRITTEN CONSENT. A signed statement by the applicant, a current employee, or a current employee under review containing all of the following:

a. The name, address, date of birth, race, gender, and Social Security number appearing on a valid identification document as defined in subsection (d) of 18 U.S.C. 1028.

b. A statement that the applicant or current employee under review has not been convicted of a crime that bears upon the fitness of the applicant or employee to teach or to have responsibility for the safety and well-being of children as defined in this chapter, and if convicted of such a crime, a description of the crime and the particulars of the conviction.

c. Notice to the applicant or current employee under review, where reasonable suspicion exists regarding the current employee, that a background information check is going to be requested.

d. Notice to the applicant, current employee, or current employee under review who is the subject of the background information check of the right to obtain a copy of the background information check report, challenge the accuracy and completeness of any information contained in the report, and to obtain a prompt determination as to the validity of such challenge before a decision to retain or hire for employment is made by the employer.

e. Notice to the applicant or current employee under review that before a background information check is made, the applicant may be denied unsupervised access to children or the opportunity to serve based upon the information contained in the criminal history background information check or that employment or service or both may be restricted by the employing entity according to written policy.

f. Notice to the applicant that refusal to give written permission for a criminal history background information check will result in the applicant not being hired.

g. Notice to the applicant that failure to reveal a prior conviction that would bear upon the fitness of the individual to teach or to have responsibility for the safety and well-being of children, or any other convictions, may cause the applicant, if later employed, to face dismissal, in accordance with existing applicable statutes, for falsifying the employment application information.

h. Notice to the applicant, current employee, or current employee under review of his or her due process rights.

i. Notice to the applicant, current employee, or current employee under review, seeking employment or employed by a nonpublic school, that the State Superintendent of Education will provide a suitability determination based upon the Alabama Bureau of Investigation and Federal Bureau of Investigation criminal history background information reports and the suitability criteria for nonpublic employment defined herein to the chief executive officer of the nonpublic school.
Ala. Code § 16-24B-3.1 — Alabama Code / Title 16 / Chapter 24B / Section 16-24B-3.1
Section 16-24B-3.1 Principals - Cancellation of Contract
Status: in_force

(a) Notwithstanding any other provision of this chapter, the employment contract of a principal or contract principal, whose certificate is revoked by the State Superintendent of Education pursuant to subsection (b) of Section 16-23-5, shall be immediately cancelled, any provision of Section 16-24B-3 to the contrary notwithstanding.

(b) If the conviction resulting in the revocation of the certificate pursuant to subsection (b) of Section 16-23-5 is overturned on appeal, the State Superintendent of Education, upon receipt of notice of the reversal shall immediately reinstate the certificate of the principal or contract principal, and the local board of education, at its discretion, shall place the principal or contract principal 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 principal or contract principal is reinstated or a new employment contract is entered into, the principal or contract principal, 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 local board of education from pursuing other legal action against the principal or contract principal based upon the underlying circumstances of the conviction.
Ala. Code § 16-33C-4.1 — Alabama Code / Title 16 / Chapter 33C / Section 16-33C-4.1
Section 16-33C-4.1 Composition of Pact Board
Status: in_force

(a) The PACT board shall consist of 15 members as follows:

(1) The Director of Finance.

(2) The State Treasurer.

(3) Two persons appointed by the Governor.

(4) Two persons appointed by the Speaker of the House of Representatives, one of whom shall be a PACT contract holder.

(5) One person appointed by the Lieutenant Governor.

(6) One person appointed by the Senate President Pro Tempore.

(7) The President of the Council of College and University Presidents or his or her designee.

(8) The Chancellor of the Postsecondary Education Department or his or her designee.

(9) The Executive Director of the Alabama Commission on Higher Education.

(10) One member of the House of Representatives appointed by the Speaker of the House of Representatives.

(11) One member of the Senate appointed by the Lieutenant Governor.

(12) The Chief Executive Officer of the Retirement Systems of Alabama or his or her designee.

(13) The President of the Alabama Association of Independent Colleges and Universities or his or her designee.

(b) Members shall serve for terms of office of four years and shall be eligible for reappointment, and shall serve until a successor is appointed. Any person appointed to fill a vacancy on the PACT board shall be appointed in a like manner and shall serve for only the unexpired term.

(c) With the exception of those members serving on the PACT board by virtue of their respective offices, a person appointed to the PACT board shall be an expert in the field of investments, market analysis, or financial planning, or on similar matters commensurate with the duties and responsibilities of the plan. Additionally, all members of the PACT board have the fiduciary responsibility to devise and implement an investment strategy designed to maximize investment returns in a manner that correlates with future projected benefit payouts.

(d) Members of the PACT board shall serve without compensation, but may be reimbursed for each day’s official duties of the PACT board at the same per diem and travel rate as is paid the employees of the state.

(e) The State Treasurer shall be the chair and presiding officer of the PACT board, and the State Treasurer may appoint such other officers as the PACT board may deem advisable or necessary. A majority of the members of the PACT board shall constitute a quorum for the transaction of the business of the plan.

(f) The membership of the PACT board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The PACT board shall annually report to the Legislature by the fifth legislative day of each regular session the extent to which the PACT board has complied with the diversity provisions provided for in this subsection.
Ala. Code § 16-60-217 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-217
Section 16-60-217 Donations May Be Accepted
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 16-50-4 — Alabama Code / Title 16 / Chapter 50 / Section 16-50-4
Section 16-50-4 Powers and Duties of University Police Officers
Status: in_force

(a) The President of Alabama State University, 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 vested with all the powers of police officers and may eject trespassers from the university buildings and grounds and may, without warrant, arrest any persons 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 court or officer charged with the trial of such offenders, before whom, 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, and such officers shall have authority to summon a posse comitatus and may, with a warrant, arrest any persons found upon or near the premises of the university 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, furnish assistance to the regularly constituted authorities of the City of Montgomery; and their jurisdiction and authority shall be coextensive with the corporate limits of the municipality.
Ala. Code § 16-24-62 — Alabama Code / Title 16 / Chapter 24 / Section 16-24-62
Section 16-24-62 Rate of Pay
Status: in_force

The hourly rate of pay for each part-time teacher shall be determined by placement on the State Salary Schedule or, if greater, the local salary schedule, based upon experience and degree attained. Using a six and one-half hour work day and 182 days as the standard annual contract, the hourly rate for the appropriate step on the schedule shall be calculated and the result multiplied by the number of hours taught by the part-time teacher during the regular school day to determine the salary to which such teacher is entitled.
Ala. Code § 16-30-2 — Alabama Code / Title 16 / Chapter 30 / Section 16-30-2
Section 16-30-2 Responsibilities of Parents
Status: in_force

It shall be the responsibility of the parents or guardians of children to have their children immunized or tested as required by Section 16-30-1.
Ala. Code § 16-18-10 — Alabama Code / Title 16 / Chapter 18 / Section 16-18-10
Section 16-18-10 Remedies Under Lease Agreements
Status: in_force

If there is any default in the payment of any rental required to be paid or in the performance of any covenant required to be performed by any educational institution under the provisions of any lease agreement between such educational institution and an authority, the authority and any pledgee of such lease agreement, or either, may by appropriate proceedings enforce and compel payment of such rental and performance of such covenant.
Ala. Code § 16-33D-6 — Alabama Code / Title 16 / Chapter 33D / Section 16-33D-6
Section 16-33D-6 Awards; Renewal; Funding. (Amended by Act 2026-304)
Status: in_force

AMENDED BY ACT 2026-304, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) The program shall be used to provide grant award payments for eligible adult learners up to the maximum award amount of three thousand dollars ($3,000) for universities and one thousand five hundred dollars ($1,500) for community colleges per academic semester for a full-time student. Proportional awards shall be given for students taking six to 11 hours and students enrolled in less common academic terms, such as quarters, Summer terms, and intersessions.

(b) Each grant shall be renewable for the number of terms normally required by the institution for the course of study in which the adult learner is enrolled as long as the student is continuously enrolled until the student receives an associate degree or a baccalaureate degree. The commission shall grant a renewal upon verification that the student remains an eligible student.

(c) Grant award payments shall be distributed directly to the approved institution on behalf of the student during the applicable year.

(d) The requirements of this chapter are contingent upon available funding for the program.

(e) The commission shall determine the necessary procedures for awarding grant award payments if the number of eligible applicants and recipients exceeds available funding.

(f) Any funds appropriated to the program shall be nonreverting.

(g) A percentage of the grant program’s appropriations may be expended for the operation and maintenance of the program.

(h) Each authorized institution that enrolls an adult learner who is eligible for the tuition and mandatory fees benefits provided by this program shall take necessary action to ensure that the student is aware of all other benefits that he or she may be entitled to under any other federal and state educational benefits, and any student grant or scholarship. In order to receive the benefits provided by this program, the student shall take the necessary steps to utilize all of the above benefits.
Ala. Code § 16-6I-5 — Alabama Code / Title 16 / Chapter 6I / Section 16-6I-5
Section 16-6I-5 Annual Supplements
Status: in_force

(a) Any appropriation by the Legislature shall be used, in part, to fund salary supplements and related benefit costs for school administrators and other costs relating to the program.

(b)(1) The department shall provide an annual supplement of up to ten thousand dollars ($10,000) to any principal and up to five thousand dollars ($5,000) to any assistant principal who successfully completes the program, is employed full-time in a public preK-12 school, and is properly certified by the state. The department shall provide additional supplements of up to five thousand dollars ($5,000) to any principal and up to two thousand five hundred dollars ($2,500) to any assistant principal serving in a low-performing school or high-poverty school. The amount of any supplement provided by this subdivision is subject to appropriations by the Legislature. Successful completion of the program shall consist of the following:

a. Beginning with all then currently employed principals and assistant principals, as of October 1, 2024, annual completion of five additional days of approved, high-quality professional learning as described in Section 16-6I-4.

b. Beginning with all newly employed, first-time principals, as of July 1, 2024, or later, annual completion of five additional days of approved, high-quality professional learning and participation in a new school administrator mentor program.

c. Beginning with the 2027-2028 school year, all then currently employed and new principals, in addition to the five additional days of high-quality professional learning, participation in the evaluation system created in Section 16-6I-4.

d. Beginning with the 2029-2030 school year, all then currently employed principals, in addition to the five additional days of high-quality professional learning, participation in the evaluation system created in Section 16-6I-4 and participation in and completion of the year-long leadership academy in accordance with a schedule for completion as developed and disseminated by the superintendent.

e. Beginning with the 2029-2030 school year, for newly employed principals, annual completion of five additional days of high-quality professional learning, participation in the evaluation system created in Section 16-6I-4, participation and ultimately completion of the mentorship program, and participation in and ultimately graduation from the year-long leadership academy.

(2) Notwithstanding subdivision (1), any individual employed as a principal on July 1, 2024, shall be exempt from the mentoring requirement.

(c) Upon completion of the evaluation system, it is the intent of the Legislature that additional supplements be provided to principals who meet or exceed student growth goals as identified through the evaluation system in low-performing schools and high-poverty schools.

(d) On or before January 1, 2024, the superintendent shall submit a report to the Legislature detailing the number of school administrators expected to receive the annual supplement provided in subsection (b) for the 2025 fiscal year. The report shall be submitted to the Chair of the Senate Finance and Taxation Education Committee, Chair of the House Ways and Means Education Committee, and the Legislative Fiscal Officer.
Ala. Code § 16-47-6 — Alabama Code / Title 16 / Chapter 47 / Section 16-47-6
Section 16-47-6 Rights, Franchises, Properties and Privileges Retained
Status: in_force

In addition to the rights, properties, privileges and franchises herein granted, all rights, properties, privileges and franchises heretofore by any act of the Legislature granted to or vested in the University of Alabama shall vest and continue in such corporation.
Ala. Code § 16-44A-6 — Alabama Code / Title 16 / Chapter 44A / Section 16-44A-6
Section 16-44A-6 Board of Directors; Election, Composition, Term
Status: in_force

The board of directors shall be elected at the annual membership meeting, and shall take office immediately upon its adjournment. The board of directors shall consist of 21 citizens, elected by the compact membership as follows: three classes of seven members each, initially elected for terms of one, two, and three years respectively, and thereafter elected for terms of three years each. Vacancies shall be filled by written, mail ballot of the membership. At least five of the members elected shall be black. No member shall be eligible to serve more than two three-year terms consecutively.
Ala. Code § 16-1-19 — Alabama Code / Title 16 / Chapter 1 / Section 16-1-19
Section 16-1-19 Students at Colleges, Universities, Etc., Deemed Residents of State If Parent or Guardian Registered to Vote in State and Employed by Congressman or in Executive Branch of Federal Government on Appointment by President
Status: in_force

Any law or any rule or regulation to the contrary notwithstanding, for the purposes of paying tuition or fees at any college, university or other institution of higher learning, any student shall be considered a resident of this state if one of the student’s parents or legal guardians is a resident of this state for voting purposes and is either a full-time employee of a United States senator or congressman representing this state or a full-time officer or employee of the Executive Branch of the federal government on appointment by the President of the United States.
Ala. Code § 16-45-1 — Alabama Code / Title 16 / Chapter 45 / Section 16-45-1
Section 16-45-1 Organization; Initial Member Institutions
Status: in_force

A consortium is hereby created under the name of the Marine Environmental Sciences Consortium for the purposes set forth herein. The initial member institutions are: Alabama State University; Auburn University; Birmingham Southern College; University of North Alabama; Huntingdon College; Jacksonville State University; Livingston University; Mobile College; Samford University; Springhill College; Troy State University; Tuskegee Institute; The University of Alabama in Birmingham; The University of Alabama in Huntsville; The University of Alabama, Tuscaloosa; University of Montevallo; and University of South Alabama. Institutional membership in the consortium may be increased or decreased under regulations to be established by the board of directors hereinafter provided for.
Ala. Code § 16-8-39 — Alabama Code / Title 16 / Chapter 8 / Section 16-8-39
Section 16-8-39 Reports by County Board to State Board
Status: in_force

The county board of education shall make all the reports required to the State Board of Education at such time, upon such items and in such form and on such blanks as may be prescribed by the State Board of Education.
Ala. Code § 16-5-74 — Alabama Code / Title 16 / Chapter 5 / Section 16-5-74
Section 16-5-74 Student Horizon Database
Status: in_force

(a) The commission shall create an interactive online tool, known as the Student Horizon Database, to publish and provide to individuals information including, but not limited to, the following:

(1) The 50 most popular education programs in colleges, universities, and career and technical education programs in the state based on information collected in Section 16-5-73.

(2) A searchable database capable of comparing all of the following based on users’ selections:

a. Average annual cost, including average financial assistance.

b. Average annual cost, not including any financial assistance.

c. Graduation rate.

d. Average salary after attending, but not completing, a college or university program.

e. Average salary for individuals completing one of the five most popular majors at a college or university.

f. Full-time enrollment.

g. Percentage of students not in default of student loans.

h. Average total debt after graduation.

i. Percentage of students receiving federal loans.

j. Average monthly student loan payments for graduates.

k. Average monthly student loan payments for nongraduates.

l. Percentage of students who return after their first year.

m. Graduation, withdrawal, transfer, and current enrollment rates for students within eight semesters after enrollment.

(b) The database shall allow students to have the option of selecting a specific major or course of study at a specific institution, and be able to reasonably identify all of the information referenced in this section.
Ala. Code § 16-12-4 — Alabama Code / Title 16 / Chapter 12 / Section 16-12-4
Section 16-12-4 Establishment and Maintenance of Schools
Status: in_force

The city superintendent of schools shall recommend for approval and adoption by the city board of education the kind, grade and location of schools to be established and maintained.
Ala. Code § 16-23-16.1 — Alabama Code / Title 16 / Chapter 23 / Section 16-23-16.1
Section 16-23-16.1 Creation of Professional Teachers Standards Commission; Designation or Development of Entry-Level Pre-certification Examination for Teacher Candidates
Status: in_force

(a) The Legislature finds that Alabama is alone among the southern states in not testing teacher candidates before allowing them in the classroom, and acknowledges that the need exists to establish, maintain, and enforce minimum professional standards for teacher candidates in the State of Alabama. In response to such need, there is hereby created a Professional Teachers Standards Commission (the commission) for the State of Alabama. The commission shall consist of 11 members appointed by the Governor in the following manner: The Alabama Congress of Parents and Teachers Association, Alabama School Board Association, Alabama Council for School Administration and Supervision, Alabama Education Association, and the Alabama Association of Colleges for Teacher Education shall each designate a representative that together shall form a nominating committee which shall meet at the call of the Governor and submit to him a list of 20 names to be considered for initial appointment to the commission. All such nominees shall have demonstrated experience and ability in the science of test development and administration. Such names shall be submitted to the Governor within 30 days immediately following July 23, 1991. If nominations are not received by the Governor within such 30-day period, he shall proceed to make such appointments by the various categories as described below from his own selection. The nominations shall include an appropriate number of names to ensure the selection of three practicing elementary teachers (grades kindergarten through five), one practicing middle school teacher (grades six through eight), and two practicing secondary teachers (grades nine through 12); two school administrators consisting of one school principal and one school superintendent; one member from the faculty of a teacher preparation program; and one member of a local board of education. In addition to the foregoing 10 members, the Governor shall appoint one member from his own selection, which member shall serve at the pleasure of the Governor. Four of the members initially appointed shall serve for three years, four shall serve for two years, and three shall serve for one year. Thereafter, the terms of all members shall be for three years. The Governor shall designate at the time of the initial appointments which members’ terms shall be for one, two, or three years in duration. At the expiration of the term of any appointee, other than the Governor’s discretionary appointee, the nominating committee shall recommend to the Governor at least two persons for appointment to the position created by the expired term. Vacancies occurring on the commission shall be filled from the same respective categories as described above and the replacement or reappointed member(s) of the commission shall serve for the remainder of the unexpired term of his or her predecessor. The Governor may reject any name(s) submitted by the nominating committee and in such a case the Governor shall call upon the nominating committee to submit additional names for the initial appointees or additional names for the filling of any vacancy on the commission. No member of the commission shall serve more than two full terms.

(b) The Legislature recognizes that the National Teacher Examination (NTE) or some component thereof is utilized as an examination for teacher candidates in 33 states, including the majority of our surrounding southern states. It is therefore the intent of the Legislature that the commission select a nationally recognized pre-certification examination such as the NTE for initial certification of teacher candidates in Alabama. The commission is directed to determine the conditions, if any, which must be satisfied for use of the NTE for the purposes set forth herein. The commission is further authorized to utilize all means necessary to comply with such conditions so as to allow usage of the NTE as an entry-level pre-certification examination for teacher candidates in Alabama, or to otherwise promote full implementation of this section.

In the event that the commission is prohibited from utilizing the NTE, its successor examination, or a component of either, for pre-certification, after exhausting all available remedies, then the commission is authorized to designate or develop a pre-certification examination. Such examination shall adhere to generally accepted test construction methodology and those test construction practices reflected in the NTE, and shall permit evaluation of functional academic skills of teacher candidates including but not limited to, reading, writing, and mathematics.

(c) Any pre-certification examination designated or developed pursuant to this section shall be administered by the commission to all teacher candidates seeking certification for the 1994-95 school year. Candidates must demonstrate required satisfactory proficiency, as determined by the commission from time to time, on such examination prior to becoming eligible to receive a certificate pursuant to this chapter; provided, however, that such satisfactory proficiency shall not be required for persons to become eligible to receive emergency certificates pursuant to Section 16-23-3. Candidates shall have only five opportunities to demonstrate the required satisfactory proficiency, and if such candidate fails to demonstrate the required satisfactory proficiency in the fifth attempt, such candidates shall not be eligible for certification in the State of Alabama.

(d) It is the intent of the Legislature that Alabama teacher preparation institutions support the performance of their graduates on such pre-certification examinations and such institutions shall be responsible for providing remediation without any cost to the student who has successfully completed all course requirements for the teacher preparation program but has failed the pre-certification test. The failure of any institution to comply with the provisions of this section shall be grounds upon which the institution’s rights to prepare teachers may be withdrawn. It is the intent of the Legislature that upon the designation or development of a pre-certification examination for initial certification of teacher candidates, the commission shall then proceed to address the improvement of standards for teacher preparation programs. As a result of the administration of the test and to the extent fewer minorities are licensed to teach in Alabama, the commission shall develop a remedial plan which will be implemented by teacher preparation institutions.

(e) Scores from the tests required under the provisions of The Alabama Education Improvement Act of 1991 (Acts 1991, No. 91-323) shall be reported to and kept by the commission. Scores shall be given to the candidates tested. Personally identifiable scores shall not be open or made available to the public, but reports may be prepared and released by the commission with respect to overall results of scores. Reports of scores as authorized herein may be made at such frequency as the commission may deem appropriate.
Ala. Code § 16-55-6 — Alabama Code / Title 16 / Chapter 55 / Section 16-55-6
Section 16-55-6 Board of Trustees - Quorum; Meetings
Status: in_force

(a) Seven members of the board of trustees shall constitute a quorum, but a smaller number may adjourn from day to day until a quorum is present. The board shall hold a regular annual meeting each year at the university in June, unless the board, in regular session, determines to hold its meeting at some other time and place.

(b)(1) Special meetings of the board may be called by:

a. The chair pro tempore of the board;

b. The Governor; or

c. The chair pro tempore of the board or the Governor, upon application in writing of any three or more members of the board.

(2) Once a special meeting is called, written notice shall be provided to each trustee at least 24 hours before the meeting is scheduled to begin, except in case of emergency, which the chair pro tempore or the Governor shall specify in his or her notice to the trustees.
Ala. Code § 16-3-21 — Alabama Code / Title 16 / Chapter 3 / Section 16-3-21
Section 16-3-21 Annual Report
Status: in_force

The board of education shall submit each year on or before the first day of December, or as early thereafter as practicable, to the Governor an annual report covering all operations of the Department of Education and the support, conditions, progress and needs of education throughout the state. Such annual report shall be printed in sufficient quantities for general distribution throughout the state and for the usual exchange courtesies between state educational authorities.
Ala. Code § 16-3-12 — Alabama Code / Title 16 / Chapter 3 / Section 16-3-12
Section 16-3-12 Rules and Regulations - Generally
Status: in_force

The State Board of Education shall adopt rules and regulations for the proper construction of school buildings, for the sanitation of schools, for the physical examination of school children and, in conjunction with other state authorities, shall see to it that the rules relating to school health, compulsory education and child conservation are enforced.
Ala. Code § 16-15-10 — Alabama Code / Title 16 / Chapter 15 / Section 16-15-10
Section 16-15-10 Disposition of Proceeds of Bonds
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 16-47-30 — Alabama Code / Title 16 / Chapter 47 / Section 16-47-30
Section 16-47-30 Composition; Terms of Office; Election; Vacancies; Compensation
Status: in_force

The state university shall be under the control of the board of trustees, which shall consist of two members from the congressional district in which the university is located, and one from each of the other congressional districts in the state, the State Superintendent of Education and the Governor, who shall be ex officio president of the board.

The members of the board of trustees, as now constituted, shall hold office until their respective terms expire under existing law and until their successors shall be elected and confirmed, as hereinafter required. Successors to those trustees whose terms expire in 1902 shall hold office until 1907; successors to those whose terms expire in 1904 shall hold office until 1911; successors to those trustees whose terms expire in 1906 shall hold office until 1915; and thereafter their successors shall hold office for a term of 12 years.

When the term of any member of such board shall expire, the remaining members of the board shall, by secret ballot, elect his successor; provided, that any trustee so elected shall hold office from the date of his election until his confirmation or rejection by the Senate, and if confirmed, until the expiration of the term for which he was elected and until his successor is elected. At every meeting of the Legislature, the State Superintendent of Education shall certify to the Senate the names of all who have been so elected since the last session of the Legislature, and the Senate shall confirm or reject them as it shall determine for the best interest of the university. If it rejects the names of any members it shall thereupon elect trustees in the stead of those rejected.

In the case of a vacancy on said board by death or resignation of a member, or from any cause other than the expiration of his term of office, the board shall elect his successor, who shall hold office until the next session of the Legislature, when the name of a successor or successors elected by said board to fill the vacancy or vacancies so occasioned shall be certified by the State Superintendent of Education to the Senate, and the Senate shall confirm, or reject, as it shall determine is for the best interest of the university; and, if confirmed by the Senate, the person, or persons so elected to fill said vacancy shall hold office for the unexpired term to which he is so elected. If the Senate rejects the name of any person to fill said vacancy, it shall thereupon elect some person or persons in the stead of those rejected.

No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such.
Ala. Code § 16-3-18 — Alabama Code / Title 16 / Chapter 3 / Section 16-3-18
Section 16-3-18 Vocational Education
Status: in_force

The State Board of Education and the State Superintendent of Education shall cooperate with the Federal Board for Vocational Education in the administration of all federal acts relating to vocational education. The State of Alabama accepts the benefits of these acts, passed by the Senate and House of Representatives of the United States of America in Congress assembled, as provided in this title.
Ala. Code § 16-24-17 — Alabama Code / Title 16 / Chapter 24 / Section 16-24-17
Section 16-24-17 Minor Suspensions of Teachers - Authorized; Notice; Conditions
Status: reserved

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
Ala. Code § 16-22-13.9 — Alabama Code / Title 16 / Chapter 22 / Section 16-22-13.9
Section 16-22-13.9 Fiscal Year 2019-2020 Adjustments
Status: in_force

(a) PAY INCREASES, FY 2019-2020. (a) The State Budget Officer shall allocate to the State Board of Education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services School District, the Board of Directors of the Alabama School of Fine Arts, and the Board of Trustees of the Alabama School of Mathematics and Science and for disbursement to the employees thereof funds based on the criteria established in this section. It is not the intent of this section to make appropriations, but the appropriations required by this section shall be made in the annual Education Trust Fund budget act for the designated fiscal year.

(1) Certificated Personnel (K-12). For the fiscal year beginning October 1, 2019, and each year thereafter, each certificated employee at all city and county school systems and the teachers at the Department of Youth Services School District shall receive a four percent salary increase. Each step and cell on the State Minimum Salary Schedule contained in the annual budget act for the public schools shall be increased by the amounts below for fiscal year 2019-2020, the State Minimum Salary Schedule shall reflect the following percentage increase:

Step Years of Experience Increase 1 Less than 3 4.00% 2 3 but less than 6 4.00% 3 6 but less than 9 4.00% 4 9 but less than 12 4.00% 5 12 but less than 15 4.00% 6 15 but less than 18 4.00% 7 18 but less than 21 4.00% 8 21 or greater 4.00% 9 24 but less than 27 4.00% 10 27 or more 4.00%

All certificated employees, including the Adult Basic Education and Science in Motion employees, shall be guaranteed pay increases in the amounts indicated above for their years of experience and degrees earned and the corresponding pay increases shall be reflected in the appropriate local salary schedule and paid to each certificated employee. The provisions and requirements of this section shall be in addition to the provisions of Section 16-13-231.1, relating to the State Minimum Salary Schedule. Each certificated employee shall be properly placed on the local salary schedule according to degree earned and years of public education service (either in-state or out-of-state), which shall be not less than the amounts appropriated for the State Minimum Salary Schedule. The employee shall be paid according to degree earned and length of public education experience. The pay increase shall be given to each person employed for the 2019-2020 fiscal year in addition to any state or local step increase to which the employee is otherwise entitled. The local board of education shall transmit to the State Department of Education the appropriate notice of the earned advanced degree for each employee in a timely fashion; thereafter, the employee shall be paid for the advanced degree as soon as the degree is certified to the State Department of Education as being earned.

(2) Education Support Personnel (K-12). A four percent pay increase, beginning with the fiscal year 2019-2020, shall be paid to each public education support worker and adult bus driver, including Adult Basic Education and Science in Motion personnel, employed for the 2019-2020 fiscal year in addition to the salary received during the 2018-2019 fiscal year, except employees covered under the state’s Merit System at the Department of Youth Services District. Each governing body or authority shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect a four percent pay increase beginning with fiscal year 2019-2020, which shall be given to the person employed full-time for the 2019-2020 fiscal year and each year employed full-time thereafter. The base rate of pay for part-time support employees shall be increased by four percent beginning with fiscal year 2019-2020. A separate local salary schedule shall be established and maintained for each specific job performed.

(3) AIDB. For the fiscal year 2019-2020, employees at the Alabama Institute for Deaf and Blind shall receive a pay increase which shall be in excess of their salaries received during the 2018-2019 fiscal year. The increase shall be as follows:

a. Certificated. The salary schedule for certificated employees shall be revised to reflect at least the following percentage increase beginning with the fiscal year 2019-2020:

Step Years of Experience Increase 1 Less than 3 4.00% 2 3 but less than 6 4.00% 3 6 but less than 9 4.00% 4 9 but less than 12 4.00% 5 12 but less than 15 4.00% 6 15 but less than 18 4.00% 7 18 but less than 21 4.00% 8 21 or greater 4.00% 9 24 but less than 27 4.00% 10 27 or more 4.00%

b. Education Support Personnel (K-12). A four percent pay increase, beginning with the 2019-2020 fiscal year, shall be given to each support worker employed full-time by the Alabama Institute for Deaf and Blind. A separate local salary schedule shall be established and maintained for each specific job performed. The pay increase in this section shall be incorporated into the support employees’ salary schedules. The base rate of pay for part-time support employees shall be increased by four percent for the 2019-2020 fiscal year.

c. Miscellaneous Requirements. The AIDB board shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule for fiscal year 2019-2020 shall be increased to reflect the pay increase above to be given to each person employed for the 2019-2020 fiscal year and each year employed thereafter. The pay increase contained in this subdivision shall be paid to each employee.

(4) Two-Year Postsecondary Institutions. The Board of Trustees of the Community College System shall revise all salary schedules of the two-year postsecondary institutions to reflect an increase of four percent for the 2019-2020 fiscal year. The pay increase shall be given to each person employed in addition to any step increase to which the employee is otherwise entitled. The Postsecondary Education Department shall take proper steps to ensure that employees on all salary schedules are given full credit for prior work experience in the public schools and colleges, and shall take care to ensure proper placements on the salary schedules. Placement on the revised salary schedules shall be in accordance with the employee’s length of service in public education. No pay increase shall be given to any two-year postsecondary employee in excess of four percent, except as specifically provided in this section.

(5) Miscellaneous provisions. The following provisions are hereby established:

a. Fiscal Year. All salaries and salary increases which are established by the State Board of Education shall be paid in full to each person employed before the end of the applicable fiscal year as defined in Section 16-1-1.

b. Extended Work. Public K-12 school employees on contracts which extend beyond 187 days, or the hourly equivalent thereof, shall be given a pro rata salary increment for each day or partial day of work extending beyond 187 days.

c. Local Increment. Any cost-of-living adjustment and/or increase on the State Minimum Salary Schedule for teachers as provided in this section shall be exclusive of any local pay increase granted or due to teachers under provisions of any local salary schedule. Any cost-of-living adjustment and/or pay increase required by this section for public school support personnel shall be in addition to any pay increase due or granted to the employee under provisions of any local salary schedules. The pay increase provisions of this section shall not apply to any salary supplements granted by local boards of education, bonuses earned for certification by the National Board of Professional Teaching Standards, or the federal portion of the salary paid to a Junior Reserve Officer Training Corps (JROTC) instructor employed by a local school board.

d. Community Education. Each county and city board of education shall have the option to exclude from the provisions of this section any part-time employees of community education or school-sponsored child care or child enrichment program which is supplemental to the state-required educational program.

e. Local Chief Executive Officers. The pay increase provisions of this section shall not apply to superintendents of education of any school system or institution. Any pay increase given to the superintendent shall be by majority recorded vote of the governing body or authority.

(b) The pay increase granted in this section shall begin in fiscal year 2019-2020 and continue in subsequent years. Nothing in this section shall authorize additional pay increases in subsequent years.
Ala. Code § 16-24C-6 — Alabama Code / Title 16 / Chapter 24C / Section 16-24C-6
Section 16-24C-6 Termination of Employment - Grounds for Termination; Procedures; Appeals
Status: in_force

(a) Tenured teachers and nonprobationary classified employees may be terminated at any time because of a justifiable decrease in the number of positions or for incompetency, insubordination, neglect of duty, immorality, failure to perform duties in a satisfactory manner, or other good and just cause, subject to the rights and procedures hereinafter provided. However, a vote or decision to approve a recommended termination on the part of a president of a two-year educational institution operated under the authority and control of the Department of Postsecondary Education or the governing board shall not be made for political or personal reasons.

(b) The termination of a tenured teacher or nonprobationary classified employee who is not an employee of a two-year educational institution operated under the authority and control of the Department of Postsecondary Education shall be initiated by the recommendation of the chief executive officer in the form of a written notice of proposed termination to the employee. A tenured teacher or a nonprobationary classified employee who is employed by a two-year educational institution operated under the authority and control of the Department of Postsecondary Education may be terminated by the president of such institution upon the issuance of a written notice of proposed termination to the employee by the official of the institution who serves or functions as the senior personnel officer thereof. In either case, the notice shall state the reasons for the proposed termination, shall contain a short and plain statement of the facts showing that the termination is taken for one or more of the reasons listed in subsection (a), and shall be issued in conformity with subsection (k). The notice shall inform the employee, who is not an employee of a two-year educational institution operated under the authority and control of the Department of Postsecondary Education that, in order to request a hearing with the governing board, the employee must file a written request for such a hearing with the chief executive officer within 15 calendar days after issuance of the notice. Should the employee fail to timely file the request for hearing, the governing board shall vote on the recommended termination. Notice to employees of a two-year educational institution operated under the authority and control of the Department of Postsecondary Education, shall inform such employee that, in order to request a hearing with the president of such institution, the employee must file a written request for such a hearing with the president within 15 calendar days after issuance of the notice. Should the employee fail to timely file the request for hearing, the president of such institution shall act on the recommended termination and the president’s decision shall be final. If the employee timely requests a hearing, the hearing shall be set by the employer not less than 30 and not more than 60 calendar days from the date written notice of the time, date, and place of the hearing is issued to the employee, but may be rescheduled by agreement or for good cause shown.

(c) At the hearing, the chief executive officer or, for a two-year educational institution operated under the authority and control of the Department of Postsecondary Education, the official of such institution who serves or functions as the senior personnel officer thereof, based solely on the information provided by the recommending senior supervisor, shall bear the burden of proof with regard to disputed issues of material fact. The employee or his or her representative shall be afforded the opportunity to present testimony, other evidence, and argument on matters relevant to the proposed termination and to cross-examine witnesses whose testimony is proffered in support of the proposed termination. The employee shall have the right to counsel at his or her expense. A court reporter shall record the proceedings at the expense of the State Department of Education or, if applicable, the two-year institution operated under the authority and control of the Department of Postsecondary Education. The hearing may be public or private at the election of the employee. The chief executive officer shall issue subpoenas compelling the appearance of witnesses on the employee’s behalf upon the employee’s timely request for issuance of such subpoenas and may issue subpoenas to any witness who the chief executive officer believes may have knowledge or evidence bearing on the issues presented for determination.

(d) Whether or not the employee requests a hearing before the governing board or the president of the two-year institution, the chief executive officer shall give written notice to the employee of the decision regarding the proposed termination within 10 calendar days after the vote of the board or the decision of the president. If the decision follows a hearing requested by the employee, the notice shall also inform the employee of the right to contest the decision by filing an appeal as provided in this chapter.

(e) An employee who is terminated following a hearing requested by the employee may obtain a review of an adverse decision by filing a written notice of appeal to the State Superintendent of Education within 15 days of receipt of the decision. For employees of a two-year educational institution under the authority of the Department of Postsecondary Education, such notice of appeal shall be submitted to the Department of Postsecondary Education within 15 days of the receipt of the decision. The State Superintendent of Education or the Department of Postsecondary Education shall refer the appeal to the Executive Director of the Alabama State Bar Association who shall obtain a panel of neutrals and administer the hearing officer selection process as is hereinafter provided. The notice of appeal shall state the grounds upon which it is based. A copy of the notice shall be simultaneously served by the employee on the chief executive officer of the employer or the president of the two-year institution under the authority and control of the Department of Postsecondary Education. Upon receiving notice of the employee’s appeal, the employer shall compile and file the record of administrative proceedings, including any hearing transcript, with the hearing officer within 20 days after its receipt of the notice of appeal unless the time is extended by the hearing officer for good cause shown. Except as hereinafter provided, the appeal shall be submitted to the hearing officer. The hearing officer shall hold a hearing. Deference is given to the decision of the employer. A final ruling, either affirming or reversing the decision of the employer, shall be rendered within five days after the hearing.

(f) If the decision of the president or the governing board is set aside by the hearing officer, the employee shall be reinstated and credited with any benefits due under applicable statutes, salary schedules, or compensation policies. Either party may appeal an adverse decision rendered by a hearing officer to the Alabama Court of Civil Appeals by filing a notice of appeal to the court in accordance with the Alabama Rules of Appellate Procedure.

(g) The hearing officer assigned to review appeals hereunder shall be selected from a panel of neutrals comprised of five retired Alabama judges, excluding judges of probate, whose names appear on an official alternative dispute resolution roster maintained by the Alabama Bar Association. Members of the panel shall be identified by the Executive Director of the Alabama State Bar Association on a random and rotating basis and provided to the chief executive officer or the president of the two-year institution under the authority and control of the Department of Postsecondary Education. Upon receiving the names of the panel members, the parties may select the hearing officer from among the names provided or from any other source by agreement. Failing such agreement, the parties shall select the hearing officer by a process of alternating strikes in which the employee shall be provided the first strike and the employer the last strike. The hearing officer selection process shall be completed within 10 calendar days of receipt by the parties of the panel of potential hearing officers. The hearing officer shall not have a personal or professional interest that would conflict with his or her ability to render an objective decision. The hearing officer shall be paid for services rendered hereunder according to criteria, and at the prevailing rate, established by the State Department of Education under the supervision of the State Superintendent of Education and the Chancellor of the Department of Postsecondary Education from funds appropriated for such purposes by the Legislature. All hearing officers must agree to abide by all timelines provided in this section.

(h) The following additional terms, conditions, and limitations apply to terminations and appeals therefrom:

(1) In considering termination recommendations made by the chief executive officer, the governing board acts in an independent and quasi-judicial capacity, and nothing in this chapter shall be construed to prevent the governing board from imposing a lesser sanction than that recommended by the chief executive officer or to preclude a negotiated resolution by the president or the governing board of matters, issues, and disputes arising under this chapter. In considering termination recommendations made by the senior personnel officer of a two-year college under the authority of the Department of Postsecondary Education, the president of the two-year college acts in an independent and quasi-judicial capacity, and nothing in this chapter shall be construed to prevent the president of the two-year college from imposing a lesser sanction than that recommended by the senior personnel officer or to preclude a negotiated resolution by the president of matters, issues, and disputes arising under this chapter.

(2) Reductions in or modifications to employee compensation or benefits or of the length of the work or school year are not terminations or transfers for purposes of this chapter or otherwise subject to challenge or review under this chapter, provided that the action is all of the following:

a. Prospective in effect.

b. Based on the recommendation of the president of a two-year educational institution alone or the chief executive officer and formal approval of the governing board.

c. Applied to similarly situated employees within the two-year college, agency, or system, or within designated operating divisions, departments, or employment classifications therein.

(3) Layoffs or other personnel actions that are unavoidable reductions in the workforce beyond normal attrition due to decreased student enrollment or shortage of revenues as specified in Section 16-1-33, are not subject to challenge or review under this chapter.

(i) An employee may be suspended for cause with or without pay on the written recommendation of the president of a two-year educational institution alone or the chief executive officer and the approval of the governing board. The suspension of a tenured teacher or a nonprobationary employee for no more than 20 work days without pay is not a termination of employment that is subject to review under this chapter. Adequate notice of the reason or reasons for the proposed suspension and an opportunity to present evidence and argument, either in person or in writing, to the president of a two-year educational institution or to the governing board with respect to the proposed action shall be afforded the employee before the imposition of the suspension. Suspensions of tenured teachers or nonprobationary classified employees without pay in excess of 20 work days are subject to the notice, hearing, and review requirements and procedures that apply to terminations of tenured teachers and nonprobationary classified employees under this chapter.

(j) Employees shall not be permitted to delay, defer, or defeat the initiation or pursuit of any termination or other employment action initiated under authority of this chapter based upon the pendency or threatened initiation of criminal proceedings arising out of the facts, circumstances, or subject matter of the employment action. The appearance or testimony of an employee in a proceeding authorized under this chapter shall not cause the employee to waive, forfeit, or relinquish any right against self-incrimination, and no such testimony shall be admitted in any court of this state in a criminal proceeding in which the right applies upon the timely objection of the employee thereto.

(k) Unless otherwise provided, notice for all purposes under this chapter shall be given by United States mail, certified delivery, by private mail carrier for next business day delivery, or by physical delivery to the employee or the last known address of the employee. Notice by certified mail or private mail carrier shall be deemed received by the employee and complete for purposes of this chapter two business days after the notice is deposited for certified delivery in the United States mail or placed with a private mail carrier for next business day delivery. The employer has the burden of producing evidence that service was affected in the manner permitted by this chapter, but the employee has the burden of proving that such service was not properly made.

(l) In any proceeding for which review is provided hereunder, the employer shall arrange for a transcript and record of proceedings conducted before the president of a two-year educational institution or the governing board to be made and maintained by a qualified court reporter for use in connection with such review. All fees and costs associated with making and transcribing the record shall be paid or reimbursed by the State Department of Education or, if applicable, the two-year institution operated under the authority and control of the Department of Postsecondary Education in accordance with such reasonable rules, regulations, and procedures as may be established for such purpose by the departments.

(m) Unless otherwise specified by the president of a two-year educational institution or the governing board, a decision to terminate the employee or suspend the employee without pay shall be effective immediately, except that a tenured teacher or a nonprobationary classified employee shall continue to receive pay and benefits until a final ruling by the hearing officer or 75 calendar days, whichever occurs first from the date of the employer termination decision unless the termination is based on an act of moral turpitude, immorality, abandonment of job, incarceration, or neglect of duty. If the decision of the president of a two-year educational institution or the governing board is set aside and the employee is reinstated, the employee shall receive back pay and other relief as provided in subsection (f).

(n) The repealer provisions of Act 2011-270 notwithstanding, and except as expressly provided otherwise in this chapter, the terms and phrases used in subsection (a) to identify the reasons on which termination may be based and in subsection (f) to describe the standards by which decisions of the employer are to be reviewed by hearing officers shall be deemed to carry the meanings traditionally accorded the terms and phrases by the appellate courts of this state under prior law.
Ala. Code § 16-60-89 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-89
Section 16-60-89 Expenditures for Building and Equipping Trade Schools and Junior Colleges; Competitive Bidding; Approval of Plans
Status: in_force

All contracts entered into by the authority involving the expenditure of funds in the preparation of plans and specifications, and all work done with respect to the construction of buildings involving the expenditure of funds of the authority shall be let on competitive bids in the same manner and according to the same procedure as contracts for public works are awarded as prescribed in Sections 39-2-1 through 39-2-13.

The preparation of all plans and specifications for any building constructed wholly or in part with any of the money, and all work done hereunder in regard to the construction, reconstruction, alteration and improvement of buildings shall be supervised by the Alabama Building Commission, or any agency that may be designated by the Legislature as its successor. The authority and the Building Commission shall agree to a construction cost estimate for each building constructed wholly or in part with any of the funds provided for in this article, and the authority shall reimburse the Building Commission for its reasonable direct costs in having plans, specifications and contract documents prepared and in supervising and inspecting the work.

The authority shall purchase and install the original equipment necessary to place each such additional trade school and junior college in a condition of efficient operation. Such equipment shall be purchased on the basis of competitive bidding, to be conducted in the same manner and according to the same procedure as provided for state purchases in Sections 41-16-20 through 41-16-32; except, that the purchasing procedure shall be conducted by the authority instead of the state Purchasing Agent.

Not more than $1,500,000.00 shall be expended by the authority with respect to any one trade school or junior college.
Ala. Code § 16-3-27 — Alabama Code / Title 16 / Chapter 3 / Section 16-3-27
Section 16-3-27 Review of Local Actions by State Superintendent
Status: in_force

The State Board of Education shall have the power and authority to promulgate rules and regulations governing the right and method of review and disposition upon review by the State Superintendent of Education of actions and orders of county and city boards of education and of county superintendents of education and city superintendents of schools in matters relating to finance and other matters seriously affecting educational interest.
Ala. Code § 16-25A-8 — Alabama Code / Title 16 / Chapter 25A / Section 16-25A-8
Section 16-25A-8 Funding of Health Insurance Plan; Participation; Public Education Employees’ Health Insurance Fund
Status: in_force

(a) The Public Education Employees’ Health Insurance Board is hereby authorized to provide under the contract or contracts entered into under the provisions of this article an insurance benefit plan for each covered employee and, under certain conditions, retired employees; the cost of such plan may be funded in part or in full through monthly premiums per active employee from the same source of funds as those used for the payment of salaries of active members and in part from other funds.

(b) On or before January 1 next preceding each regular meeting of the Legislature, the board shall certify to the Governor and to the Legislature the amount or amounts necessary to fund coverage for benefits authorized by this article for the following fiscal year for employees and for retired employees as a monthly premium per active member per month. The Legislature shall set the premium rate in the annual appropriation bill.

(c) Any eligible retired employee may elect to participate in the plan authorized by this article provided that such retired employee shall agree to have withheld the employee contribution from each monthly retirement payment.

(d) For any fiscal year in which the monthly premium certified under subsection (a) for hospital/medical insurance per eligible employee is less than the cost of the coverage per eligible employee, then the difference in cost per eligible employee shall be submitted for each eligible employee by the employing board, institution, or agency monthly to the board, the sum of which may be any combination of employee funds collected through monthly payroll deduction and employing board, institution or agency funds; in any fiscal year in which the monthly premium for hospital/medical insurance for retired employees is less than the cost of the coverage, then the difference in cost per eligible retired employee as defined in subsection (c) shall be withheld from the monthly retirement check of the retired employee.

(e) Each employee and retired employee shall be entitled to have his or her spouse and dependent children, as defined by the rules and regulations of the board, included in the coverage provided upon agreeing to pay the employee’s contribution of the health insurance premium for such dependents. The board shall adopt regulations governing the discontinuance and resumption by such employees of coverage for dependents, and in the event of the death of an employee or retired employee, provisions whereby their spouse and dependents may elect to continue that coverage; provided, however, that the spouse and dependents shall pay the full cost of their coverage. During any period in which an employee’s or retired employee’s dependents are covered under this article, there shall be withheld from the salary payment of such employee or the monthly retirement allowance of such retired employee, the employee’s contribution of the health insurance premium for coverage of such dependents under the terms of any contract, contracts, or arrangement entered into in accordance with the provisions of this article.

(f) There is hereby created in the State Treasury a fund to be known as the Public Education Employees’ Health Insurance Fund. Such fund shall consist of and there shall be deposited into such fund all employer paid premiums under the provisions of subsection (b) of this section and all premiums paid by employees and retired employees under the provisions of this section and any other premiums paid under the provisions of this article. The board shall designate a custodian of this fund who shall be authorized to make deposits into and payments therefrom in accordance with contracts entered into by the board; in addition, any income arising from the investment or deposit of the assets of the fund shall accrue solely to the benefit of the fund.

(g) Any state appropriation from the Education Trust Fund for the fiscal year ending September 30, 1984, and any subsequent fiscal year employer premium payments for hospital/medical insurance for eligible employees as defined under the provisions of this article which are made by any institution, board, or agency whether heretofore or hereafter made, shall be deposited in the fund created in subsection (f) of this section and shall be used to fund coverage for the benefits authorized by the provisions of this article. Disbursement of such funds shall be in accordance with the provisions of subsection (b) of this section.

(h) Premiums required to be paid by the employer together with any premiums deducted from employees’ compensation shall be paid to the Public Education Employees’ Health Insurance Fund on the first day of the month for which coverage is applicable and the first day of each month thereafter. Monthly reports of the coverage type and premium amount for each covered employee shall be submitted in a format prescribed by the Public Education Employees’ Health Insurance Fund.

(i) Each university which has not elected to participate in the Public Education Employees’ Health Insurance Plan shall pay the cost of insuring each employee retired from such university who elects to participate under the Public Education Employees’ Health Insurance Plan. Such costs shall be determined in the same manner as is determined for all other retired employees by using the previous fiscal year’s claims for all retired employees increased by the expected claims trend for the current fiscal year, as provided by the Public Education Employees’ Health Insurance Board’s claims administrator. Such amount shall be reduced by the premiums to be paid by the retired employees during the current fiscal year. The Public Education Employees’ Health Insurance Board shall invoice each university monthly, and the university shall pay the board within 30 days of the date of the date of the invoice. If payment is not made within 30 days, the Department of Finance is hereby authorized to pay the amount due to the Public Education Employees’ Health Insurance Fund directly from funds appropriated to the university.
Ala. Code § 16-6A-1 — Alabama Code / Title 16 / Chapter 6A / Section 16-6A-1
Section 16-6A-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the “Educational Reform Act of 1984.”
Ala. Code § 16-56-10 — Alabama Code / Title 16 / Chapter 56 / Section 16-56-10
Section 16-56-10 Board of Trustees - Reports to Legislature
Status: in_force

The board of trustees shall make or cause to be made to the Legislature, at each session thereof, a full report of its transactions and of the condition of the university, embracing an itemized account of all receipts and disbursements on account of the university by those charged with the administration of its finances.
Ala. Code § 16-60-111.1 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-111.1
Section 16-60-111.1 Chancellor - Appointment; Vacancies
Status: in_force

(a) For the purpose of assisting the board in carrying out its authority and responsibility for the community and technical colleges, the board shall appoint a Chancellor who will also be Chief Executive Officer of the Alabama Community College System. The Chancellor shall serve at the pleasure of the board and perform such duties as are provided in this article and otherwise as are assigned by the board. The Chancellor serving on May 12, 2015, shall continue to serve until his or her then current contract expires. The board may enter into a contract with the Chancellor for his or her services for a period not to exceed four years. The Chancellor shall be a person of good moral character with academic and professional education equivalent to graduation from a regionally accredited university or college, who is knowledgeable in postsecondary institution administration and has training and experience sufficient to qualify him or her to perform the duties of the office.

(b) Notice of a vacancy in the position of Chancellor shall be posted by the board. The notice shall be posted on the Internet and in a conspicuous place at each postsecondary school campus and worksite, including all state and local board of education offices, at least 30 calendar days before the position is to be filled. The notice shall remain posted until the position is filled and shall include, but not necessarily be limited to, all of the following:

(1) Job description and title.

(2) Required qualifications.

(3) Salary range.

(4) Information on where to submit an application.

(5) Information on any deadlines for applying.

(6) Any other relevant information.

(c) The board may adopt or continue procedures with respect to the appointment of the Chancellor which are not inconsistent with this section. The position shall not be filled during the required posting period, except as herein provided. The posting of a vacancy notice as required in this section shall not be abridged or delayed except in emergency circumstances and then delayed only temporarily in order to reasonably meet the conditions of the emergency. A violation of the notice requirements of this section by the board shall void any related employment action taken by the board.

(d) A vacancy in the position of Chancellor shall be filled by the board within 180 days after such a vacancy occurs. The board may temporarily fill the position on an interim basis for not more than two six-month periods.
Ala. Code § 16-18-3 — Alabama Code / Title 16 / Chapter 18 / Section 16-18-3
Section 16-18-3 Procedure to Incorporate
Status: in_force

(a) By proceeding in the manner set forth herein, any number of natural persons, not less than three, may incorporate an educational building authority as a public corporation and as a political subdivision of the state. The said natural persons shall first file with the governing body of any municipality the proposed form of the certificate of incorporation of the authority, together with a written application seeking permission to apply for the incorporation of an authority for such municipality. Every such application shall also be accompanied by such supporting documents or evidence as the applicants may consider appropriate to show the need for an authority for the said municipality. The said governing body shall consider the said application and shall find and determine whether it is wise, expedient, necessary or advisable that the authority be formed; if the said governing body finds and determines that it is not wise, expedient, necessary or advisable that the authority be formed, it shall deny the application; but, if it finds and determines that it is wise, expedient, necessary or advisable that the authority be formed and if it approves the proposed form of the certificate of incorporation of the authority, the governing body shall adopt a resolution declaring that it has reviewed the application and has found and determined as a matter of fact that it is wise, expedient, necessary or advisable that the authority be formed and declaring that it has approved the proposed form of certificate of incorporation of the authority. No authority shall be formed hereunder unless the application required by this section shall be made and unless the resolution for which provision is made in this section shall be adopted.

(b) Within 40 days following the adoption of a resolution in accordance with this section, the applicants, or not less than three of the applicants, shall proceed to incorporate the authority by filing for record in the office of the judge of probate of the county in which the determining municipality shall be situated (or, if the determining municipality shall be situated in more than one county, then with the judge of probate of any county in which any part of the determining municipality shall be situated) a certificate of incorporation in the form approved by the governing body of the determining municipality, which certificate shall also comply in form and substance with the requirements of this section and shall be executed in the manner herein provided.

(c) The certificate of incorporation of the authority shall state:

(1) The names of the persons forming the authority, together with the residence of each thereof, and that each of them is a resident of and an owner of real property in the determining municipality, and that each of them is a duly qualified elector of the determining municipality;

(2) The name of the authority (which shall include the words “public educational building authority” and the name of, or other reference to, the determining municipality);

(3) The period for the duration of the authority (if the duration is to be perpetual, subject to the provisions of Section 16-18-1, that fact shall be stated);

(4) The name of the determining municipality, together with the date on which the governing body thereof adopted the resolution in accordance with this section;

(5) The location of the principal office of the authority, which shall be within the corporate limits of the determining municipality; and

(6) Any other matters relating to the authority that the incorporators may choose to insert and that are not inconsistent with this chapter or with the laws of the state.

(d) The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds.

(e) When the certificate of incorporation is filed for record, there shall be attached to it:

(1) A certified copy of the resolution adopted by the governing body of the determining municipality in accordance with this section; and

(2) A certificate by the Secretary of State that the name proposed for the authority is not identical to that of any other corporation organized under the laws of the state or so nearly similar thereto as to lead to confusion and uncertainty.

(f) The judge of probate shall promptly examine all such documents and shall determine whether they are complete and regular on their face and whether the form and contents of the certificate of incorporation comply with the provisions of this chapter. If the judge of probate shall find that all such documents are complete and regular on their face and that the form and contents of the certificate of incorporation comply with the provisions of this chapter, he shall require all such documents to be recorded in a well-bound book in his office. Upon the filing of the said documents, the authority shall come into existence and shall constitute a public corporation and a political subdivision of the state under the name set forth in the said certificate of incorporation. The judge of probate shall thereupon send a notice to the Secretary of State that the certificate of incorporation of the authority has been filed for record.
Ala. Code § 16-13-100 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-100
Section 16-13-100 Payment of Incidental Costs
Status: in_force

The board of education issuing any warrants hereunder may pay the cost of printing the warrants, the cost of advertising the sale, the attorneys’ fees for preparing proceedings, the attorneys’ fees for furnishing an opinion as to legality acceptable to the purchaser and other expenses incidental to the issue of the warrants, but only the actual cost thereof shall be paid and all such payments shall be made to those actually rendering such services and not to the purchaser of the warrants, in a lump sum or otherwise; provided, that the board of education may employ any bank or banks and person or persons to assist in making arrangements relating to the issue of refunding warrants hereunder and the sale or exchange thereof and may pay them for such services subject to the approval of the State Superintendent of Education. This section shall not authorize the payment of a commission or other compensation for procuring a purchaser of capital outlay warrants issued hereunder.
Ala. Code § 16-26A-7 — Alabama Code / Title 16 / Chapter 26A / Section 16-26A-7
Section 16-26A-7 Admission of High School Juniors and Seniors; Early Admission
Status: in_force

The school shall primarily admit high school juniors and seniors; however, the board of directors may provide for an “early admission year” to allow the admission of students who are not yet high school juniors when the abilities of such students are so exceptional as to warrant such early entry.
Ala. Code § 16-18A-7 — Alabama Code / Title 16 / Chapter 18A / Section 16-18A-7
Section 16-18A-7 Revenue Bonds - Creation of Statutory Mortgage Lien; Recording
Status: in_force

Any resolution of the authority or trust indenture under which bonds may be issued pursuant to the provisions of this chapter may contain provisions creating a statutory mortgage lien in favor of the holders of such bonds and of the interest coupons applicable thereto on the property and facilities, or any part thereof (including any after-acquired property) out of the revenues from which such bonds are made payable. The said resolution of the authority of the said trust indenture may provide for the filing of record in the office of the judge of probate of each county in which any property and facilities, or any part thereof, may be located of a notice containing a brief description of such bonds and a declaration that said statutory mortgage lien has been created for the benefit of the holders of such bonds and the interest coupons applicable thereto upon such property and facilities, or any thereof, including additions thereto and extensions thereof. Each judge of probate shall receive and record and index any such notice filed for record in his office. The recording of such notice, as provided in this section, shall operate as constructive notice of the contents thereof.
Ala. Code § 16-36-17 — Alabama Code / Title 16 / Chapter 36 / Section 16-36-17
Section 16-36-17 Books to Be Shipped Upon Purchase Orders of Local Boards of Education; Preparation and Mailing of Bills
Status: reserved

Repealed by Act 98-320, §13 effective July 1, 1998.
Ala. Code § 16-17A-17 — Alabama Code / Title 16 / Chapter 17A / Section 16-17A-17
Section 16-17A-17 Conveyance of Property, Etc., to Authority; Pledge of Full Faith and Credit
Status: in_force

(a) The state, any university, any governmental entity, and any public corporation is hereby authorized to give, transfer, convey, or sell to any authority or a university affiliate, with or without consideration:

(1) Any of its health care facilities and other properties, real or personal, and any funds and assets, tangible or intangible, relative to the ownership or operation of any such health care facilities, including any certificates of need, assurances of need, or other similar rights appertaining or ancillary thereto, irrespective of whether they have been exercised.

(2) Any taxes, revenues, or funds owned or controlled by it.

(3) Nothing in this chapter shall be construed as allowing an authority or university affiliate to be exempt from compliance with all applicable laws and regulations of the State Certificate of Need program and the Alabama State Health Planning and Development Agency.

(b) The state, any governmental entity, any university, or any public corporation may pledge its full faith and credit to or for the benefit of an authority or a university affiliate or may pledge any revenues that it is legally entitled to pledge to or for the benefit of an authority or university affiliate.

(c) An authority or university affiliate shall constitute a hospital corporation as that term is used in Title 22, Chapter 21, Article 4, Division 2, and any county otherwise authorized to do so may designate any authority or university affiliate as the agency of that county to acquire, construct, equip, operate, and maintain public hospital facilities in that county. The authority shall, if so designated, receive the proceeds from any special public hospital tax available in that county.
Ala. Code § 16-1-24 — Alabama Code / Title 16 / Chapter 1 / Section 16-1-24
Section 16-1-24 Reporting of Property Damage and Physical Assaults on Students and School Personnel; Legislative Intent; Penalties
Status: in_force

(a) For purposes of this section, the following words and phrases shall have the following respective meanings, unless the context clearly indicates otherwise:

(1) INCIDENT. Any act of physical violence, with or without a weapon, trespass, vandalism, or property damage which occurs. a. On school property; or b. During school activities, on or off school property; or c. At any other times when such incident can be reasonably related to school functions. Provided, however, that incidents involving only students from the same school wherein no dangerous weapon was involved and no bodily injury requiring medical attention occurs shall not be required to be reported as provided herein. All attacks or incidents involving teachers or other school personnel shall be promptly reported.

(2) PRINCIPAL. The principal or top administrator of any public elementary, junior or senior high school at which the incident occurred.

(3) SUPERINTENDENT OF EDUCATION. The superintendent of the county or city board of education in the county in which the school is located.

(4) REPORT. A written narrative report of an incident, the number and names and addresses of persons involved in the incident, the type of any weapon involved and a description of any injury or damage resulting from the incident. Said report shall contain the names and addresses of all known persons present at the time of said incident.

(5) TEACHER AND OTHER SCHOOL EMPLOYEE. An employee of any public elementary, junior or senior high school at which the incident occurred.

(6) SCHOOL BOARD. The board of education.

(7) COUNTY SHERIFF. The sheriff of the county in which the public school is located.

(b) It is the intention of the Legislature by passage of the section to require principals, teachers and other school employees of public elementary, junior and senior high schools to make reports of violent disruptive incidents occurring on school property during school hours or during school activities conducted on or off school property after school hours or at any other time when such incident can be reasonably related to school or school functions and to provide for penalties for failure to report such incidents.

(c) Principals shall file a report within 72 hours with the superintendent of education of any incident of which they have knowledge. A copy of the report shall also be furnished members of the school board and the county sheriff by the superintendent of education.

(d) Teachers and other school employees shall immediately report to the principal any incident of which they have knowledge. Said teacher and employee shall assist the principal in the preparation of the report required under subsection (c) of this section.

(e) Any superintendent of education, principal, teacher, or employee who violates the provisions of this section by failure to file a required report shall be guilty of a Class C misdemeanor.
Ala. Code § 16-6H-9 — Alabama Code / Title 16 / Chapter 6H / Section 16-6H-9
Section 16-6H-9 Alabama Mathematics Summer Achievement Program; Summer Math Camp
Status: in_force

(a) Commencing with the summer after the 2022-2023 school year, each full support school shall provide the Alabama Mathematics Summer Achievement Program to all students in grades four and five identified with a mathematics deficiency.

(b) The Alabama Mathematics Summer Achievement Program for grades four and five shall satisfy all of the following:

(1) Be staffed with highly effective teachers of mathematics as demonstrated by student mathematics performance data, completion of professional learning as determined by the Elementary Mathematics Task Force, and teacher performance evaluations.

(2) Include not less than 40 hours, nor more than 70 hours of time spent in mathematics problem solving, based on the severity of student need.

(3) Incorporate an Elementary Mathematics Task Force recommended mathematics assessment system, that shall be administered both at the beginning and end of each Alabama Summer Mathematics Achievement Program, to measure student progress.

(4) Coordinate with existing summer programs conducted by the local education agency or in partnership with community-based summer programs for students similarly situated.

(c) Any public school that provides an Alabama Summer Achievement Program for students in grades K-3, as required by the Alabama Literacy Act, Chapter 6G, shall include a portion of mathematics instruction during the program based on student need.

(d) Each local education agency shall provide a summer math camp for students in grades K-5 who are identified with a mathematics deficiency. For students in grades K-3, the summer mathematics camp shall be embedded in the summer reading camp, as required by the Alabama Literacy Act, Chapter 6G. For grades 4 and 5, the summer mathematics camp shall include from 40 to 70 hours of time spent in mathematics problem solving, based on the severity of student need.
Ala. Code § 16-6B-11.1 — Alabama Code / Title 16 / Chapter 6B / Section 16-6B-11.1
Section 16-6B-11.1 Alabama Teacher Paperwork Streamlining Act
Status: in_force

(a) This section shall be known and may be cited as the Alabama Teacher Paperwork Streamlining Act. (b) The purpose of this section is to accomplish all of the following: (1) Streamline and reduce the paperwork burdens placed on Alabama teachers related to the required documentation for the Alabama Literacy Act, the Alabama Numeracy Act, other laws or policies where paperwork may be reduced or streamlined in a compliant manner, and other educational programs. (2) Improve teacher morale and retention by reducing noninstructional administrative burdens. (c) The State Department of Education shall do all of the following: (1) Work with local boards of education to create a unified digital platform that consolidates the required documentation for the Alabama Literacy Act as determined by the Literacy Task Force, Alabama Numeracy Act as determined by the Elementary Mathematics Task Force, other laws or policies where paperwork may be reduced or streamlined in a compliant manner, and other relevant educational programs into a single, user-friendly system. (2) Collaborate with stakeholders including, but not limited to, teachers, administrators, and legal experts, to: a. Eliminate redundant documentation requirements across different programs; b. Standardize forms and reporting formats to reduce complexity and time spent on paperwork; and c. Ensure that documentation requirements align with state and federal rules and regulations, while reducing unnecessary paperwork. (3) Develop and implement, beginning with the 2026-2027 school year, a system of data sharing among the Alabama Literacy Act as determined by the Literacy Task Force, the Alabama Numeracy Act as determined by the Elementary Mathematics Task Force, other laws or policies where paperwork may be reduced or streamlined in a compliant manner, and other educational programs to ensure that information entered once is able to be used across multiple documentation platforms to reduce repetitive input by teachers. (4) Work with the Alabama Public Education Paperwork Reduction Committee taking into consideration ongoing efforts to effectively streamline paperwork to avoid duplication of efforts. (5) Annually review and audit all paperwork requirements to assess if further streamlining is necessary. The department shall actively solicit input from teachers during the annual review process. (d)(1) The Alabama Public Education Paperwork Reduction Committee is created. The committee shall consist of teachers representing all grade levels and as many subject matters as practicable. The committee shall include one principal, one curriculum director, one special education coordinator, one instructional coach, and one interventionist. Not less than 75 percent of the membership of the committee shall consist of nonadministrative teachers actively engaged in full-time classroom instruction. (2)a. The organizational meeting of the committee shall be held no later than September 1, 2025. At the organizational meeting, and annually thereafter, the membership of the committee shall elect a chair from among its membership. The committee shall meet quarterly to assess the effectiveness of paperwork streamlining measures, offer recommendations for further improvement, and ensure that teachers’ needs are being met in the areas of paperwork reduction. If more than 100 days have elapsed since the last meeting of the committee, a meeting may be called by the chair or by written petition of a majority of the membership of the committee. b. Members of the committee may participate in a meeting of the committee by means of telephone conference, video conference, or similar communications equipment by means of which all members 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, including constituting a quorum. (3) The State Superintendent of Education shall solicit applications from teachers to serve on the committee. From those applications, the state superintendent shall submit recommendations to the State Board of Education for appointment to a two-year term. The nominating and appointing authorities shall coordinate their nominations and appointments to assure the committee membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. Vacancies shall be filled in a like manner. (4) The committee shall submit a report to the State Superintendent of Education after each meeting. The report shall include recommendations for reducing paperwork requirements for public school teachers and an overview detailing the effectiveness of existing measures. The State Superintendent of Education shall respond, in writing, to the recommendations of the committee and shall submit each report, with his or her response, to the State Board of Education for discussion during the next board meeting. No additional required paperwork mandate shall be implemented by the State Department of Education or State Board of Education without first vetting the requirement with and receiving approval from the committee. (5) Members of the committee shall not be compensated for their service but may be reimbursed their actual expenses for attending committee meetings. A local board of education shall provide any teacher appointed to the committee with permission to attend committee meetings and may not deduct from that teacher’s leave or pay for his or her attendance of committee meetings. (e)(1) All local boards of education shall comply with this section and the requirements developed by the department regarding the use of the streamlined paperwork system. The State Department of Education shall conduct annual audits to ensure compliance with these requirements. (2) Any local board of education failing to implement the streamlined documentation system shall face corrective action including, but not limited to, retraining of administrators or other measures to ensure compliance with this section. (f) The Legislature shall allocate necessary funding to the State Department of Education to support the development and maintenance of the unified digital platform, training for teachers, and support for local boards of education in streamlining paperwork in alignment with the Renewing Alabama’s Investment in Student Excellence (RAISE) Act, as appropriate.

(b) The purpose of this section is to accomplish all of the following:

(1) Streamline and reduce the paperwork burdens placed on Alabama teachers related to the required documentation for the Alabama Literacy Act, the Alabama Numeracy Act, other laws or policies where paperwork may be reduced or streamlined in a compliant manner, and other educational programs.

(2) Improve teacher morale and retention by reducing noninstructional administrative burdens.

(c) The State Department of Education shall do all of the following:

(1) Work with local boards of education to create a unified digital platform that consolidates the required documentation for the Alabama Literacy Act as determined by the Literacy Task Force, Alabama Numeracy Act as determined by the Elementary Mathematics Task Force, other laws or policies where paperwork may be reduced or streamlined in a compliant manner, and other relevant educational programs into a single, user-friendly system.

(2) Collaborate with stakeholders including, but not limited to, teachers, administrators, and legal experts, to:

a. Eliminate redundant documentation requirements across different programs;

b. Standardize forms and reporting formats to reduce complexity and time spent on paperwork; and

c. Ensure that documentation requirements align with state and federal rules and regulations, while reducing unnecessary paperwork.

(3) Develop and implement, beginning with the 2026-2027 school year, a system of data sharing among the Alabama Literacy Act as determined by the Literacy Task Force, the Alabama Numeracy Act as determined by the Elementary Mathematics Task Force, other laws or policies where paperwork may be reduced or streamlined in a compliant manner, and other educational programs to ensure that information entered once is able to be used across multiple documentation platforms to reduce repetitive input by teachers.

(4) Work with the Alabama Public Education Paperwork Reduction Committee taking into consideration ongoing efforts to effectively streamline paperwork to avoid duplication of efforts.

(5) Annually review and audit all paperwork requirements to assess if further streamlining is necessary. The department shall actively solicit input from teachers during the annual review process.

(d)(1) The Alabama Public Education Paperwork Reduction Committee is created. The committee shall consist of teachers representing all grade levels and as many subject matters as practicable. The committee shall include one principal, one curriculum director, one special education coordinator, one instructional coach, and one interventionist. Not less than 75 percent of the membership of the committee shall consist of nonadministrative teachers actively engaged in full-time classroom instruction.

(2)a. The organizational meeting of the committee shall be held no later than September 1, 2025. At the organizational meeting, and annually thereafter, the membership of the committee shall elect a chair from among its membership. The committee shall meet quarterly to assess the effectiveness of paperwork streamlining measures, offer recommendations for further improvement, and ensure that teachers’ needs are being met in the areas of paperwork reduction. If more than 100 days have elapsed since the last meeting of the committee, a meeting may be called by the chair or by written petition of a majority of the membership of the committee.

b. Members of the committee may participate in a meeting of the committee by means of telephone conference, video conference, or similar communications equipment by means of which all members 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, including constituting a quorum.

(3) The State Superintendent of Education shall solicit applications from teachers to serve on the committee. From those applications, the state superintendent shall submit recommendations to the State Board of Education for appointment to a two-year term. The nominating and appointing authorities shall coordinate their nominations and appointments to assure the committee membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. Vacancies shall be filled in a like manner.

(4) The committee shall submit a report to the State Superintendent of Education after each meeting. The report shall include recommendations for reducing paperwork requirements for public school teachers and an overview detailing the effectiveness of existing measures. The State Superintendent of Education shall respond, in writing, to the recommendations of the committee and shall submit each report, with his or her response, to the State Board of Education for discussion during the next board meeting. No additional required paperwork mandate shall be implemented by the State Department of Education or State Board of Education without first vetting the requirement with and receiving approval from the committee.

(5) Members of the committee shall not be compensated for their service but may be reimbursed their actual expenses for attending committee meetings. A local board of education shall provide any teacher appointed to the committee with permission to attend committee meetings and may not deduct from that teacher’s leave or pay for his or her attendance of committee meetings.

(e)(1) All local boards of education shall comply with this section and the requirements developed by the department regarding the use of the streamlined paperwork system. The State Department of Education shall conduct annual audits to ensure compliance with these requirements. (2) Any local board of education failing to implement the streamlined documentation system shall face corrective action including, but not limited to, retraining of administrators or other measures to ensure compliance with this section. (f) The Legislature shall allocate necessary funding to the State Department of Education to support the development and maintenance of the unified digital platform, training for teachers, and support for local boards of education in streamlining paperwork in alignment with the Renewing Alabama’s Investment in Student Excellence (RAISE) Act, as appropriate.

(2) Any local board of education failing to implement the streamlined documentation system shall face corrective action including, but not limited to, retraining of administrators or other measures to ensure compliance with this section.

(f) The Legislature shall allocate necessary funding to the State Department of Education to support the development and maintenance of the unified digital platform, training for teachers, and support for local boards of education in streamlining paperwork in alignment with the Renewing Alabama’s Investment in Student Excellence (RAISE) Act, as appropriate.
Ala. Code § 16-6F-8 — Alabama Code / Title 16 / Chapter 6F / Section 16-6F-8
Section 16-6F-8 Performance Framework; Oversight; Renewal; Revocation; School Closure and Dissolution; Reporting
Status: in_force

(a) Performance framework.

(1) The performance provisions within the charter contract shall be based on a performance framework that clearly sets forth the academic and operational performance indicators, measures, and metrics that will guide the authorizer’s evaluations of each public charter school. The performance framework shall include indicators, measures, and metrics for, at a minimum:

a. Student academic proficiency, which includes, but is not limited to, performance on state standardized assessments.

b. Student academic growth, which includes, but is not limited to, performance on state standardized assessments.

c. Achievement gaps in both proficiency and growth between major student subgroups.

d. Attendance.

e. Recurrent enrollment from year to year.

f. Postsecondary readiness for high schools.

g. Financial performance and sustainability.

h. Board performance and stewardship, including compliance with all applicable laws, regulations, and terms of the charter contract.

(2) Annual performance targets shall be set by each public charter school in conjunction with its authorizer, and shall be designed to help each school meet applicable federal, state, and authorizer expectations.

(3) The performance framework shall allow the inclusion of additional rigorous, valid, and reliable indicators proposed by a public charter school to augment external evaluations of its performance, provided that the authorizer approves the quality and rigor of such school-proposed indicators, and they are consistent with the purposes of this chapter.

(4) The performance framework shall require the disaggregation of all student performance data by major student subgroups (gender, race, poverty status, special education status, English learner status, and gifted status).

(5) For each public charter school it oversees, the authorizer shall be responsible for collecting, analyzing, and reporting all data from state assessments in accordance with the performance framework.

(6) Multiple schools overseen by a single governing board shall be required to report their performance as separate, individual schools, and each school shall be held independently accountable for its performance.

(b) Ongoing oversight and corrective action.

(1) An authorizer shall continually monitor the performance and legal compliance of the public charter schools it oversees, including collecting and analyzing data to support ongoing evaluation according to the charter contract. Every authorizer shall have the authority to conduct or require oversight activities that enable the authorizer to fulfill its responsibilities under this chapter, including conducting appropriate inquiries and investigations, so long as those activities are consistent with the intent of this chapter, adhere to the terms of the charter contract, and do not unduly prohibit the autonomy granted to public charter schools.

(2) Each authorizer shall annually publish and provide, as part of its annual report to the department and the Legislature, a performance report for each public charter school it oversees, in accordance with the performance framework set forth in the charter contract and Section 16-6F-6. The authorizer may require each public charter school it oversees to submit an annual report to assist the authorizer in gathering complete information about each school, consistent with the performance framework.

(3) In the event that a public charter school’s performance or legal compliance appears unsatisfactory, the authorizer shall promptly notify the public charter school of the perceived problem and provide reasonable opportunity for the school to remedy the problem, unless the problem warrants revocation, in which case the revocation timelines shall apply.

(4) Every authorizer shall have the authority to take appropriate corrective actions or exercise sanctions short of revocation in response to apparent deficiencies in public charter school performance or legal compliance. Such actions or sanctions may include, if warranted, requiring a school to develop and execute a corrective action plan within a specified time frame.

(c) Renewals, revocations, and nonrenewals.

(1) A charter may be renewed for successive five-year terms of duration, although the authorizer may vary the term based on the performance, demonstrated capacities, and particular circumstances of each public charter school. An authorizer may grant renewal with specific conditions for necessary improvement to a public charter school.

(2) No later than July 15, the authorizer shall issue a public charter school performance report and charter renewal application guidance to any public charter school whose charter is scheduled to expire the following year. The performance report shall summarize the public charter school’s performance record to date, based on the data required by this chapter and the charter contract, and shall provide notice of any weaknesses or concerns perceived by the authorizer concerning the public charter school that may jeopardize its position in seeking renewal if not timely rectified. The public charter school shall have 15 calendar days to respond to the performance report and submit any corrections or clarifications for the report.

(3) The renewal application guidance, at a minimum, shall provide an opportunity for the public charter school to do all of the following:

a. Present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal.

b. Describe improvements undertaken or planned for the school.

c. Detail the school’s plans for the next charter term.

(4) The renewal application guidance shall include or refer explicitly to the criteria that will guide the authorizer’s renewal decisions, which shall be based on the performance framework set forth in the charter contract and consistent with this chapter.

(5) No later than October 1, the governing board of a public charter school seeking renewal shall submit a renewal application to the charter authorizer pursuant to the renewal application guidance issued by the authorizer. The authorizer shall rule by resolution on the renewal application no later than 30 days after the filing of the renewal application.

(6) In making charter renewal decisions, every authorizer shall do all of the following:

a. Ground its decisions in evidence of the school’s performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract.

b. Ensure that data used in making renewal decisions are available to the school and the public.

c. Provide a public report summarizing the evidence basis for each decision.

(7) A charter contract may be revoked at any time if the authorizer determines that the public charter school did any of the following or otherwise failed to comply with this chapter:

a. Commits a material and substantial violation of any of the terms, conditions, standards, or procedures required under this chapter or the charter contract.

b. Fails to meet or make sufficient progress toward the performance expectations set forth in the charter contract.

c. Fails to attain the minimum state proficiency standard for public charter schools in each year of their operation and over the charter term.

d. Fails to meet generally accepted standards of fiscal management.

e. Substantially violates any material provision of law from which the public charter school was not exempted.

(8) An authorizer may non-renew a public charter school if the authorizer determines that the public charter school did any of the following or otherwise failed to comply with this chapter:

a. Commits a material and substantial violation of any of the terms, conditions, standards, or procedures required under this chapter or the charter contract.

b. Fails to meet the performance expectations set forth in the charter contract.

c. Fails to meet generally accepted standards of fiscal management.

d. Substantially violates any material provision of law from which the public charter school was not exempted.

(9) A charter contract shall not be renewed at the end of the contract term if the public charter school fails to meet the performance expectations set forth in the charter contract, or fails to attain the minimum state proficiency standard for public charter schools (minimum state standard) in each year of its operation and over the charter term, unless the public charter school demonstrates and the authorizer affirms, through formal action of its board, that other indicators of strength and exceptional circumstances justify the continued operation of the school. At the time of renewal, any public charter school that has received a grade of F on the statewide accountability system for all public schools pursuant to Section 16-6C-2, or a grade of D or F for the past three most recent years shall be considered to fall below the minimum state standard.

(10) An authorizer shall develop revocation and nonrenewal processes that do all of the following:

a. Provide the charter holders with a timely notification of the prospect of revocation or nonrenewal and of the reasons for such possible closures.

b. Allow the charter holders a reasonable amount of time in which to prepare a response.

c. Provide the charter holders with an opportunity to submit documents and give testimony challenging the rationale for closure and in support of the continuation of the school at an orderly proceeding held for that purpose.

d. Allow the charter holders access to representation by counsel, at the expense of the charter holder, and to call witnesses on their behalf.

e. Permit the recordings of such proceedings.

f. After a reasonable period for deliberation, require a final determination be made and conveyed in writing to the charter holders.

(11) If an authorizer revokes or does not renew a charter, the authorizer shall clearly state, in a resolution, the reasons for the revocation or nonrenewal.

(12) Within 15 days of taking action to renew, not renew, or revoke a charter, the authorizer shall report to the department the action taken, and shall provide a copy of the report to the public charter school at the same time that the report is submitted to the department. The report shall include a copy of the authorizer’s resolution setting forth the action taken and reasons for the decision and assurances as to compliance with all of the requirements set forth in this chapter.

(d) School closure and dissolution.

(1) Prior to any public charter school closure decision, an authorizer shall have developed a public charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property, and assets in accordance with the requirements of this chapter. The protocol shall specify tasks, timelines, and responsible parties, including delineating the respective duties of the school and the authorizer.

(2) In the event of a public charter school closure for any reason, the authorizer shall oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents, as guided by the closure protocol. In the event of a public charter school closure for any reason, the assets of the school shall be distributed first to satisfy outstanding payroll obligations for employees of the school, then to creditors of the school, and then to the State Treasury to the credit of the Education Trust Fund. If the assets of the school are insufficient to pay all parties to whom the school owes compensation, the prioritization of the distribution of assets may be determined by decree of a court of law.

(e) Charter transfers. Transfer of a charter contract, and of oversight of that public charter school, from one authorizer to another before the expiration of the charter term shall not be permitted except by special petition to the department by a public charter school or its authorizer. The department shall review such petitions on a case-by-case basis and may grant transfer requests in response to special circumstances and evidence that such a transfer would serve the best interests of the public charter school’s students.

(f) Annual report. On or before November 1 of each year beginning in the first year after the state has had public charter schools operating for a full school year, the department shall issue to the Governor, the Legislature, and the public at large, an annual report on the state’s public charter schools, drawing from the annual reports submitted by every authorizer as well as any additional relevant data compiled by the department, for the school year ending in the preceding calendar year. The annual report shall include a comparison of the performance of public charter school students with the performance of academically, ethnically, and economically comparable groups of students in non-charter public schools. In addition, the annual report shall include the department’s assessment of the successes, challenges, and areas for improvement in meeting the purposes of this chapter, including the department’s recommendations as to any suggested changes in state law or policy necessary to strengthen the state’s public charter schools.
Ala. Code § 16-46B-5 — Alabama Code / Title 16 / Chapter 46B / Section 16-46B-5
Section 16-46B-5 Computer Science Education Task Force
Status: in_force

(a) The Governor shall establish a computer science education task force to develop a state strategic plan for expanding computer science education in the public schools in Alabama.

(b) The membership of the task force shall include all of the following:

(1) One member of the House of Representatives, as appointed by the Speaker of the House, and one member of the Senate, as appointed by the President Pro Tempore of the Senate.

(2) A representative of the board, as appointed by the board.

(3) The state computer science specialist and two additional representatives of the department, as appointed by the superintendent.

(4) A representative of the Department of Early Childhood Education, as appointed by the secretary.

(5) A representative of the Alabama Community College System, as appointed by the board of trustees of the system.

(6) A representative of the Alabama Workforce Council, as appointed by the council.

(7) A representative of the Alabama Education Association, as appointed by the executive director.

(8) A representative of the Alabama Association of School Boards, as appointed by the executive director.

(9) A representative of the School Superintendents of Alabama, as appointed by the executive director.

(10) A representative of the Council for Leaders in Alabama Schools, as appointed by the board of directors.

(11) A representative of A Plus Education Partnership, as appointed by the board of directors.

(12) A representative of the Business Education Alliance of Alabama, as appointed by the president.

(13) The education policy advisor to the Governor.

(14) A representative of the Alabama Workforce Development Board, as appointed by the board.

(15) Two geographically and sector diverse industry representatives, including individuals with software and computer science specific focus, as appointed by the Governor.

(16) A representative of Alabama historically black colleges and universities, as appointed by the Lieutenant Governor.

(17) Two representatives from four-year colleges and universities, as appointed by the Executive Director of the Alabama Commission on Higher Education.

(18) One teacher leader from a statewide association representing computer science teachers and three computer science teachers with representation from the grade bands of high school, middle school, and elementary school, as appointed by the superintendent.

(19) Two curriculum and professional development providers, as appointed by the superintendent.

(20) Other representatives as determined by the Governor.

(c) All appointing authorities shall coordinate their appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state. Members of the task force shall serve without compensation. The expenses of members who are legislators may be paid out of any funds appropriated to the Legislature or out of any funds appropriated for joint interim committees of the Legislature, but in the amounts as if they were performing legislative duties.

(d) The superintendent, in consultation with the task force, shall develop a state strategic plan for a statewide computer science education initiative including, but not limited to, all of the following:

(1) A statement of purpose that describes the objectives or goals the department desires to accomplish by implementing a computer science education initiative, the strategies by which those goals shall be achieved, and a timeline for achieving those goals.

(2) A summary of the current state landscape for K-12 computer science education, including metrics on the diversity of students taking those courses.

(3) A plan for expanding computer science education opportunities to every school in the state within five years as provided in Section 16-46B-2.

(4) A plan for the development of rigorous standards and curriculum guidelines for K-12 computer science, including ways to incorporate computer science into existing standards at the elementary school level, as appropriate.

(5) A plan for defining high quality computer science professional learning for preservice teachers and inservice teachers seeking a computer science endorsement or course specific permit, as provided in Section 16-46B-6.

(6) An ongoing evaluation process of the computer science initiative that is overseen by the superintendent in consultation with the task force.

(7) Proposed rules that incorporate the principles of the state strategic plan for computer science education into the public education system of the state.

(8) A plan to ensure long term sustainability of the computer science initiative.

(9) A plan for the task force to annually review and make recommendations to the superintendent for approved computer science professional learning to satisfy requirements for the computer science permit.

(e) On or before December 31, 2019, the superintendent, after consultation with the task force, shall present the state strategic plan for computer science education to the Chair of the House Education Policy Committee and the Chair of the Senate Education Policy Committee.

(f) The task force shall perpetuate after the deadline provided in subsection (e), at the pleasure of the Governor, for the purposes of carrying out subdivision (6) of subsection (d). Members of the task force shall serve at the pleasure of the Governor after the deadline provided in subsection (e).

(g) The superintendent shall implement this chapter within the department, including the development and implementation of the state strategic plan for computer science education.
Ala. Code § 16-60-264 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-264
Section 16-60-264 Academy to Conduct Studies, Research, Demonstrations
Status: in_force

The Alabama Mining Academy shall conduct such studies, research, experiments, and demonstrations as may be appropriate:

(1) To improve working conditions and practices in coal or other mines, and to prevent accidents and occupational diseases originating in the coal or other mining industry;

(2) To prepare and publish from time to time, reports on new, innovative approaches to safer, more productive mining techniques;

(3) To develop improved means or methods of training maintenance personnel;

(4) To develop and continually upgrade programs for the safety awareness training of Alabama miners;

(5) To develop and maintain state-of-the-art training for electrical personnel;

(6) To maintain and train two fully equipped well-trained mine rescue teams;

(7) To develop techniques for the prevention and control of roof falls; and

(8) To develop new or improved means and methods of mine ventilation.
Ala. Code § 16-53-7.1 — Alabama Code / Title 16 / Chapter 53 / Section 16-53-7.1
Section 16-53-7.1 Board of Trustees - Limitation of Powers
Status: reserved

Repealed by Act 2006-576, p. 1513, §2, effective July 1, 2006.
Ala. Code § 16-4-1.1 — Alabama Code / Title 16 / Chapter 4 / Section 16-4-1.1
Section 16-4-1.1 Vacancies
Status: in_force

(a) Notice of a vacancy in the position of State Superintendent of Education shall be posted by the State Board of Education. The notice shall be posted on the Internet and in a conspicuous place at each school campus and worksite, including all state and local board of education offices, at least 30 calendar days before the position is to be filled. The notice shall remain posted until the position is filled and shall include, but not necessarily be limited to, all of the following:

(1) Job description and title.

(2) Required qualifications.

(3) Salary amount.

(4) Information on where to submit an application.

(5) Information on any deadlines for applying.

(6) Any other relevant information.

(b) The State Board of Education may adopt or continue policies which are not inconsistent with this section. The position shall not be filled during the required posting period, except as herein provided. The posting of a vacancy notice as required in this section shall not be abridged or delayed except in emergency circumstances and then delayed only temporarily in order to reasonably meet the conditions of the emergency. Violation of the notice requirements of this section by the board shall void any related employment action taken by the board.

(c) A vacancy in the position of State Superintendent of Education shall be filled by the State Board of Education within 120 days after the vacancy occurs. The board may temporarily fill the position on an interim basis for not more than two six-month periods.
Ala. Code § 16-50-30 — Alabama Code / Title 16 / Chapter 50 / Section 16-50-30
Section 16-50-30 Reports to Legislature
Status: in_force

It shall be the duty of the board of trustees to make or cause to be made to the Legislature, at each session thereof, a full report of its transactions and of the condition of the university, embracing an itemized account of all receipts and disbursements on account of the university by those charged with the administration of its finances.
Ala. Code § 16-25-103 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-103
Section 16-25-103 Funding for Benefits
Status: in_force

The Board of Control of the Teachers’ Retirement System shall determine annually the amount to pay the cost of the benefits provided in this article and shall notify the chief fiscal officer of each employer the percentum rate of earnable compensation required to be paid to the retirement system. Each employer of members of the Teachers’ Retirement System of Alabama shall pay on account of the increase provided in this article in the same manner and from the same source of funds as is provided in Section 16-25-21, it being the intent of the Legislature that the cost of providing the increase provided in this article shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
Ala. Code § 16-18B-18 — Alabama Code / Title 16 / Chapter 18B / Section 16-18B-18
Section 16-18B-18 Diversity of Corporation
Status: in_force

The Alabama Forensic Sciences Bond Authority shall, to the extent possible and practical, utilize businesses and companies in all aspects of the bond and construction sections of this article that reflect the racial and ethnic diversity of the state.
Ala. Code § 16-17-9 — Alabama Code / Title 16 / Chapter 17 / Section 16-17-9
Section 16-17-9 Remedies Under Lease Agreements
Status: in_force

If there is any default in the payment of any rental required to be paid or in the performance of any covenant required to be performed by any educational institution under the provisions of any lease agreement between such educational institution and an authority, the authority and any pledgee of such lease agreement, or either, may by appropriate proceedings enforce and compel payment of such rental and performance of such covenant.
Ala. Code § 16-23-16.2 — Alabama Code / Title 16 / Chapter 23 / Section 16-23-16.2
Section 16-23-16.2 Criminal History Background Check for Teacher Preparation Program Applicants
Status: in_force

(a) Each two-year and four-year institution of higher education in the state shall require each applicant for admission to a teacher preparation program to complete a criminal history background information check as a part of the initial application process.

(b) The criminal history background information check shall be administered in a manner prescribed by the institution of higher education that is consistent with the Alabama Child Protection Act of 1999, and rules promulgated by the State Department of Education.

(c) Any publication of an institution of higher education, that describes the requirements for or application process for a teacher preparation program offered by the institution, shall also inform prospective students of the requirements of this section.
Ala. Code § 16-6C-3 — Alabama Code / Title 16 / Chapter 6C / Section 16-6C-3
Section 16-6C-3 Legislative School Performance Recognition Program
Status: in_force

(a) The Legislative School Performance Recognition Program is created within the State Department of Education to reward public schools that either:

(1) Demonstrate high performance by being ranked in the top 25 percent of public schools, as ranked in the school grading system created in Section 16-6C-2.

(2) Demonstrate exemplary progress by improving the overall annual ranking of the school by at least one letter grade, as ranked in the school grading system created in Section 16-6C-2.

(b) All public schools that are ranked in the school grading system created in Section 16-6C-2 are eligible to participate in the program.

(c) The State Superintendent of Education shall prescribe guidelines for how the program shall be administered and implemented by not later than December 31, 2013, but the program may not be implemented by the State Superintendent of Education or the State Department of Education until both of the following have occurred:

(1) Rules governing how the program is to be administered and implemented have been promulgated by the State Department of Education pursuant to the Alabama Administrative Procedure Act.

(2) The school grading system created in Section 16-6C-2 is in its second academic year of implementation.

(d) In developing the program, the State Superintendent of Education shall seek input from parents, teachers, school administrators, existing State Department of Education advisory groups or task forces, and other education stakeholders on how the program may properly reflect not only the overall academic proficiency of each public school but also the academic improvements made by each public school.

(e) Selected schools shall receive financial awards depending on the availability of funds appropriated by the Legislature to the program. The State Superintendent of Education shall distribute funds to eligible schools on a competitive basis based on the criteria set forth in this section as well as in the rules governing how the program is to be administered and implemented. When funds are awarded, the State Superintendent of Education may award no more than 20 percent of the total appropriation to those schools eligible for an award pursuant to subdivision (1) of subsection (a). Any remaining amounts shall be awarded to those schools eligible for an award pursuant to subdivision (2) of subsection (a). No school may be eligible for an award pursuant to both subdivision (1) and subdivision (2) of subsection (a) at the same time.

(f) Subject to the rules governing how the program is to be administered and implemented, a school eligible for an award pursuant to subdivision (1) or subdivision (2) of subsection (a) shall be exempt from any statute or regulation related to the prescribed use of funds at the school level, or any categorical spending requirements imposed through the appropriation of funds from the state, except those requirements associated with the receipt of federal funds. A school eligible for an award pursuant to subdivision (1) or subdivision (2) of subsection (a) shall be eligible for the flexibility provided by this subsection regardless of whether the school receives a financial award as contemplated by subsection (e).

(g) A list of schools eligible for an award pursuant to subdivision (1) or subdivision (2) of subsection (a) shall be annually posted by the State Superintendent of Education on the website of the department.
Ala. Code § 16-60-57 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-57
Section 16-60-57 Programs to Be Offered
Status: in_force

The college shall offer to all eligible students in attendance a program of general education consisting of courses parallel to those of the first and second years of work at a state institution of higher learning offering a four-year course. The college shall also offer and administer a program for vocational education. The State Board of Education shall prescribe minimum standards which must be met and which will assure that the purposes of the junior college are attained.
Ala. Code § 16-16-2 — Alabama Code / Title 16 / Chapter 16 / Section 16-16-2
Section 16-16-2 Legislative Findings of Fact and Declaration of Intent; Liberal Construction of Chapter
Status: in_force

The Legislature hereby makes the findings of fact and declaration of intent hereinafter set forth in this section. The great increase during recent years in the number of students enrolled in the public schools and in other educational institutions in the state that are supported wholly or in part by the state, the anticipated further increase in the enrollment of students in such schools and educational institutions resulting from the greatly increased birth rate and other factors, the increased enrollment in other public institutions in the state and the need to supply additional educational facilities at those other public institutions for the purpose of maintaining and further developing educational programs for the inmates of those institutions have made it imperative that buildings and other facilities for educational purposes be constructed and equipped in all parts of the state. The taxes and other revenues set aside and devoted by law to educational purposes are not sufficient to make the large capital outlays required for such construction and to carry on also the maintenance and operation of the said schools and institutions. The only feasible way in which the needed buildings can be provided is by anticipating the receipt of a portion of the revenues devoted by law to educational purposes by capitalizing those revenues to the end that they may be applied for retirement of the costs of said construction as such revenues are received during the useful life of said buildings. It is, therefore, necessary and desirable that those portions of the excise taxes known as the state sales tax and the state use tax that are required by law to be paid into the Education Trust Fund be anticipated in the manner hereinafter provided for the purpose of effecting the needed capital outlays. It is the intention of the Legislature by the passage of this chapter to authorize the formation of a public corporation for the purpose of providing for the acquisition of such buildings, including sites and equipment therefor, and to authorize said corporation, in order to provide for such acquisition, to anticipate those portions of the two excise taxes hereinafter referred to that are now required by law to be paid into the Education Trust Fund by issuing the bonds of said corporation payable solely out of and secured by a pledge of the said portions of those excise taxes. This chapter shall be liberally construed in conformity with said purpose.
Ala. Code § 16-16-17 — Alabama Code / Title 16 / Chapter 16 / Section 16-16-17
Section 16-16-17 Swap Agreements
Status: in_force

Notwithstanding any other provision of law, including without limitation Article 3 of Chapter 1 of Title 41, the Public School and College Authority shall not enter into any swap agreement involving the bonds authorized to be issued by Act 2010-731 or Act 2009-813. For purposes of the preceding sentence, swap agreement shall have the same meaning as provided in Section 41-1-41.
Ala. Code § 16-6F-7 — Alabama Code / Title 16 / Chapter 6F / Section 16-6F-7
Section 16-6F-7 Applicant Proposals; Conversion to Public Charter School; Terms of Charters; Contracts
Status: in_force

(a) Request for proposals.

(1) To solicit, encourage, and guide the development of quality public charter school applications, every local school board, in its role as public charter school authorizer, shall issue and broadly publicize a request for proposals for public charter school applications by July 17, 2015, and by November 1 in each subsequent year. The content and dissemination of the request for proposals shall be consistent with the purposes and requirements of this act.

(2) Public charter school applicants may submit a proposal for a particular public charter school to no more than one local school board at a time.

(3) The department shall annually establish and disseminate a statewide timeline for charter approval or denial decisions, which shall apply to all authorizers in the state.

(4) Each local school board’s request for proposals shall present the board’s strategic vision for chartering, including a clear statement of any preferences the board wishes to grant to applications that help at-risk students.

(5) The request for proposals shall include or otherwise direct applicants to the performance framework that the authorizer has developed for public charter school oversight and evaluation in accordance with this chapter.

(6) The request for proposals shall include the criteria that will guide the authorizer’s decision to approve or deny a charter application.

(7) The request for proposals shall state clear, appropriately detailed questions as well as guidelines concerning the format and content essential for applicants to demonstrate the capacities necessary to establish and operate a successful public charter school.

(8) The request for proposals shall require charter applications to provide or describe thoroughly all of the following essential elements of the proposed school plan:

a. An executive summary.

b. The mission and vision of the proposed public charter school, including identification of the targeted student population and the community the school hopes to serve.

c. The location or geographic area proposed for the school.

d. The grades to be served each year for the full term of the charter contract.

e. Minimum, planned, and maximum enrollment per grade per year for the term of the charter contract.

f. Evidence of need and community support for the proposed public charter school.

g. A brief biography regarding the expertise and background on the proposed founding governing members and the proposed school leadership and management team.

h. The school’s proposed calendar and sample daily schedule.

i. A description of the academic program.

j. A description of the school’s instructional design, including the type of learning environment, such as classroom-based or independent study, class size and structure, curriculum overview, and teaching methods.

k. The school’s plan for using internal and external assessments to measure and report student progress.

l. The school’s plan for identifying and successfully serving students with disabilities, students who are English language learners, students who are academically behind, and gifted students, including, but not limited to, compliance with applicable laws and regulations.

m. A description of cocurricular or extracurricular programs and how they will be funded and delivered.

n. Plans and timelines for student recruitment and enrollment, including random selection procedures in the event that interest exceeds capacity.

o. The school’s student discipline policies, including those for special education students.

p. An organization chart that clearly presents the school’s organizational structure, including lines of authority and reporting between the governing board, staff, any related bodies, such as advisory bodies or parent and teacher councils, and any external organizations that will play a role in managing the school.

q. A clear description of the roles and responsibilities for the governing board, the school’s leadership and management team, and any other entities shown in the organization chart.

r. A staffing chart for the school’s first year, and a staffing plan for the term of the charter.

s. Plans for recruiting and developing school leadership and staff.

t. The school’s leadership and teacher employment policies, including performance evaluation plans.

u. Proposed governing bylaws.

v. Explanations of any partnerships or contractual relationships central to the school’s operations or mission.

w. The school’s plans for providing transportation, food service, and all other significant operational or ancillary services.

x. Opportunities and expectations for parental involvement.

y. A detailed school start-up plan, identifying tasks, timelines, and responsible individuals.

z. Description of the school’s financial plan and policies, including financial controls and audit requirements. This plan shall include a disclosure of all donations of private funding, if any, including, but not limited to, gifts received from foreign governments, foreign legal entities, and, when reasonably known, domestic entities affiliated with either foreign governments or foreign legal entities.

aa. A description of the insurance coverage the school will obtain.

bb. Start-up and five-year budgets with clearly stated assumptions.

cc. Evidence of anticipated fundraising contributions, if claimed in the application.

dd. A sound facilities plan, including backup or contingency plans, if appropriate.

ee. In the case of an applicant who has submitted an application for 501(c)(3) tax-exempt status, but has not yet been approved for 501(c)(3) tax-exempt status, the applicant shall submit a copy of the application for 501(c)(3) tax-exempt status.

ff. Any other item that the authorizer deems appropriate to assess the applicant’s ability to successfully open and operate a public charter school.

(9) Conversion public charter schools. A local school board may convert a non-charter public school to a public charter school.

a. Any local school board’s decision to convert a school is not appealable to the commission.

1. After identifying the non-charter public school it has decided to convert to a public charter school, a local school board shall release a request for proposals, allowing education service providers the opportunity to submit applications to manage the specific school as a public charter school under the terms of this chapter.

2. The conversion must occur at the beginning of an academic school year and shall be subject to compliance with this chapter.

3. At the time of conversion to a public charter school, any teacher or administrator in the newly converted public charter school shall have the opportunity to interview for a position in the public charter school. The public charter school is under no obligation to hire any teacher or administrator.

4. At the time of conversion to a public charter school, any teacher or administrator in the public charter school may be allowed to transfer into vacant positions for which they are both certified and qualified in other schools in the school system prior to the hiring of new personnel for those vacant positions.

5. If personnel reductions are contemplated as the result of a conversion to a charter model, that shall be clearly stated in the application. An approved conversion shall constitute decreased student enrollment or a shortage of revenues, or both, for the purposes of the local school board implementing a reduction in force pursuant to Section 16-1-33.

b. After an education service provider has been identified to manage the non-charter public school, the local school board shall negotiate a performance contract with the selected education service provider as set forth in subdivision (1) of subsection (e).

(10) In the case of a proposed public charter school that intends to contract with an education service provider for substantial education services, management services, or both types of services, the request for proposals shall additionally require the applicants to do all of the following:

a. Provide evidence of the education service provider’s success in serving student populations similar to the targeted population, including demonstrated academic achievement as well as successful management of nonacademic school functions, if applicable.

b. Provide a term sheet setting forth the proposed duration of the service contract; roles and responsibilities of the governing board; the school staff; and the education service provider; scope of services and resources to be provided by the education service provider; performance evaluation measures and timelines; compensation structure, including clear identification of all fees to be paid to the education service provider; methods of contract oversight and enforcement; investment disclosure; and conditions for renewal and termination of the contract.

c. Disclose and explain any existing or potential conflicts of interest between the school governing board and proposed education service provider or any affiliated business entities.

(11) In the case of a public charter school proposal from an applicant that currently operates one or more schools inside or outside of Alabama, the request for proposals shall additionally require the applicant to provide evidence of past performance and current ability to manage for growth.

(b) Application decision-making process.

(1) In evaluating and reviewing charter applications, authorizers shall employ procedures, practices, and criteria consistent with nationally recognized principles and standards for quality charter authorizing. The application review process shall include thorough evaluation of each written charter application, an in-person interview with the applicant group, and an opportunity in a public forum for local residents to learn about and provide input on each application.

(2) In deciding whether to approve charter applications, authorizers shall do all of the following:

a. Grant charters only to applicants that have demonstrated competence in each element of the authorizer’s published approval criteria and are likely to open and operate a successful public charter school.

b. Base decisions on documented evidence collected through the application review process.

c. Follow charter-granting policies and practices that are transparent, based on merit, and avoid conflicts of interest or any appearance thereof.

d. In the case of the commission, require significant and objective evidence of interest for the public charter school from the community the public charter school wishes to serve.

(3) An authorizer shall not approve a public charter school application that includes any of the following:

a. Admissions requirements for entry, including, but not limited to academic proficiency, particular skills or competencies, or financial means.

b. Any parochial or religious theme.

(4) No later than 60 days after the filing of the charter application, the authorizer shall decide to approve or deny the charter application; however, an application submitted by a public historically black college or university (HBCU), in partnership with a national nonprofit public HBCU support organization, for a charter school to be operated on or near the campus of the HBCU may be considered for expedited approval by the authorizer. The authorizer shall adopt by resolution all charter approval or denial decisions in an open meeting. If no action is taken on the application within 60 days, the application shall be considered denied and the applicant may appeal the decision to the commission.

(5) An approval decision may include, if appropriate, reasonable conditions that the charter applicant must meet before a charter contract may be executed pursuant to this section.

(6) For any charter denial, the authorizer shall clearly state, for public record, its reasons for denial. A denied applicant may subsequently reapply to that board the following year or appeal the denial to the commission.

(7) Within 30 days of taking action to approve or deny a charter application, the authorizer shall report to the department the action it has taken. The authorizer shall provide a copy of the report to the charter applicant at the same time that the report is submitted to the department. The report shall include a copy of the authorizer’s resolution setting forth the action taken and reasons for the decision and assurances as to compliance with all of the procedural requirements and application elements set forth in this section.

(c)(1) The applicant for a public charter school, the local school board for the district in which a public charter school is proposed to be located, and the authorizer shall carefully review the potential impact of an application for a public charter school on the efforts of the local school system to comply with court orders and statutory obligations for creating and maintaining a unitary system of desegregated public schools.

(2) The authorizer shall attempt to measure the likely impact of a proposed public charter school on the efforts of local school systems to achieve and maintain a unitary system.

(3) The authorizer shall not approve any public charter school under this chapter that hampers, delays, or in any manner negatively affects the desegregation efforts of a local school system.

(d) Initial charter term. An initial charter shall be granted for a term of five operating years. The charter term shall commence on the public charter school’s first day of operation. An approved public charter school may delay its opening for one school year in order to plan and prepare for the school’s opening. If the school requires an opening delay of more than one year, the school shall request an extension from its authorizer. The authorizer may grant or deny the extension depending on the particular school’s circumstances.

(e) Charter contracts.

(1) Within 60 days of approval of a charter application, the authorizer and the governing board of the approved public charter school shall execute a charter contract that clearly sets forth the academic and operational performance expectations and measures by which the public charter school will be judged and the administrative relationship between the authorizer and the public charter school, including each party’s rights and duties. The performance expectations and measures set forth in the charter contract shall include, but need not be limited to, applicable federal and state accountability requirements. The performance provisions may be refined or amended by mutual agreement after the public charter school is operating and has collected baseline achievement data for its enrolled students. A governing board shall have received 501(c)(3) tax exempt status before beginning charter contract negotiations.

(2) The charter contract shall be signed by the president of the authorizer’s board and the president of the public charter school’s governing body. Within 10 days of executing a charter contract, the authorizer shall submit to the department written notification of the executed charter contract and any attachments.

(3) No public charter school may commence operations without a charter contract executed in accordance with this chapter and approved in an open meeting of the authorizer’s governing board.

(f) Preopening requirements or conditions. Authorizers may establish reasonable preopening requirements or conditions to monitor the start-up progress of newly approved public charter schools and ensure that they are prepared to open smoothly on the date agreed, and to ensure that each school meets all building, health, safety, insurance, and other legal requirements for school opening.
Ala. Code § 16-60-211 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-211
Section 16-60-211 Corporate Powers
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 16-26E-9 — Alabama Code / Title 16 / Chapter 26E / Section 16-26E-9
Section 16-26E-9 Relation to Other Programs
Status: in_force

It is not the intent of this Legislature to conflict with existing or future programs of the Alabama High School of Mathematics and Science, Chapter 26A of Title 16, the Alabama School of Fine Arts, Chapter 26B of Title 16, or the Alabama School of Cyber Technology and Engineering, Chapter 26D of Title 16.
Ala. Code § 16-17A-2 — Alabama Code / Title 16 / Chapter 17A / Section 16-17A-2
Section 16-17A-2 Definitions
Status: in_force

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

(1) ACADEMIC MEDICAL CENTER. The teaching, research, and clinical facilities provided, established, or operated by a constitutionally created public university in the state or a university that operates a school of medicine.

(2) AUTHORITY. A public corporation organized pursuant to the provisions of this chapter.

(3) BOARD. The board of directors of an authority.

(4) DIRECTOR. A member of the board of an authority.

(5) GOVERNMENTAL ENTITY. The state, a county, a municipality, or any department, agency, board, or commission of the state, a county, or a municipality.

(6) HEALTH CARE FACILITY. All property or rights in property, real or personal, tangible or intangible, useful to an authority in its operations, including without limitation, the following:

a. Facilities necessary or desirable to the operation of an academic medical center, one or more health sciences schools, hospitals, public health care clinics, treatment centers, emergency facilities, outpatient facilities, laboratories, service or support facilities, and any other facilities related to the operation of any of the foregoing.

b. Biomedical or public health research establishments of any type.

c. Ambulance, helicopter, and other similar facilities and services for the transportation of sick or injured persons.

d. Land necessary or desirable to any of the foregoing, whether presently or in the future.

e. Machinery, equipment, furniture, and fixtures useful or desirable in the operation of any of the foregoing.

Health care facilities may serve physical or mental health. A determination by a board that an asset constitutes a health care facility shall be conclusive, absent manifest error.

(7) HEALTH SCIENCES SCHOOL. Any school of medicine, dentistry, nursing, pharmacy, optometry, ophthalmology, and any other health care-related educational program operated or provided by a university in this state.

(8) INDEBTEDNESS. Bonds, notes, certificates of indebtedness, debt securities, capital lease agreements, or any other evidence of indebtedness.

(9) NONPROFIT ORGANIZATION. Any nonprofit corporation, limited liability company, partnership, or other form of business organization in which no part of the income or profit is distributable to any individual or entity other than a university, an authority, a governmental entity, a public corporation, or a nonprofit corporation that is an organization described in Section 501(c)(3) of the Internal Revenue Code.

(10) PUBLIC CORPORATION. A public corporation organized by the state, a county, or a municipality, whether acting alone or jointly, pursuant to state law.

(11) SECURITY DOCUMENT. A trust indenture, loan agreement, lease agreement, mortgage, security instrument or agreement, or other document securing any indebtedness or other obligation of an authority in favor of the holder or holders of any such indebtedness or other obligation or a trustee for such holders.

(12) SPONSORING UNIVERSITY. The university that authorizes the incorporation of an authority.

(13) UNIVERSITY. A constitutionally created public university in the state or a public university in the state that operates a school of medicine.

(14) UNIVERSITY AFFILIATE. Any public corporation or nonprofit organization that is controlled, directly or indirectly, by a university or an authority. A university or authority controls a public corporation or nonprofit organization if it: Owns a majority of any stock, membership interests, partnership interests, or other similar interests, if any, in such entity; has the right or power to appoint a majority of the members of the governing body of the entity; and has the right to distribution of a majority of the assets of the entity upon dissolution. A university or authority may control an entity directly or indirectly through one or more entities each of which qualifies as a university affiliate. Notwithstanding control by a university or authority, an entity is not a university affiliate if any individual or for-profit entity owns any interest in the entity or has the right or power to appoint one or more members of the governing body of the entity or if the mission of the entity is not consistent with the public health mission of a university.
Ala. Code § 16-25-3 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-3
Section 16-25-3 Membership; Membership Credit for Service in Armed Forces of United States; Deferred Benefits
Status: in_force

(a) The membership of the retirement system shall consist of the following: All persons who shall become teachers after the date of establishment shall become members of the retirement system as a condition of their employment. Any person who is a teacher on the date of establishment shall become a member as of that date unless within a period of 90 days next following such teacher shall file with the Board of Control on a form prescribed by the board a notice of his election not to be covered in the membership of the system and a duly executed waiver of all present and prospective benefits which would otherwise inure to him on account of his participation in the retirement system.

(b) A teacher in service on October 1, 1973, whose membership in the retirement system was contingent on his own election and who elected not to become a member may thereafter apply for and be admitted to membership with all prior service credit and with all membership service credit as otherwise provided for in this chapter by applying for such membership within 150 days from September 17, 1973; provided, that said teacher pays to the treasurer of the said retirement system on or before October 1, 1974, a sum equal to the total contributions which he would have made as a member during the period of his employment as a teacher from September 1, 1941, to the date of his application for membership, plus compound interest of eight percent on such contributions. Any member or any retired member who at one time taught as a nonmember may now receive credit for prior service and for the years taught as a nonmember; provided, that member or retired member, within 150 days from September 17, 1973, pays to the treasurer of the said retirement system a sum equal to the total contributions which he would have made as a member during the period of his employment as a teacher from September 1, 1941, to the date he or she became a member, plus compound interest of eight percent on such contributions. As soon as practicable after the expiration of the time for making such elections, the Department of Education, at the request of the Governor, shall furnish him or her a report of the number of teachers in service who applied for membership or credit for prior service. The Board of Control of the Teachers’ Retirement System shall determine and report to the Governor the employer cost for such coverage.

(c) The Board of Control may, in its discretion, deny the right to become members to any class of teachers whose compensation is only partly paid by the state or who are serving on a temporary or other than per annum basis, and it also may, in its discretion, make optional with members in any such class their individual entrance into the retirement system. Should any member in any period of six consecutive years after becoming a member be absent from service more than five years or withdraw his or her contributions, as provided in subsection (g) of Section 16-25-14, or retire or die, he or she shall thereupon cease to be a member.

(d) Notwithstanding, a teacher in service on October 1, 1975, who has full-time military service in the armed forces of the United States, exclusive of service in a reserve or national guard component of any branch of the armed forces, and who has not received credit toward retirement status in the Teachers’ Retirement System of Alabama for said military service, may be granted by the Board of Control membership service credit for the period of such service in the armed forces; provided, that such member pays into the Teachers’ Retirement System, in a lump sum prior to October 1, 1976, an amount equal to four percent of the average compensation paid to a teacher during each claimed year of full-time military service, plus and together therewith, eight percent interest compounded from the last date of such claimed military service; provided further, that such a member shall not receive membership service credit for more than four years of military service and shall receive no credit for military service if such member is receiving military service retirement benefits, other than disability allowances or benefits, from any branch of the United States armed forces or by reason of any such service in any branch of the armed forces or if such member received anything other than an honorable discharge for and including the claimed military service.

(e) Anything in this chapter to the contrary notwithstanding, if any person becoming a member of the Teachers’ Retirement System after October 1, 1975 shall have served in the armed forces of the United States, exclusive of service in a reserve or national guard component of any branch of the armed forces, such member may be granted by the Board of Control membership service credit for such period of service in the armed forces; provided, that such member pays into the Teachers’ Retirement System, in a lump sum within one year next after the first day of the pay period in which the first deduction to the Teachers’ Retirement System is made, after having been honorably discharged from the armed forces, an amount equal to four percent of the average compensation paid to a teacher during each claimed year of full-time military service, plus and together therewith, eight percent interest compounded from the last date of such claimed military service; provided further, that no member shall receive more than four years’ membership service credit for military service, and no credit for military service shall be granted if such member is receiving military service retirement benefits, other than disability allowances or benefits, from any branch of the United States armed forces or by reason of any service in any branch of the armed forces or if such member received anything other than an honorable discharge for and including the claimed military service.

(f) Anything in this title to the contrary notwithstanding, any member who, at the time of his or her withdrawal from service, has completed the age and service requirements established by the Board of Control for eligibility for deferred benefits shall be eligible to continue in the membership of the system until he or she files application for service retirement in accordance with the provisions of Section 16-25-14. The Board of Control shall, from time to time, establish the minimum age and the minimum number of years of creditable service which shall be required in order that a member may be eligible for deferred benefits; provided, that such minimum number of years of creditable service shall not be less than 10 years nor more than 25 years.
Ala. Code § 16-6E-2 — Alabama Code / Title 16 / Chapter 6E / Section 16-6E-2
Section 16-6E-2 Purpose
Status: in_force

The purposes of this chapter include all of the following:

(1) To clarify and confirm the authority of the State Superintendent of Education to assume and exercise direct and comprehensive control over the decision making and operational functions of city and county boards of education when the demonstrated inability of such boards of education to discharge administrative, operational, or instructional functions threatens to deprive students of essential educational services.

(2) To simplify and streamline the exercise of decision making authority during educational intervention by, among other things, eliminating distinctions between policy making and administrative, academic, operational, financial, and organizational decision making functions performed by city and county boards of education that have impeded attainment of intervention objectives to the detriment of the educational process.

(3) To facilitate the implementation of such organizational reforms and accountability measures as may be necessary to restore and maintain stable and efficient provision of sound and educationally appropriate services at the local level, and to thereby enhance local and statewide support for public education.
Ala. Code § 16-17-18 — Alabama Code / Title 16 / Chapter 17 / Section 16-17-18
Section 16-17-18 Notice of Bond Resolution
Status: in_force

Upon the adoption by the board of any resolution providing for the issuance of bonds, the authority may, in its discretion, cause to be published once a week for two consecutive weeks, in a newspaper published in the determining municipality, or if there is no newspaper published in the determining municipality, then in a newspaper published in the county in which the determining municipality or any part thereof is located, a notice in substantially the following form (the blanks being properly filled in) at the end of which shall be printed the name and title of either the chairman or secretary of the authority:

“____, a public corporation and a political subdivision of the State of Alabama, on the ____ day of ____, authorized the issuance of $____ principal amount of revenue bonds of the said public corporation for purposes authorized in the act of the Legislature of Alabama under which the said public corporation was organized. Any action or proceeding questioning the validity of the said bonds, or the pledge and the indenture to secure the same, or the proceedings authorizing the same, must be commenced within 20 days after the first publication of this notice.”

Any action or proceeding in any court to set aside or question the proceedings for the issuance of the bonds referred to in said notice or to contest the validity of any such bonds, or the validity of the pledge and indenture made therefor, must be commenced within 20 days after the first publication of such notice. After the expiration of the said period, no right of action or defense questioning or attacking the validity of the said proceedings or of the said bonds or the said pledge or indenture shall be asserted, nor shall the validity of the said proceedings, bonds, pledge or indenture be open to question in any court on any ground whatsoever except in an action commenced within such period.
Ala. Code § 16-11-9 — Alabama Code / Title 16 / Chapter 11 / Section 16-11-9
Section 16-11-9 Powers Generally
Status: in_force

The city board of education is hereby vested with all the powers necessary or proper for the administration and management of the free public schools within such city and adjacent territory to the city which has been annexed as a part of the school district which includes a city having a city board of education.
Ala. Code § 16-25-152 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-152
Section 16-25-152 Relation to Federal Law
Status: in_force

At no time shall any provision or implementation of such provision pertaining to DROP be contrary to the rules and regulations of the federal law governing governmental plans. DROP is intended to operate in accordance with Section 415 and other applicable sections of the United States Internal Revenue Code. Any provision herein found in conflict with an applicable provision of the Internal Revenue Code shall be null and void. The Teachers’ Board of Control is hereby authorized to interpret this article so as to achieve compliance with any applicable provisions of the United States Internal Revenue Code.
Ala. Code § 16-33D-5 — Alabama Code / Title 16 / Chapter 33D / Section 16-33D-5
Section 16-33D-5 Grant Eligibility
Status: in_force

To be eligible for the grant award, an applicant shall satisfy all of the following:

(1) Be classified as an undergraduate student with the completion of at least 36 credit hours for an associate degree or at least 72 credit hours for a baccalaureate degree of a college degree program that is connected with workforce development needs and aligned with Alabama’s high demand occupations list adopted by the Alabama Committee on Credentialing and Career Pathways.

(2) Show proof of residency.

(3) Have good academic standing as defined by the institution.

(4) Has been accepted to or is enrolled as a full-time or part-time student in an eligible program in an authorized institution leading to an associate or baccalaureate degree and has not attended a postsecondary education institution at least two years prior.

(5) Satisfies continuing eligibility each term by enrolling in six hours or more per term continuously as established by the commission.
Ala. Code § 16-66-3 — Alabama Code / Title 16 / Chapter 66 / Section 16-66-3
Section 16-66-3 Duties of Secretary of Commerce
Status: in_force

This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-292.
Ala. Code § 16-43-5 — Alabama Code / Title 16 / Chapter 43 / Section 16-43-5
Section 16-43-5 Pledge of Allegiance to Be Conducted at the Beginning of Each School Day
Status: in_force

The pledge of allegiance to the United States flag shall be conducted at the beginning of each school day and all students attending public kindergarten, primary, and secondary schools shall be given the opportunity each school day to voluntarily recite the pledge of allegiance to the United States flag. A student who refuses to recite the pledge of allegiance may not be punished or penalized for that refusal.
Ala. Code § 16-5-77 — Alabama Code / Title 16 / Chapter 5 / Section 16-5-77
Section 16-5-77 Sharing of Data or Information
Status: in_force

The commission and the division shall enter into a memorandum of understanding to share any data or information necessary to comply with this article.
Ala. Code § 16-28B-7 — Alabama Code / Title 16 / Chapter 28B / Section 16-28B-7
Section 16-28B-7 Freedoms of Speech and Expression
Status: in_force

This chapter shall not affect the freedom of speech and freedom of expression guaranteed each student under the Constitution of the United States and the Constitution of Alabama of 1901, and other applicable statutory law provided in the Code of Alabama 1975.
Ala. Code § 16-36-23 — Alabama Code / Title 16 / Chapter 36 / Section 16-36-23
Section 16-36-23 Department of Education and Purchasing Agent to Furnish Contracts from Which State-Owned Textbooks Can Be Purchased - Schools Operated Under Department of Mental Health and Mental Retardation
Status: reserved

Repealed by Act 98-320, §13 effective July 1, 1998.
Ala. Code § 16-24-33 — Alabama Code / Title 16 / Chapter 24 / Section 16-24-33
Section 16-24-33 Organization Meetings; Chairman and Vice-Chairman
Status: reserved

Repealed by Act 2004-566, p. 1330, §3, effective July 1, 2004.
Ala. Code § 16-26C-3 — Alabama Code / Title 16 / Chapter 26C / Section 16-26C-3
Section 16-26C-3 Application for Incorporation
Status: reserved

Repealed by Act 2014-372, §2, effective April 9, 2014.
Ala. Code § 16-47A-13 — Alabama Code / Title 16 / Chapter 47A / Section 16-47A-13
Section 16-47A-13 References to Athens State University
Status: in_force

(a) Commencing on October 1, 2012, the terms junior college, trade school, community college, and technical college, or any combination of these terms, as used in the Code of Alabama 1975, may not be interpreted to include Athens State University or its predecessor, Athens State College. After October 1, 2012, the Code Commissioner may revise any reference to Athens State University that refers to or classifies the university as a junior college, trade school, community college, or technical college.

(b) In addition to the duties of the Code Commissioner provided in subsection (a), whenever any section of the Code of Alabama 1975, refers to a “four-year public institution of higher education,” the Code Commissioner is directed to make the appropriate changes in terminology to reflect the reconstituted status of Athens State University as a public institution of higher education under a separate board of trustees as provided by this chapter.
Ala. Code § 16-65-14 — Alabama Code / Title 16 / Chapter 65 / Section 16-65-14
Section 16-65-14 Moneys Considered Trust Funds
Status: in_force

All moneys received by the authority pursuant to this chapter shall be deemed to be trust funds for the holders of the bonds and shall be held and applied for the benefit of the bondholders of the respective issues as provided in this chapter and as provided in the authorizing resolutions of the authority.