Ala. Code § 16-68-3 — Alabama Code / Title 16 / Chapter 68 / Section 16-68-3
Section 16-68-3 Adoption of Free Expression Policy
Status: reserved

(a) On or before January 1, 2021, the board of trustees of each public institution of higher education shall adopt a policy on free expression that is consistent with this chapter. The policy, at a minimum, shall adhere to all of the following provisions:

(1) That the primary function of the public institution of higher education is the discovery, improvement, transmission, and dissemination of knowledge by means of research, teaching, discussion, and debate, and that, to fulfill that function, the institution will strive to ensure the fullest degree possible of intellectual freedom and free expression.

(2) That it is not the proper role of the institution to shield individuals from speech protected by the First Amendment to the United States Constitution and Article I, Section 4 of the Constitution of Alabama of 1901, including without limitation, ideas and opinions they find unwelcome, disagreeable, or offensive.

(3) That students, administrators, faculty, and staff are free to take positions on public controversies and to engage in protected expressive activity in outdoor areas of the campus, and to spontaneously and contemporaneously assemble, speak, and distribute literature.

(4) That the outdoor areas of a campus of a public institution of higher education shall be deemed to be a forum for members of the campus community, and the institution shall not create free speech zones or other designated outdoor areas of the campus in order to limit or prohibit protected expressive activities.

(5) That the campus of the public institution of higher education shall be open to any speaker whom the institution’s student organizations or faculty have invited, and the institution will make all reasonable efforts to make available all reasonable resources to ensure the safety of the campus community, and that the institution will not charge security fees based on the protected expressive activity of the member of the campus community or the member’s organization, or the content of the invited guest’s speech, or the anticipated reaction or opposition of the listeners to the speech.

(6) That the public institution of higher education shall not permit members of the campus community to engage in conduct that materially and substantially disrupts another person’s protected expressive activity or infringes on the rights of others to engage in or listen to a protected expressive activity that is occurring in a location that has been reserved for that protected expressive activity and shall adopt a range of disciplinary sanctions for anyone under the jurisdiction of the institution who materially and substantially disrupts the free expression of others.

(7) That the public institution of higher education may maintain and enforce constitutional time, place, and manner restrictions for outdoor areas of campus only when they are narrowly tailored to serve a significant institutional interest and when the restrictions employ clear, published, content-neutral, and viewpoint-neutral criteria, and provide for ample alternative means of expression. All restrictions shall allow for members of the university community to spontaneously and contemporaneously assemble and distribute literature.

(8) That the public institution of higher education shall support free association and shall not deny a student organization any benefit or privilege available to any other student organization or otherwise discriminate against an organization based on the expression of the organization, including any requirement of the organization that the leaders or members of the organization affirm and adhere to an organization’s sincerely held beliefs or statement of principles, comply with the organization’s standard of conduct, or further the organization’s mission or purpose, as defined by the student organization.

(9) That the institution should strive to remain neutral, as an institution, on the public policy controversies of the day, except as far as administrative decisions on the issues that are essential to the day-to-day functioning of the university, and that the institution will not require students, faculty, or staff to publicly express a given view of a public controversy.

(10) That the public institution of higher education shall prohibit harassment in a manner consistent with the definition provided in this chapter, and no more expansively than provided herein.

(b) The policy developed pursuant to this section shall supersede and nullify any prior provisions in the policies of the institution that restrict speech on campus and are, therefore, inconsistent with this policy. The institution shall remove or revise any of these provisions in its policies to ensure compatibility with this policy.

(c) Public institutions of higher education shall include in the new student, new faculty, and new staff orientation programs a section describing to all members of the campus community the policy developed pursuant to this section. In addition, public institutions of higher education shall disseminate the policy to all members of the campus community and make the policy available in their handbooks and on the institutions’ websites.
Ala. Code § 16-24-67 — Alabama Code / Title 16 / Chapter 24 / Section 16-24-67
Section 16-24-67 Annual Report
Status: in_force

Annually, each local board of education shall report to the State Department of Education the number of part-time teachers employed on a regular basis, by school and by subjects taught.
Ala. Code § 16-46C-6 — Alabama Code / Title 16 / Chapter 46C / Section 16-46C-6
Section 16-46C-6 Equal Opportunity Requirements
Status: in_force

Any policy or procedure adopted by the State Board of Education, a local board of education, or a public charter school for participating in an extended learning opportunity shall provide every student an equal opportunity to participate and satisfy established time lines and requirements for purposes of transcribing credits and state reporting.
Ala. Code § 16-47-126 — Alabama Code / Title 16 / Chapter 47 / Section 16-47-126
Section 16-47-126 Repayment of Loans by Performing Certain Services
Status: in_force

The loan or any part thereof shall be repaid by engaging in full-time clinical practice, as defined in the regulations of the board, in one of the following ways, in accordance with a contract approved by the Board of Medical Scholarship Awards:

(1) Practice for a period equal to one year of practice for each year the individual received a loan in a community of less than 5,000 population which is in an area within Alabama identified by the board as medically underserved.

(2) Practice for a period equal to one and one-fourth years of practice for each year the individual received a loan in a community of more than 5,000 population and less than 15,000 population which is in an area within Alabama identified by the board as medically underserved.

(3) Practice for a period equal to one and one-half years of practice for each year the individual received a loan in a community of more than 15,000 but less than 50,000 population which is in an area within Alabama identified by the board as medically underserved.
Ala. Code § 16-33C-1 — Alabama Code / Title 16 / Chapter 33C / Section 16-33C-1
Section 16-33C-1 Legislative Intent
Status: in_force

The Legislature of Alabama hereby finds and determines that the advancement and improvement of higher education in the State of Alabama is a proper governmental function and purpose of the State of Alabama. Additionally, the Legislature of Alabama intends to establish a qualified ABLE Program in this state which will encourage and assist Alabama individuals and families in saving private funds for the purpose of supporting Alabama citizens with disabilities. It is therefore the legislative intent of this chapter to establish the Wallace-Folsom Savings Investment Plan that consists of the ABLE Program, ACES Program, and the PACT Program. In establishing this plan, it is further the intent of the Legislature to encourage timely financial planning for higher education and other qualified disability expenses.
Ala. Code § 16-36-15 — Alabama Code / Title 16 / Chapter 36 / Section 16-36-15
Section 16-36-15 Issuance of State-Wide Purchase Contracts; Shipment of Books by Publisher
Status: reserved

Repealed by Act 98-320, §13 effective July 1, 1998.
Ala. Code § 16-23-3.1 — Alabama Code / Title 16 / Chapter 23 / Section 16-23-3.1
Section 16-23-3.1 Issuance of Professional Educator Certificate to Qualified Individuals Who Complete an Approved Alternative Teacher Preparation Program
Status: in_force

(a) The State of Alabama shall modify its policies relative to the certification of teachers to permit the issuance of a professional educator certificate to those qualified individuals who successfully complete an approved alternative teacher preparation program. In addition to any provisional certificates and professional certificates issued pursuant to this chapter to individuals graduating from approved teacher education programs, the State Board of Education shall authorize the issuance of a professional educator certificate by the State Superintendent of Education to a qualified individual who completes an approved alternative teacher preparation program.

(b) The State Superintendent of Education shall maintain a database of alternative teacher education preparation organizations, approved by the State Board of Education, as a means for screening, recruiting, and recommending for certification qualified individuals to teach in the public K-12 schools. An approved alternative teacher education preparation organization, at a minimum, shall require each applicant whom the approved organization recommends for initial licensure to satisfy all of the following:

(1) Hold a bachelor’s degree from an accredited institution of higher education which offers, at a minimum, junior and senior level courses of instruction.

(2) Successfully pass a criminal history background information check.

(3) Successfully complete an alternative teacher preparation program offered by the approved organization.

(c)(1) Any law to the contrary notwithstanding, in determining which alternative teacher education preparation organizations to approve, the State Board of Education shall consider only the following prerequisites:

a. Successful operation in at least five states and is not on probation in any of those states. This requirement does not apply to two-year or four-year institutions of higher education operating in the state with state-approved programs.

b. Successful operation of an alternative teacher education preparation program for at least 10 years.

c. Requirement that an applicant pass an examination that is substantively aligned with Alabama standards in subject area, pedagogy, or both.

d. Evidence of successfully certifying at least 10,000 teachers in the United States. This requirement does not apply to two-year or four-year institutions of higher education operating in the state with state-approved programs.

(2) Notwithstanding any law to the contrary, if an alternative teacher education preparation organization does not satisfy the prerequisites provided in subdivision (1) , the alternative teacher education preparation organization may be approved if the organization is certified by the Council for the Accreditation of Educator Preparation or the Association for Advancing Quality in Educator Preparation . In order to qualify for approval under this section, an alternative teacher certification program organization certified by the Association for Advancing Quality in Educator Preparation must have begun an application with the Council for the Accreditation of Educator Preparation by April 1, 2024. Beginning October 1, 2026, certification by the Association for Advancing Quality in Educator Preparation shall no longer qualify an alternative teacher education preparation organization for approval under this section.

(d) An individual who is granted a professional educator certificate pursuant to this section may teach in the subject areas and at the educational levels he or she has successfully completed through the alternative teacher preparation program offered by the approved alternative teacher education preparation organization.

(e) An individual who holds a professional educator certificate pursuant to this section may apply for a professional renewal license and shall in all other respects be treated in the same manner as an individual who holds a professional educator certificate granted upon successful completion of traditional, in-state teaching certification programs.

(f) An approved alternative teacher education preparation organization shall submit a detailed report to the State Board of Education annually detailing the number of individuals who completed the program during that year.

(g) Upon receiving an alternative certificate to teach pursuant to this section, the teacher shall participate in the Alabama Teacher Mentorship Program if hired by a local board of education that participates in the program.
Ala. Code § 16-18A-11 — Alabama Code / Title 16 / Chapter 18A / Section 16-18A-11
Section 16-18A-11 Interest of Bondholders Protected; Enforceability
Status: in_force

While any of the revenue bonds issued by the authority remain outstanding, the powers, duties or existence of the authority or of any of its officers shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such revenue bonds. The provisions of this chapter shall be for the benefit of the state, the authority and the holders of any such revenue bonds, and, upon the issuance of the revenue bonds as herein provided, such provisions shall constitute a contract with the holders of such revenue bonds. The provisions of any bond resolution, indenture or trust agreement shall be a contract with every holder of such revenue bonds and the duties of the authority under any such bond resolution, indenture or trust agreement shall be enforceable by any bondholder by mandamus or other appropriate suit, action or proceeding at law or in equity.
Ala. Code § 16-1-14 — Alabama Code / Title 16 / Chapter 1 / Section 16-1-14
Section 16-1-14 Uniform System of Procedural Due Process Protections for Students Facing Long-Term Suspension or Expulsion for Violating Student Code of Conduct or State Law
Status: in_force

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

(1) EXPULSION. The exclusion of a student from his or her regular school environment for more than 90, and less than 180, school days, per incident, for disciplinary purposes.

(2) LONG-TERM ALTERNATIVE SCHOOL PLACEMENT. The placement of a student in alternative school for more than 15 school days, per incident, for disciplinary purposes.

(3) LONG-TERM SUSPENSION. The exclusion of a student from his or her regular school environment for more than 10, and less than 90, school days, per incident, for disciplinary purposes.

(4) REGULAR SCHOOL ENVIRONMENT. Any learning environment provided by the local board of education, including in-school suspension and virtual school.

(b) Each local board of education, consistent with Section 16-28-12, shall adopt rules with respect to behavior and discipline of students enrolled in the schools under its jurisdiction and, in order to enforce the rules, may remove, isolate, or separate students who create disciplinary problems in any classroom or other school activity and whose presence in the class may be detrimental to the best interest and welfare of the students of the class as a whole. Any rules adopted pursuant to this section shall be approved by the State Board of Education.

(c) Any removal, isolation, or separation authorized under this section may not deprive a student of his or her full right to an equal and adequate education.

(d) Following an alleged student disciplinary incident or infraction, the principal, or his or her designee, may consider all of the following factors before recommending or initiating disciplinary action against a student:

(1) The age of the student.

(2) The disciplinary history of the student.

(3) The seriousness of the violation or behavior.

(4) Whether a lesser intervention would appropriately address the behavior of the student.

(e) Following an alleged violation of the code of student conduct or an alleged violation of state law that results in a recommendation for the long-term alternative school placement, long-term suspension, or expulsion of a student, the local board of education, at a minimum, shall ensure that all of the following procedures are followed:

(1) The student is afforded an opportunity for a disciplinary hearing before the local board of education, or a designee of the local board of education, to determine whether the alleged violation has occurred.

(2) The student, and his or her parent or guardian, receive reasonable written notice of the disciplinary hearing, delivered to them personally or by mail. If the written notice is not responded to by a parent or guardian, the hearing shall be waived. The notice shall include:

a. A statement of the time, place, and nature of the hearing;

b. A short and plain statement detailing the alleged conduct, the provision of the code of student conduct or state law allegedly violated, and any recommended discipline;

c. A statement outlining the rights of the student at the hearing; and

d. An optional waiver of the disciplinary hearing indicating the parent or guardian’s assent to the alleged violation or violations and to the recommended discipline.

(3) If a parent or guardian has responded to the notice, the disciplinary hearing shall occur within 10 school days after the initial suspension from school, unless good cause is otherwise shown or upon agreement of the parties.

(4) Legal counsel or another advocate of the student’s choice may represent the student at the hearing at the student’s expense.

(5) At least five days before the hearing, the student, parent or guardian, and legal counsel or advocate of the student may review any audio or video recording of the incident and, consistent with federal and state student records laws and regulations, any records, documents, or other information that may be presented as evidence at the hearing, including written statements made by witnesses related to the alleged incident leading to the suspension or expulsion.

(6) Representatives from the school seeking the proposed disciplinary action shall offer evidence at the hearing that the student violated the code of student conduct or state law.

(7) The student, parent or guardian, or legal counsel or advocate may present a defense, question adverse witnesses who are present at the hearing and offering testimony, excluding students under 14 years of age, and offer evidence, including oral testimony from supporting witnesses, written statements, other documentary evidence, and audio or video recordings at the hearing. The anonymity of witnesses shall be protected, and witnesses may not be compelled to attend or testify in any disciplinary hearing.

(8) Each party to the hearing, upon request, shall receive an electronic or written record of the hearing from the local board of education.

(9) The student and parent or guardian of the student shall receive a written decision from the local board of education, or its designee, within five school days after the hearing. The written decision shall include, but not be limited to, all of the following information:

a. The basis for the decision, including a reference to the provision of the code of student conduct or state law that the student is accused of violating.

b. A statement detailing the information that shall be included in the official record of the student.

c. A statement detailing the right of the student to appeal the decision pursuant to the code of student conduct of the local board of education and Section 12-15-115, and notice of the procedures necessary to file an appeal.

(f) Nothing in this section shall be construed to infringe on any right provided to a student pursuant to the federal Individuals with Disabilities Education Act, Family Educational Rights and Privacy Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990.
Ala. Code § 16-25-10.12 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-10.12
Section 16-25-10.12 Officers and Employees of Alabama Higher Education Partnership, Inc.; Contributions; Creditable Service
Status: in_force

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

(b) The governing body of the Alabama Higher Education Partnership, Inc., having made an election by resolution pursuant to subsection (a), may have its employees and officers participate in, and be entitled to, all benefits of the Teachers’ Retirement System. Where contributions are made from salaries paid by the Alabama Higher Education Partnership, Inc., the Alabama Higher Education Partnership, Inc., shall pay the employer cost, calculated as a percentage of the salaries of those employees, to be contributed as employer contributions in accordance with Section 16-25-21. Such amount shall be paid monthly and at the same time as the member’s contributions are paid to the Teachers’ Retirement System.

(c) The governing body of the Alabama Higher Education Partnership, Inc., eligible under subsection (a) to participate in the system, may provide in its resolution to the Board of Control of the Teachers’ Retirement System that all service rendered by an eligible employee or officer to the organization before the effective date of the election of the organization to come under the Teachers’ Retirement System shall be creditable service to the employee or officer. Such a provision in the resolution shall apply only to those employees and officers who were in the active service of the organization on the effective date of the election of the organization to be covered under the Teachers’ Retirement System. The resolution shall also state that the organization shall assume and pay, as required, all costs necessary to fund the crediting of such prior service, with the costs to be determined by the actuary employed by the Board of Control of the Teachers’ Retirement System.
Ala. Code § 16-5-76 — Alabama Code / Title 16 / Chapter 5 / Section 16-5-76
Section 16-5-76 Annual Report
Status: in_force

The commission shall issue an annual report to the Legislature outlining the effectiveness of colleges, universities, or any other postsecondary education institutions accepting public funding in aligning their curricula or programs with the state job market, including the degree to which they contribute to filling the most in-demand jobs in the state.
Ala. Code § 16-12-12 — Alabama Code / Title 16 / Chapter 12 / Section 16-12-12
Section 16-12-12 Forms for Reports of Employees of City Board
Status: in_force

The city superintendent of schools, with the approval of the State Superintendent of Education, shall prepare forms and blanks upon which principals, teachers, supervisors, attendance officers, janitors and other regular employees shall make such reports as shall be required and shall submit the same for approval to the city board of education.
Ala. Code § 16-25-10.3 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-10.3
Section 16-25-10.3 Executive Officers and Employees of Alabama Vocational Association
Status: in_force

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

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

(c) The governing body of the Alabama Vocational Association may provide in its resolution to the Teachers’ Retirement System’s Board of Control that all service rendered, by an eligible employee or executive officer, to said association, previous to the effective date of said association’s election to come under the Teachers’ Retirement System, shall be creditable service to such employee or executive officer; provided that any such provision shall apply only to those employees and officers who were in the active service of the association on the effective date of said association’s election to be covered under the Teachers’ Retirement System; and provided further that the said resolution also states that the Alabama Vocational Association shall assume and pay, as required, all costs necessary to fund the crediting of such previous service, such costs to be determined by the actuary employed by the Teachers’ Retirement System’s Board of Control.
Ala. Code § 16-25-104 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-104
Section 16-25-104 Recipients of Medicaid Benefits
Status: in_force

Any person who receives benefits under the Medicaid program and whose eligibility for the benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the increase. Any person who shall subsequently apply for benefits under the Medicaid program and who would have his or her eligibility to receive benefits impaired by the cost-of-living increase provided by this article, shall not be entitled to receive the increase after the date that the member files application for benefits under the Medicaid program.
Ala. Code § 16-28-40 — Alabama Code / Title 16 / Chapter 28 / Section 16-28-40
Section 16-28-40 License Applicant Under 19 to Provide Documentation of School Enrollment, Etc.; Duties of School Attendance Official; Withdrawal from School; Conviction for Certain Pistol Offenses
Status: in_force

(a) The Alabama State Law Enforcement Agency shall deny a driver license or a learner permit for the operation of a motor vehicle to any individual under the 19 years of age who does not, at the time of application, present a diploma or other certificate of graduation issued to the individual from a secondary high school of this state or any other state, or documentation that the individual satisfies one of the following:

(1) The individual is enrolled and making satisfactory progress in a nontraditional high school diploma option program or a course leading to a general educational development certificate (GED) from a state approved institution or organization, or has obtained the certificate.

(2) The individual is enrolled in a secondary school of this state or any other state and has not at the time of application accumulated disciplinary points while a student in school which would extend the age of eligibility for the student to apply for a driver license.

(3) The individual is participating in a job training program approved by the State Superintendent of Education.

(4) The individual is gainfully and substantially employed.

(5) The individual is a parent with the care and custody of a minor or unborn child.

(6) A physician certifies that the parents of the individual depend on him or her as their sole source of transportation.

(7) The individual is exempted from this requirement due to circumstances beyond his or her control as provided in this chapter.

(b)(1) The attendance officer or chief attendance administrator, upon request, shall provide documentation of enrollment status and disciplinary points on a form approved by the State Department of Education to any student 15 years of age or older who is properly enrolled in a school under the jurisdiction of the official, for presentation to the Alabama State Law Enforcement Agency, on application for, or renewal or reinstatement of, a driver license or a learner permit to operate a motor vehicle.

(2) Upon the request of a student seeking a fee exemption on the basis of his or her homelessness, the staff member designated to act as the local educational agency liaison for homeless children and youth, pursuant to 42 U.S.C. § 11432(g)(1)(J)(ii), shall provide documentation that the student is a qualified student, on a form approved by the State Department of Education, for presentation to the Alabama State Law Enforcement Agency, on application for, or renewal, reinstatement, or replacement of a driver license. The term “qualified student” refers to a student who the local educational agency liaison for homeless children and youth verifies as meeting the definition of a “homeless child or youth” as provided by 42 U.S.C. § 11434a(2) and whose enrollment status and disciplinary points have been documented pursuant to subdivision (1).

(3) Whenever a student 16 years of age or older withdraws from school, the attendance officer or chief attendance administrator shall notify the Alabama State Law Enforcement Agency of the withdrawal. Withdrawal shall be defined as more than 10 consecutive or 15 days total unexcused absences during a single semester.

(c) Within five days of receipt of a notice of withdrawal, the Alabama State Law Enforcement Agency shall send notice to the licensee that his or her driver license or learner permit will be suspended under this article on the 30th day following the date the notice was sent unless documentation of compliance with this article is received by the agency before the 30th day.

(d) Whenever the withdrawal from school of the student, or the failure of the student to enroll in a course leading to or to obtain a GED or high school diploma, is beyond the control of the student, or is for the purpose of transfer to another school as confirmed in writing by the parent or guardian of the student, or is for the purpose of participating in a job training program approved by the State Superintendent of Education, no notice shall be sent by the proper school official to the Alabama State Law Enforcement Agency to suspend the license of the student. If the student is applying for or renewing a driver license or a learner permit, the attendance officer or chief attendance administrator, upon request, shall provide the student with documentation to present to the Alabama State Law Enforcement Agency to exempt the student from this section. The local superintendent of education with the assistance of the county or city school attendance director as the case may be, and any other staff or school personnel, or the appropriate school official of any private secondary school, shall be the sole judge of whether the withdrawal is due to circumstances beyond the control of the individual. Suspension or expulsion from school or imprisonment in a jail or penitentiary is not a circumstance beyond the control of an individual.

(e)(1) Any individual over 14 years of age who is convicted of the crime of possession of a pistol on the premises of a public school, or a public school bus, or both, under Section 13A-11-72 shall be denied issuance of a driver license or learner permit for the operation of a motor vehicle for 180 days from the date the individual is eligible and applies for a license or permit for the operation of a motor vehicle. Any adjudication as a juvenile delinquent or youthful offender where the underlying charge is the possession of a pistol on the premises of a public school, or a public school bus, or both, under Section 13A-11-72 shall be considered a conviction under this subsection, and the adjudication of an individual as a juvenile delinquent or youthful offender where the underlying charge is a violation under Section 13A-11-72 shall be reported to the Alabama State Law Enforcement Agency.

(2) If an individual over 14 years of age possesses a driver license on the date of conviction, the Alabama State Law Enforcement Agency, within five days of receipt of a notice of conviction from the court, shall send notice to the licensee that his or her driver license will be suspended. The notice shall state that the license will be suspended for 180 days commencing on the 30th day following the date the notice was sent unless documentation is received by the agency before the 30th day that the individual was not convicted of the crime. Upon the appropriate date, the agency shall suspend the license.

(3) Upon the written request of the individual whose license is denied or suspended, the Alabama State Law Enforcement Agency shall afford the individual an opportunity for a hearing in the same manner and under the procedure used for other driver license suspensions. If the suspension or denial of issuance determination is sustained by the Secretary of the Alabama State Law Enforcement Agency or the authorized agent of the secretary, upon such hearing, the individual may file a petition in the appropriate court to review the final order of suspension or denial by the secretary or the authorized agent of the secretary in the same manner and under the same conditions as is provided in the case of suspensions and denials.

(4) If the conviction is reversed within the 180-day period, the Alabama State Law Enforcement Agency, upon receipt of notice of the reversal from the Administrative Office of Courts, shall reinstate a suspended license and shall accept an application for a license and shall issue the license according to law and regulation.

(5) The court shall notify the Alabama State Law Enforcement Agency of the conviction of an individual over 14 years of age of a crime involving the possession of a pistol on the premises of a public school or a public school bus, or both, under Section 13A-11-72 and any reversal of the conviction. The Administrative Office of Courts may adopt necessary rules and regulations to implement this notification procedure.
Ala. Code § 16-13-335 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-335
Section 16-13-335 Hard-to-Staff Supplement
Status: in_force

(a) In addition to the other provisions of this article, participating teachers shall be eligible for the hard-to-staff supplement. The hard-to-staff supplement shall be five thousand dollars ($5,000) per year.

(b)(1) To qualify for the hard-to-staff supplement, a participating teacher shall teach in a school designated as hard-to-staff by the department.

(2) The department shall annually determine which schools are hard-to-staff based on any of the following factors:

a. Out-of-field teaching assignments.

b. Poverty level.

c. Geographic location.

d. Population density.

e. Any other factors identified by the department.
Ala. Code § 16-33C-6 — Alabama Code / Title 16 / Chapter 33C / Section 16-33C-6
Section 16-33C-6 Pact Program Generally
Status: in_force

(a) The PACT Program is established as one college savings alternative under the plan whereby purchasers enter into PACT contracts for the future payment of tuition and mandatory fees at eligible educational institutions. The PACT Program includes the PACT Trust Fund and the PACT Administrative Fund created pursuant to this chapter.

(b) The official location of the trust fund shall be the State Treasurer’s office, and the facilities of the State Treasurer shall be used and employed in the administration of the fund including, but without limitation thereto, the keeping of records, the management of bank accounts and other investments, the transfer of funds, and the safekeeping of securities evidencing investments. The PACT Trust Fund is hereby created as the source for payment of the PACT Program’s obligations under PACT contracts. The amounts on deposit in the PACT Trust Fund shall not constitute property of the state, and the state may have no claim or interest in them. Payments which are received by the PACT Program from any public or private source, except those which are payments of administrative fees, shall be prudently placed in the PACT Trust Fund. In order to provide funds to enable the PACT Program to pay amounts due under the terms of its PACT contracts, there is irrevocably pledged to that purpose from the PACT Trust Fund the monies necessary to pay those amounts. A PACT contract and any other contract entered into by or on behalf of the trust, does not constitute a debt or obligation of the state, and no participant is entitled to any benefits except those for which he or she contracted.

(c) Payments received by the PACT board from purchasers on behalf of designated beneficiaries or from any other source, public or private, shall be placed in the trust fund, and the fund may be divided into separate accounts as may be determined by the PACT board. The PACT Administrative Fund is hereby created as a separate fund within the State Treasurer’s office for the purpose of administering the PACT Program. All administrative fees received by the PACT Program shall be deposited into the PACT Administrative Fund. All funds in the PACT Administrative Fund are hereby irrevocably pledged to the payment of administrative costs of the PACT Program. Funds in the PACT Administrative Fund may be invested by the State Treasurer in any investment facility allowed by this chapter. Any interest and earnings from the investment of funds in the PACT Administrative Fund shall be deposited to, and become a part of, the PACT Administrative Fund for use as authorized by this chapter. All funds in the PACT Administrative Fund at the end of each fiscal year of the State of Alabama shall remain in the PACT Administrative Fund and be automatically carried forward and available to be appropriated by the Alabama Legislature for the administration of the PACT Program.

(d) Gross earnings on PACT Trust Fund principal may be directly used by the PACT board to satisfy investment costs of the PACT Trust Fund and to supplement balances in the PACT Administrative Fund to cover outstanding administrative costs of the PACT Program as the board deems necessary. Gross earnings on the principal of the PACT Trust Fund remaining after payment of investment costs and deposits into the PACT Administrative Fund as authorized herein shall be deposited into, and become a part of, the principal of the PACT Trust Fund. In acquiring, investing, reinvesting, exchanging, retaining, selling, and managing property of the PACT Trust Fund, the PACT board and any person or investment manager to whom the PACT board delegates any of its investment authority shall exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but to permanent disposition of funds, considering the probable income as well as the safety of their capital. When acting within this standard of care, no PACT board member, or any person or investment manager to whom the PACT board delegates any of its investment authority, shall be held personally liable for losses suffered by the PACT Program on investments made pursuant to this chapter. No PACT board member shall be held personally liable for any losses, damages, or claims which have arisen or may arise from or are related to any act or omission of the board member taken in service as a member of the board or as a trustee, so long as the board member acted in good faith.

(e) The PACT board shall obtain appropriate actuarial assistance to establish, maintain, and certify a fund sufficient to defray the obligation of the PACT Trust Fund, and shall annually evaluate or cause to be evaluated, the actuarial soundness of the PACT Trust Fund. After that determination has been made, all monies on deposit in the PACT Trust Fund, up to and including the amount of the future obligations, shall remain on deposit in the PACT Trust Fund. If the PACT board perceives a need for additional assets in order to preserve actuarial soundness of the PACT Trust Fund, it may adjust the terms of subsequent prepaid tuition contracts to ensure the soundness.

(f) Property and income of the PACT Trust Fund and PACT Administrative Fund shall be exempt from all taxation by the state and by all of its political subdivisions.
Ala. Code § 16-46B-7 — Alabama Code / Title 16 / Chapter 46B / Section 16-46B-7
Section 16-46B-7 Graduation Requirements. (Amended by Act 2026-507)
Status: in_force

AMENDED BY ACT 2026-507, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Before June 30, 2020, and in accordance with Section 16-35-4, the department shall identify approved computer science courses that may fulfill one unit of academic credit for any mathematics or science course for high school graduation.

(b) Beginning with the graduating class of 2021, for the purposes of high school graduation requirements and satisfying mathematics or science freshman admission requirements for a public institution of higher education physically located in this state, as determined by the institution of higher education, a computer science course successfully completed under subsection (a) shall be equivalent to either of the following:

(1) One mathematics course credit.

(2) One science course credit.
Ala. Code § 16-58-2 — Alabama Code / Title 16 / Chapter 58 / Section 16-58-2
Section 16-58-2 Scholarships - Who Eligible
Status: in_force

To be eligible to receive a scholarship provided by this chapter, a person must have been a resident of the State of Alabama for a period of at least one year immediately preceding the time of making application and must be a person of good character, and shall have been accepted for matriculation by the authorities of the Sylacauga Nurses Training School and shall have met the requirements for professional nursing education as determined by said school. Applications for scholarships shall be made to the Sylacauga Nurses Training School of Nursing of Sylacauga, Alabama.
Ala. Code § 16-60-312 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-312
Section 16-60-312 Nonprofit and Public Nature of the Center
Status: in_force

It is the intent of this article that the center be a nonprofit public corporation. No part of the net earnings of the center shall inure to the benefit of any private individual, firm, or corporation.
Ala. Code § 16-60-310 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-310
Section 16-60-310 Report of the Examiner of Public Accounts
Status: in_force

The Department of the Examiners of Public Accounts shall perform a yearly audit of all public monies received by the center and shall provide a copy of the audit to the Presiding Chair of the State House of Representatives Legislative Delegation of Jefferson County and the Chair of the State Senate Legislative Delegation of Jefferson County by the fifth legislative day of each regular session of the Legislature.
Ala. Code § 16-16-10 — Alabama Code / Title 16 / Chapter 16 / Section 16-16-10
Section 16-16-10 Disposition of Proceeds of Bonds
Status: in_force

(a) The proceeds of all bonds, other than refunding bonds, issued by the authority remaining after paying expenses of their issuance shall be deposited in the State Treasury and shall be carried in the State Treasury in a special or separate account. Said expenses shall be deducted from that portion of the said proceeds allocated in subsection (o) of this section. Such remaining funds shall be subject to be drawn upon by the authority with the approval of the secretary of the authority and the Governor, but any funds so withdrawn shall be used solely for the purpose of financing the construction, reconstruction, alteration, improvement and equipment of buildings and other facilities for public educational purposes, including the cost of architectural services therefor and services rendered by building inspectors for periodic and final inspections thereof, and for acquiring sites therefor, in accordance with the provisions of this chapter.

(b) Nine million eight hundred thousand dollars of the proceeds from the sale of the bonds issued hereunder shall be distributed to the Board of Trustees of the University of Alabama to be used at the University Medical Center at Birmingham, Alabama.

(c) One million nine hundred thousand dollars of the proceeds from the sale of the bonds issued hereunder shall be distributed to Auburn University to be used for construction and equipment of physical educational building facilities.

(d) Four million two hundred twenty-eight thousand dollars of the proceeds from the sale of the bonds issued hereunder shall be distributed to the University of South Alabama.

(e) Ten million eight hundred thirty-eight thousand dollars of the proceeds from the sale of the bonds issued hereunder shall be distributed to the Board of Trustees of the University of Alabama to be used for educational buildings and facilities located elsewhere than at the said University Medical Center.

(f) One million nine hundred sixty-five thousand dollars of the proceeds from the sale of the bonds issued hereunder shall be distributed to the University of Montevallo.

(g) Ten million sixty-nine thousand dollars of the proceeds from the sale of the bonds issued hereunder shall be distributed to Auburn University to be used for buildings and other educational facilities other than that set forth in subsection (c) of this section.

(h) Twelve million eight hundred thousand dollars of the proceeds from the sale of the bonds issued hereunder shall be distributed to the State Board of Education to be distributed among the state institutions of higher learning under the State Board of Education as follows:

(1) Two million two hundred eight thousand dollars shall be paid to the University of North Alabama;

(2) One million five hundred thousand dollars shall be paid to Livingston University;

(3) Three million two hundred ninety-two thousand dollars shall be paid to Jacksonville State University;

(4) Two million four hundred thousand dollars shall be paid to Troy State University;

(5) One million six hundred thousand dollars shall be paid to Alabama Agricultural and Mechanical University; and

(6) One million eight hundred thousand dollars shall be paid to Alabama State University.

(i) Nine hundred thousand dollars of the proceeds from the sale of the bonds issued hereunder shall be distributed to the State Board of Education to be distributed among the state junior colleges and trade schools under the State Board of Education as follows:

(1) Four hundred thousand dollars shall be paid to Southern Union College;

(2) One hundred thousand dollars shall be paid to J.F. Drake Technical College;

(3) One hundred thousand dollars shall be paid to Southwest State Technical Institute;

(4) One hundred thousand dollars shall be paid to Councill Trenholm State Technical College;

(5) Two hundred thousand dollars shall be paid to Shelton State Technical Institute at Tuscaloosa.

(j) Four hundred thousand dollars shall be paid to the State Board of Education and disbursed by it for the construction and equipment of buildings and other facilities for public educational purposes at Partlow State School.

(k) One hundred fifty-eight thousand dollars shall be paid to the Alabama Youth Services, Mt. Meigs campus.

(l) Three hundred forty-two thousand dollars shall be paid to the Alabama Youth Services, Chalkville campus.

(m) Four hundred thousand dollars shall be paid to the Alabama Institute for Deaf and Blind.

(n) Two million four hundred thousand dollars of the proceeds from the sale of the bonds issued hereunder shall be distributed by the authority among the state vocational technical schools and junior colleges, these amounts to be in addition to any funds heretofore provided by law for the construction and equipping of trade schools and junior colleges.

(o) Fifty-nine million eight hundred thousand dollars of the proceeds from the sale of the bonds issued hereunder shall be distributed as follows:

(1) The authority shall set aside first an amount considered to be necessary to provide for the appointment and employment of such attorneys and agents as the business of the authority may require.

(2) The preparation of all plans and specifications for any building constructed wholly or in part with any of the money realized from this issue 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 which may be designated by the Legislature as its successor, 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.

(3) One hundred eighty-seven thousand five hundred dollars shall be paid to the board of education of each county in this state, to be used for the reconstruction, alteration, equipment and improvement of existing school buildings and for new construction; provided, that such funds so distributed shall be apportioned among the county board of education and the city boards of education within the county, pro rata, on a teacher unit basis; provided, that the money received by Morgan County, under the provisions of this subsection, shall be distributed, two thirds to the county school system and one third to the Decatur school system.

(4) The residue left from the $59,800,000.00 after providing for subdivisions (1), (2) and (3) of this subsection shall be allocated and distributed to county and city boards of education, pro rata, on the basis of teacher units as determined in accordance with the Minimum School Program for the year 1965-66 to be used for the construction of school building facilities, including buildings and equipment, for reconstruction, alteration, equipment and improvement of existing school buildings in school building centers approved by the State Department of Education as permanent school centers; provided, that the money received by Morgan County under the provisions of this subsection shall be distributed, two thirds to the county school system and one third to the Decatur school system.

(p) Other than those disbursements for expenses of the issuance of the bonds and those disbursements applied for attorneys’ and agents’ fees pursuant to the provisions of subdivision (1) of subsection (o) of this section, the proceeds of sale shall be used solely for the purpose of paying the cost of constructing, altering, improving and equipping buildings and other facilities for public educational purposes in the state, including the fees of architects and building inspectors for services in connection therewith, and for acquiring sites therefor. The preparation of all plans and specifications for any building constructed wholly or in part or reconstructed, altered or improved with any funds realized from this issue shall be performed pursuant to plans and specifications approved by the Alabama Building Commission, or any agency that may be designated by the Legislature as its successor.

(q) The proceeds from the sale of any refunding bonds issued hereunder remaining after paying the expenses of their issuance shall be used only for the purpose of refunding the principal of outstanding bonds of the authority and of paying any premium that may be necessary to be paid in order to redeem or retire the bonds to be refunded.

(r) In the event the bonds are sold in more than one series, the proceeds from the sale of each series, after payment of the expenses of the issuance of that series, shall be distributed among those designated in this section in the same respective proportions as they would have been entitled to receive if the entire authorized issue of bonds had been sold at one time.
Ala. Code § 16-59A-1 — Alabama Code / Title 16 / Chapter 59A / Section 16-59A-1
Section 16-59A-1 Police Officers
Status: in_force

The President of Oakwood 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 invested with all the powers of police officers and may eject trespassers from the university buildings and grounds and, without a warrant, may arrest any person guilty of disorderly conduct or of trespass upon the property of the university, or for any public offense committed in their presence, and carry them before the nearest municipal or district court, before which, upon proper affidavit charging the offense, any person so arrested may be tried and convicted as in cases of persons brought before him or her on his or her warrant. Such officers shall have authority to summon a posse comitatus and, with a warrant, may arrest any person found upon or near the premises of the university who is charged with any public offense and take him or her before the proper officer.

(b) The police officers provided for in this section shall cooperate with and, when requested, may furnish assistance to the regularly constituted authorities of the City of Huntsville, and their jurisdiction and authority shall be coextensive with the corporate limits of the city.
Ala. Code § 16-26A-9 — Alabama Code / Title 16 / Chapter 26A / Section 16-26A-9
Section 16-26A-9 Alabama School of Fine Arts Programs
Status: in_force

It is not the intent of this Legislature to conflict with existing or future programs of the Alabama School of Fine Arts as created by Act No. 1203, HJR 145, Regular Session 1971.
Ala. Code § 16-5-56 — Alabama Code / Title 16 / Chapter 5 / Section 16-5-56
Section 16-5-56 Rehearings
Status: in_force

Any person or institution aggrieved by the actions of the commission in its administration of the program, by written petition filed with the commission within 30 days after notice of the action complained of, may request a rehearing by the commission. The commission shall schedule the requested rehearing not less than 20, nor more than 30, days after receipt of the petition. The aggrieved party may present written and oral evidence supporting its petition and may be represented by counsel. The decision of the commission following the rehearing shall be final.
Ala. Code § 16-1-20.5 — Alabama Code / Title 16 / Chapter 1 / Section 16-1-20.5
Section 16-1-20.5 Protection of Student Religious Liberties
Status: in_force

(a) This section shall be known and may be cited as the “Alabama Student Religious Liberties Act of 2015.”

(b) A public local board of education may not discriminate against students or parents on the basis of a religious viewpoint or religious expression. A local board of education shall treat a student’s voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the local board of education treats a student’s voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.

(c) Students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions. Homework and classroom assignments shall be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the local board of education. Students may not be penalized or rewarded on account of the religious content of their work. If an assignment requires a student’s viewpoint to be expressed in coursework, artwork, or other written or oral assignments, a public school may not penalize or reward a student on the basis of religious content or a religious viewpoint. In such an assignment, a student’s academic work that expresses a religious viewpoint shall be evaluated based on ordinary academic standards of substance and relevance to the course curriculum or requirements of the coursework or assignment.

(d)(1) Students in public schools may pray or engage in religious activities or religious expression before, during, and after the school day in the same manner and to the same extent that students may engage in nonreligious activities or expression. Students may organize prayer groups, religious clubs, “see you at the pole” gatherings, or other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups shall be given the same access to school facilities for assembling as is given to other noncurricular groups without discrimination based on the religious content of the students’ expression. If student groups that meet for nonreligious activities are permitted to advertise or announce meetings of the groups, the local board of education may not discriminate against groups that meet for prayer or other religious speech. A local board of education may disclaim school sponsorship of noncurricular groups and events in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech.

(2) Students in public schools may wear clothing, accessories and jewelry that display religious messages or religious symbols in the same manner and to the same extent that other types of clothing, accessories, and jewelry that display messages or symbols are permitted.

(e) In order to ensure that a local board of education does not discriminate against a student’s publicly stated voluntary expression of a religious viewpoint, if any, and to eliminate any actual or perceived affirmative school sponsorship or attribution to the local board of education of a student’s expression of a religious viewpoint, if any, each local board of education shall adopt a policy governing voluntary religious expression in its schools.

(f) This section shall not be construed to authorize this state or any of its political subdivisions to do either of the following:

(1) Require any person to participate in prayer or in any other religious activity.

(2) Violate the constitutional rights of any person.

(g) This section shall not be construed to limit the authority of any public school to do any of the following:

(1) Maintain order and discipline on the campus of the public school in a content and viewpoint neutral manner.

(2) Protect the safety of students, employees, and visitors of the public school.

(3) Adopt and enforce policies and procedures regarding student speech at school provided that the policies and procedures do not violate the rights of students as guaranteed by the United States and Alabama Constitutions and laws.

(h) This section shall apply to all religions. It shall not be construed as establishing a particular religion nor as prohibiting the free exercise of a particular religion.

(i) This section shall apply beginning with the 2015-16 school year.
Ala. Code § 16-12-10 — Alabama Code / Title 16 / Chapter 12 / Section 16-12-10
Section 16-12-10 Institutes Organized by City Superintendent
Status: in_force

The city superintendent of schools, subject to the provisions of this title, shall organize institutes for teachers and for citizens. He shall advise teachers as to further study and professional reading and assist parents and teachers in acquiring knowledge of the aims and work of the schools.
Ala. Code § 16-5-53.2 — Alabama Code / Title 16 / Chapter 5 / Section 16-5-53.2
Section 16-5-53.2
Status: in_force

Any eligible applicant who met the requirements of the program and received a loan repayment prior to August 1, 2026, shall remain eligible for loan repayments pursuant to the requirements of the program as long as they remain continuously employed with a qualifying school.
Ala. Code § 16-25D-2 — Alabama Code / Title 16 / Chapter 25D / Section 16-25D-2
Section 16-25D-2 Legislative Findings
Status: in_force

The Legislature finds that it is advisable for the state to create an irrevocable trust whereby the state may begin funding periodic bonus checks for Alabama retired education employees. Therefore, the Teachers’ Retirement System Board of Control shall create an irrevocable trust named the Education Retirees’ Trust Fund in accordance with this chapter.
Ala. Code § 16-13-31 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-31
Section 16-13-31 Record of Receipts and Disbursements; Apportionment of Countywide Taxes for Foundation Program
Status: in_force

(a) The tax collector/revenue commissioner of each county must keep a record of all receipts and disbursements of school funds of his/her county to the local boards of education of the county.

(b) The tax collector/revenue commissioner of each county shall apportion county-wide taxes collected for the purposes of participating in the Foundation Program to each local board of education in the county on the basis of the total calculated costs of the Foundation Program for those local boards of education within the county. The total calculated costs of the Foundation Program for each local board of education shall be the sum of state funds received from the Foundation Program and the amount of local effort required pursuant to paragraph a. of subdivision (3) of subsection (b) of Section 16-13-231.

(c) The apportionment of countywide taxes collected for the purposes of participating in the Foundation Program as determined in Section 16-13-31(b) shall be used unless the local boards of education in a county sign a mutual agreement and secure the approval of the State Superintendent of Education to use some other plan involving desirable special adjustments.
Ala. Code § 16-55-10 — Alabama Code / Title 16 / Chapter 55 / Section 16-55-10
Section 16-55-10 Police Officers
Status: in_force

(a) The President of the University of South Alabama may appoint and employ suitable persons to serve as police officers to keep off intruders and prevent trespass upon and damage to the property and grounds of the university. Such persons shall be charged with all the duties and invested with all the powers of police officers. An officer may eject trespassers from university buildings and grounds owned, leased, or otherwise controlled by the university. An officer may arrest any person for any offense provided by law and shall transport the offender to the nearest district court or municipal court charged with the trial of such offense.

(b) The police officers provided for in this section shall cooperate with and, when requested, furnish assistance to the regularly constituted authorities of the Municipalities of Mobile and Fairhope, and their jurisdiction and authority shall be coextensive within the police jurisdictions of those municipalities.

(c) Any police officer appointed pursuant to this section or Section 16-22-1, is a peace officer whose authority extends to any place in the state. The primary duty of the police officer shall be the enforcement of the law on property owned, leased, or otherwise controlled by the university. A police officer may not otherwise act as a peace officer in enforcing the law except:

(1) When in pursuit of any offender or suspected offender who is charged with the commission of a crime while on the premises of the institution.

(2) To make arrests otherwise lawfully for crimes committed, or for which there is probable cause to believe have been committed, within his or her presence or within the boundaries of property owned, leased, or otherwise controlled by the institution.

(d) The provisions of this section or Section 16-22-1, granting authority to a police officer at this institution of higher education, are not intended to limit or abridge any powers heretofore granted to police officers by law, and this section is to be considered cumulative.

(e) Nothing in this section shall grant authority to any person appointed under this section to enter a classroom for the purpose of enforcing traffic or parking citations.
Ala. Code § 16-18B-2 — Alabama Code / Title 16 / Chapter 18B / Section 16-18B-2
Section 16-18B-2 Definitions
Status: in_force

Where used in this article the following words and terms shall be given the following respective meanings unless the context hereof clearly indicates otherwise:

(1) AMENDMENT. The amendment to the constitution of the state authorizing the issuance of the bonds.

(2) CORPORATION. The public corporation authorized to be created by this article.

(3) BOARD OF DIRECTORS. The board of directors of the corporation.

(4) BONDS. The bonds issued under this article.

(5) CODE. The Code of Alabama 1975, as amended.

(6) GOVERNMENT SECURITIES. Any bonds or other obligations which as to principal and interest constitute direct obligations of, or are unconditionally guaranteed by, the United States of America, including obligations of any federal agency to the extent such obligations are unconditionally guaranteed by the United States of America and any certificates or any other evidences of an ownership interest in such obligations of, or unconditionally guaranteed by, the United States of America or in specified portions thereof (which may consist of the principal thereof or the interest thereon).

(7) GOVERNOR. The Governor of the state.

(8) LEGISLATURE. The Legislature of the state.

(9) PERMITTED INVESTMENTS:

a. Government securities;

b. Bonds, debentures, notes or other evidences of indebtedness issued by any of the following agencies, to the extent that such obligations are secured by the full faith and credit of the United States: Bank for Cooperatives; federal intermediate credit banks; Federal Financing Bank; federal home loan banks or federal land banks; or any other agency or corporation which has been or may hereafter be created by or pursuant to an act of the Congress of the United States as an agency or instrumentality thereof, the bonds, debentures, participation certificates or notes of which are unconditionally guaranteed by the United States of America;

c. Bonds, notes, pass through securities or other evidences of indebtedness of Government National Mortgage Corporation and participation certificates of Federal Home Loan Mortgage Corporation;

d. Full faith and credit obligations of any state, provided that at the time of purchase such obligations are rated at least “AA” by Standard &amp; Poor’s Rating Group and at least “Aa” by Moody’s Investors Service;

e. Public housing bonds issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by contracts with the United States of America, or temporary notes, preliminary notes or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States of America;

f. Time deposits evidenced by certificates of deposit issued by banks or savings and loan associations which are members of the Federal Deposit Insurance Corporation, or the Federal Savings and Loan Insurance Corporation, provided that, to the extent such time deposits exceed available federal deposit insurance, such time deposits are fully secured by obligations described in clauses a, b, c and e above, which at all times have a market value (exclusive of accrued interest) at least equal to such bank time deposits so secured, including interest, and which meet the greater of 100 percent collateralization or the “AA” collateral levels established by Standard &amp; Poor’s Rating Group for structured financings;

g. Repurchase agreements for obligations of the type specified in clauses a, b, c, and e above, provided such repurchase agreements are fully collateralized and secured by such obligations which have a market value (exclusive of accrued interest) at least equal to the purchase price of such repurchase agreements and which are held by a depository satisfactory to the State Treasurer in such a manner as may be required to provide a perfected security interest in such obligations, and which meet the greater of 100 percent collateralization or the “AA” collateral levels established by Standard &amp; Poor’s Rating Group for structured financings; and

h. Uncollateralized investment agreements with, or certificates of deposit issued by, banks or bank holding companies, the senior long-term securities of which are rated at least “AA” by Standard &amp; Poor’s Rating Group and at least “Aa” by Moody’s Investors Service.

(10) STATE. The State of Alabama.

(11) “Herein,” “hereby,” “hereunder,” “hereof,” and other equivalent words refer to this article as an entirety and not solely to the particular section or portion thereof in which such words are used.

The definitions set forth above shall be deemed applicable whether the words defined are used in the singular or plural. Whenever used herein, any pronoun or pronouns shall be deemed to include both singular and plural and to cover all genders.
Ala. Code § 16-26D-7 — Alabama Code / Title 16 / Chapter 26D / Section 16-26D-7
Section 16-26D-7 Extracurricular Activities
Status: in_force

Whenever possible, the school may offer such extracurricular activities as may be found in any public secondary school in the state.
Ala. Code § 16-7A-4 — Alabama Code / Title 16 / Chapter 7A / Section 16-7A-4
Section 16-7A-4 Purposes; Tax Exemption; Audits
Status: in_force

(a) The authority shall receive, invest, and expend donated moneys for educational and eleemosynary purposes, related to the promotion, development, and growth of educational and public broadcasting and television in Alabama. The authority, through its director, may expend a reasonable amount of privately donated funds of the authority for the entertainment of major donors and corporate sponsors or prospective major donors and corporate sponsors. The director of the authority may also expend funds of the authority for promotional and public relation purposes. The director of the authority shall report quarterly to each commission member of the authority and to the members of the Legislature the amounts expended for entertainment, promotional, and public relation purposes. Such quarterly report shall contain the expenditures for each purpose by category of expenditure.

(b) The authority shall be exempt from paying any taxes, whether state, local, or municipal.

(c) The authority shall be subject to audits by the Department of Examiners of Public Accounts. The audits shall be similar to the type performed on similar agencies.
Ala. Code § 16-44C-6 — Alabama Code / Title 16 / Chapter 44C / Section 16-44C-6
Section 16-44C-6 Discipline and Adverse Actions
Status: in_force

(a) Nothing in this compact shall be deemed or construed to limit the authority of a member state to investigate or impose disciplinary measures on teachers according to the state practice laws thereof.

(b) Member states may receive, and shall provide, files and information regarding the investigation and discipline, if any, of teachers in other member states upon request. Any member state receiving the information or files shall protect and maintain the security and confidentiality thereof, in at least the same manner that the member state maintains its own investigatory or disciplinary files and information. Prior to disclosing any disciplinary or investigatory information received from another member state, the disclosing state shall communicate its intention and purpose for the disclosure to the member state which originally provided that information.
Ala. Code § 16-22-12 — Alabama Code / Title 16 / Chapter 22 / Section 16-22-12
Section 16-22-12 Cost-of-Living Adjustment for Public Education Employees; Miscellaneous Pay Provisions
Status: in_force

(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 Department District, the Alabama School of Fine Arts, and the Alabama High School of Mathematics and Science, for disbursement to the employees thereof funds based on the following criteria. It is not the intent of the Legislature to make an appropriation in this section.

(1) CERTIFICATED PERSONNEL (K-12). For the fiscal year beginning October 1, 1996, and each year thereafter, each cell on the State Minimum Salary Schedule contained in the annual budget act for the public schools shall be increased by four percent (4%) in addition to the amounts contained in the 1995-96 annual budget act as required and provided by Acts 95-313 and 95-314 and as contained in Section 16-6B-8 and Section 16-13-231 as amended. If the increases in the State Minimum Salary Schedule required in this subsection do not guarantee at least an increase in pay for each teacher in the amount of four percent (4%), then the teacher shall be guaranteed a pay increase in the amount of four percent (4%) for fiscal year 1996-97 and such pay increase shall be reflected in the appropriate local salary schedule and paid to each certificated employee, excepting superintendents of education. Each certificated employee shall be properly placed on the State Minimum Salary Schedule according to degree earned and years of public education service (either in-state or out-of-state). The employee shall be paid according to degree earned and the length of public education experience. 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 (4%) salary increase shall be paid to each public education support worker and adult bus driver employed for the fiscal year 1996-97 in addition to the salary received during the 1995-96 fiscal year, except employees covered under the state’s Merit System at the Department of Youth Services District. Each board of education 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 (4%) pay increase which shall be given to the person employed for the 1996-97 fiscal year and each year thereafter. No state-provided fringe benefits for any lunchroom worker shall be paid from lunchroom sales or from any other aspect of the Child Nutrition Program. Salary increases provided herein and state-provided fringe benefits are funded from the annual Education Trust Fund appropriation in the Foundation Program and shall not be taken from the Child Nutrition Program.

(3) AIDB. A four percent (4%) salary increase shall be given to each person employed by the Alabama Institute for Deaf and Blind for the fiscal year 1996-97 in addition to the salary received during the 1995-96 fiscal year. The board 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 (4%) pay increase which shall be paid to the person employed for the 1996-97 fiscal year and each year thereafter.

(4) POSTSECONDARY. All salary schedules of two-year postsecondary institutions shall be revised by the State Board of Education to reflect an increase of four percent (4%) for fiscal year 1996-97. The pay increase shall be paid to each person employed for the fiscal year 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 in Alabama, and shall take care to ensure proper placements on the salary schedules. The State Board of Education shall insure that all eligible employees who have not reached the maximum step at each public two-year postsecondary institution shall receive a step raise on the appropriate salary schedule. The pay raises provided for in this section shall be paid in addition to the step raise for any employee who has the requisite number of years to receive the step increase based on the 1995-96 salary schedule.

(b) The following provisions are hereby established:

(1) FISCAL YEAR. All salaries and salary increases which are established by the Legislature or authorized 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 as amended.

(2) EXTENDED WORK. Employees on contracts which extend beyond 180 days shall be given a pro rata salary increment for each day or partial day of work extending beyond 180 days.

(3) LOCAL INCREMENT. Any cost-of-living adjustment and/or increase on the State Minimum Salary Schedule provided for in this section shall be exclusive of any local pay increase granted or due to the employee under provisions of the local salary schedule.

(4) REDUCED PAY. No employee shall be dismissed or have his or her work hours reduced or extended or have his or her salary reduced due to the provisions of any pay raise mandated by the Legislature or by the State Board of Education.

(5) COMMUNITY EDUCATION. Each local board of education shall have the option to exclude from state mandated raises any community education or school sponsored child care or child enrichment program which is supplemental to the regular K-12 program required by the state (e.g. extended-day, pre-school and summer enrichment programs).

(6) ADULT BASIC EDUCATION. All adult basic education program employees shall be given the cost-of-living adjustment increase provided for by this section. The local board of education shall transfer to the adult basic education fund sufficient monies to pay the full cost of the salary increase provided in this section.
Ala. Code § 16-25-111 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-111
Section 16-25-111 Cost-of-Living Increase to Members and Beneficiaries of Employees’ Retirement System
Status: in_force

(a) Commencing October 1, 1996, there is provided to certain persons identified in subsection (b) of this section who are currently receiving benefits, whose effective date of retirement was prior to October 1, 1996, for purposes of receiving benefits from the Employees’ Retirement System, and to certain beneficiaries of deceased members and deceased retirees who are currently receiving survivor benefits if the effective date of retirement or death for the deceased member or retiree was prior to October 1, 1996, for purposes of receiving benefits from the Employees’ Retirement System shall receive a cost-of-living increase of not less than twenty-five dollars ($25) per month and the increase shall be more if determined as follows:

(1) Two percent (2%) of the current gross benefit paid to the retiree and to certain beneficiaries of deceased members and deceased retirees.

(2) One dollar ($1) per month for each year of service attained by the retiree for each retiree selecting the maximum retirement allowance or option one.

(3) One dollar ($1) per month for each year of service attained by the retiree reduced by the retiree’s option election factor for each retiree selecting options two, three, or four unless the beneficiary under the option selected is deceased on October 1, 1996, in which case the increase shall not be reduced.

(4) One dollar ($1) per month for each year of service attained by the deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Employees’ Retirement System.

(b) The benefits provided in this section are limited to those retirees whose participation in the Employees’ Retirement System was based on Section 36-27-6, and whose employer at the time of retirement was a local board of education or a state supported institution of higher education. The benefits granted in this section shall not apply to any other participants in the Employees’ Retirement System.
Ala. Code § 16-40-15 — Alabama Code / Title 16 / Chapter 40 / Section 16-40-15
Section 16-40-15
Status: in_force

No later than the 2027-2028 school year, each local board of education shall adopt a screen time policy that provides guidance on the appropriate use of screen-based media in kindergarten classrooms. The policy shall:

(1) Meet the requirements of Article 4, Chapter 24 of Title 26, with respect to kindergarten classrooms;

(2) Require kindergarten teachers to annually complete the screen time training created pursuant to Section 26-24-64; and

(3) If a kindergarten teacher is not in compliance with this section, require the local school principal to first provide additional training for the noncompliant teacher. Continued noncompliance shall be considered a violation of the Alabama Educator Code of Ethics, and the principal may proceed with disciplinary action as adopted by the State Department of Education, including corrective action, with approval from the local superintendent of education.
Ala. Code § 16-16A-7 — Alabama Code / Title 16 / Chapter 16A / Section 16-16A-7
Section 16-16A-7 Additional Findings; Bonds Authorized; Procedures
Status: in_force

(a) The Legislature finds that the number of students attending the several school systems located in those areas of North Alabama that will be directly impacted by the 2005 BRAC and Subsequent BRAC Actions will collectively increase by an estimated 9,000 students. As a result, there will be a need for the construction of additional school facilities as well as the renovation of existing school facilities. The Legislature also finds that the 2005 BRAC and Subsequent BRAC Actions will have a positive impact on future receipts to the Education Trust Fund, as the significant population growth in North Alabama will increase sales, income, and other tax collections. Thus, it is an efficient use of state funds to allow such revenue growth to help pay for capital improvement costs associated with BRAC-related school construction.

(b) The Alabama Public School and College Authority is hereby authorized to sell and issue its Bonds in the aggregate principal amount of up to two hundred eight million dollars ($208,000,000) to provide funds for school bus fleet renewal and to provide funds for the renovation of existing school facilities or construction of new school facilities once proof is provided deemed adequate by the Authority that 4,700 direct full-time jobs can be attributed to 2005 BRAC, Subsequent BRAC Actions, and as a result of administrative actions by a United States government agency, department, or organization placed in service after January 1, 2006, and paying an average salary or equivalent wages equal to or exceeding eighty thousand dollars ($80,000) per year. Recipient school districts shall apply such proceeds for either the renovation of existing school facilities or the construction of new school facilities in the several school districts located in the BRAC Impacted Area or in the Primary Study Area, as such area was identified in the Tennessee Valley Regional Growth Coordination Plan of March 2009.

(1) Of the total aggregate principal amount of bonds authorized to be sold and issued, thirty-three million dollars ($33,000,000) shall be allocated and expended for local boards of education for the purpose of school bus fleet renewal by January 1, 2013. This allocation shall be distributed by the State Department of Education to the various local boards of education in the same manner that fleet renewal funds are distributed for purposes of the Foundation Program.

(2) The bond proceeds of the Authority authorized by this chapter, except for the bond proceeds allocated and expended pursuant to subdivision (1) of this subsection, shall be provided as a dollar for dollar match for local support of such capital projects. Except for the bond proceeds allocated and expended pursuant to subdivision (1) of this subsection, school systems seeking to participate in the bond issue program authorized by this chapter shall remit to the Authority amounts equal to half of the semi-annual debt service payments required to satisfy all covenants of the debt issuance authorized under this chapter for the satisfaction of such debt obligations attributable to the cost of projects to be placed in service in such school system at such times as the Authority shall require.

(3) In the event a school district fails to meet the local revenue requirements in this chapter within 12 months of the Determination Date, the aggregate amount authorized in this chapter for the renovation of existing school facilities, or the construction of new school facilities shall be reduced by the amount allocated to that school district, and those proceeds shall be reallocated to any remaining approved school system.

(4) The Bonds herein authorized shall be in addition to all other bonds previously authorized to be issued by the Alabama Public School and College Authority, and the powers conferred herein are in addition to all other powers heretofore conferred on the Alabama Public School and College Authority by acts heretofore enacted by the Legislature.

(c) The Bonds shall be signed by the president or vice-president of the Alabama Public School and College Authority, and the seal of the Alabama Public School and College Authority affixed thereto, or a facsimile thereof imprinted thereon, and attested by its secretary. All signatures of the president, vice-president, and secretary may be facsimile signatures if the Alabama Public School and College Authority, in its proceedings with respect to issuance, provides for manual authentication, which may be in the form of a certificate as to registration, of the Bonds by a trustee, registrar, or paying agent, or by named individuals who are employees of the state and who are assigned to the Finance Department or State Treasurer’s Office of the state. All Bonds bearing signatures or facsimiles of the signatures of officers of the Alabama Public School and College Authority in office on the date of signing thereof shall be valid and binding notwithstanding that before the delivery thereof and payment therefor, any officer whose signature appears thereon shall have ceased to be an officer of the Alabama Public School and College Authority. The Bonds and the income therefrom shall be exempt from all taxation in the State of Alabama, may be used as security for deposits, and shall be eligible for investments of fiduciary funds, as provided in the 1965 Act. The Bonds shall be construed to have all the qualities and incidents of negotiable instruments subject to any registration provisions pertaining to transfers. The Alabama Public School and College Authority and the Bonds shall be exempt from all laws of the state governing usury including, without limitation, the provisions of Title 8, Chapter 8, or any subsequent statute of similar import. The Bonds shall be in such form or forms and denomination or denominations and of such tenor and maturities, shall bear such rate or rates of interest payable and evidenced in such manner, may be made subject to redemption prior to their maturities, and may contain provisions not inconsistent with this chapter, all as may be provided by the resolution of the Alabama Public School and College Authority under which the Bonds may be issued; provided, that no Bonds shall have a specified maturity date later than twenty years after their date; and provided further, that those Bonds having maturities more than ten years after their date shall be subject to redemption at the option of the Alabama Public School and College Authority on any date on and after the tenth anniversary after their date at such redemption price or prices and under such conditions as may be prescribed in the proceedings of the Alabama Public School and College Authority under which they are issued. For the purpose of paying the principal of, premium, if any, and interest on the Bonds or any Refunding Bonds, the Alabama Public School and College Authority shall designate the State Treasurer or such bank or banks as the Alabama Public School and College Authority, in its discretion, determines to be appropriate and desirable. Funds for the payment of debt service shall be transferred by the Alabama Public School and College Authority or the State Treasurer on behalf of the Alabama Public School and College Authority to the designated paying agent on the actual due date of such principal, premium, if any, or interest.

(d) The Bonds may be sold by the Alabama Public School and College Authority from time to time in series, and if sold in more than one series, may all be authorized in one initial resolution of the Alabama Public School and College Authority with the pledges therefor made by the Alabama Public School and College Authority in such initial resolution although some of the details applicable to each series may be specified in the respective resolutions under which the different series are issued. The Alabama Public School and College Authority, in the course of establishing, by resolution, a principal amount of Bonds to be authorized for sale at any given time, or to be sold in any series, may take into account the existence of any unexpended proceeds of prior issues of bonds of the Alabama Public School and College Authority, and of any other issuer, if such should be deemed by the Alabama Public School and College Authority to be relevant, and may structure the portions of the allocations provided for in this chapter to be distributed from the proceeds of a particular series, constituting less than all the Bonds authorized by this chapter, as the Alabama Public School and College Authority deems necessary or prudent in order to enable the Alabama Public School and College Authority to comply with any tax covenants that may be required of it, or that may be deemed by it to be prudent to be given by it, in connection with the sale of any series of the Bonds. The Alabama Public School and College Authority may fix the method and the terms and conditions under which the sale of any series of the Bonds may otherwise be held; provided that such terms and conditions shall not conflict with any requirement of this chapter. Approval by the Governor of Alabama of the terms and conditions under which any of the Bonds may be issued shall be requisite to their validity. Before any series of the Bonds shall be offered for sale by the Alabama Public School and College Authority, the Governor shall first determine that the issuance of that series of Bonds and the application of the taxes pledged to the payment of the principal of the Bonds as they mature and the interest thereon as the same shall come due will not impair the adequacy of the Trust Fund to pay appropriations therefrom and to support the public schools and institutions of higher learning during the period over which the Bonds will mature. The Governor’s determination in this regard shall be in writing signed by the Governor and such determination shall be final and conclusive. Neither a public hearing nor consent of the State Department of Finance or any other department or agency shall be a prerequisite to the issuance of any of the Bonds.

(e) For the purpose of providing for payment of the principal, premium, if any, and interest on the Bonds, and to accomplish the objectives of this chapter, there is hereby irrevocably pledged to those purposes, and hereby appropriated, such amount as may be necessary therefor from the following sources:

(1) The residue of the receipts from the excise tax, “the utility gross receipts tax,” levied by Title 40, Chapter 21, Article 3, as amended, “Article 3,” remaining after payment of the expenses of administration and enforcement of Article 3, being that portion of the tax that is required by Article 3 to be deposited in the State Treasury to the credit of the Trust Fund, after there shall have been taken from the residue the amount necessary to pay at their respective maturities the principal of and interest on those bonds issued by the Authority under this chapter or any prior act that may be outstanding at the time of the delivery of the respective series of the Bonds authorized herein.

(2) The residue of the receipts from the excise tax, “the utility service use tax,” levied by Title 40, Chapter 21, Article 4, “Article 4,” remaining after payment of the expenses of administration and enforcement of Article 4, being that portion of the tax that is required by Article 4 to be deposited in the State Treasury to the credit of the Trust Fund, after there shall have been taken from the residue the amount necessary to pay at their respective maturities the principal of and interest on those bonds issued by the Authority under this chapter or any prior act that may be outstanding at the time of the delivery of the respective series of the Bonds authorized herein.

(3) To the extent and to the extent only that the revenues appropriated in the foregoing subdivisions (1) and (2) of this subsection may not be sufficient to pay at their respective maturities the principal of, premium, if any, and interest on the Bonds, the residue of the receipts from the excise tax, “the sales tax,” levied by Title 40, Chapter 23, Article 1, Division 1, as amended, “Article 1,” after there shall have been taken from the residue the amounts appropriated for other educational purposes in Section 40-23-35, which residue constitutes that portion of the receipts from the sales tax that is now required by law to be paid into the Trust Fund, and after there shall have been taken from the residue amounts sufficient to meet all prior charges on the residue including such amounts as may be necessary to pay at their respective maturities the principal of and interest on those bonds issued by the Authority under this chapter or any prior act that may be outstanding at the time of the delivery of the respective series of the Bonds authorized herein.

(4) To the extent and to the extent only that the revenues appropriated in the foregoing subdivisions (1), (2), and (3) of this subsection may not be sufficient to pay at their respective maturities the principal of, premium, if any, and the interest on the Bonds, the residue of the receipts from the excise tax, “the use tax,” levied by Title 40, Chapter 23, Article 2, as amended, “Article 2,” after there shall have been taken from the residue the amount necessary to meet the expenses of the State Department of Revenue in collecting the use tax, which residue constitutes that portion of the receipts from the use tax that is now required by law to be paid into the Trust Fund, and after there shall have been taken from the residue such amounts as may be necessary to meet all prior charges on the use tax including the amounts sufficient to pay at their respective maturities the principal of and interest on those outstanding bonds referred to in subdivision (3) of this subsection.

(5) All monies hereby appropriated and pledged shall constitute a sinking fund for the purpose of paying the principal of, premium, if any, and interest on the Bonds. The State Treasurer is authorized and directed to pay at their respective maturities the principal of, premium, if any, and interest on the Bonds out of this fund and out of the residues of the tax receipts herein appropriated and pledged for the benefit of the Bonds, and is further authorized and directed to set up and maintain appropriate records pertaining thereto.

(f) The Bonds shall not be general obligations of the State of Alabama but shall be limited obligations payable solely out of the residues of the tax receipts appropriated and pledged herein. All Bonds issued by the Alabama Public School and College Authority pursuant to the provisions of this chapter shall be solely and exclusively obligations of the Alabama Public School and College Authority and shall not constitute or create an obligation or debt of the State. As security for the payment of the principal of, premium, if any, and interest on the Bonds, the Alabama Public School and College Authority is hereby authorized and empowered to pledge the residues of the tax receipts that are appropriated and pledged herein. All such pledges made by the Alabama Public School and College Authority shall take precedence in the order of the adoption of the resolutions containing the pledges. All such pledges shall be prior and superior to any pledges that may be made for any refunding bonds hereafter issued by the Alabama Public School and College Authority under the provisions of any act heretofore enacted.

(g) For the purpose of refunding any Bonds or Refunding Bonds of the Alabama Public School and College Authority issued under the provisions of this chapter, or any other act previously enacted, or any combination thereof, whether such refunding shall occur before, at, or after the maturity of the Bonds refunded and for the purpose of paying all premiums and expenses of such refunding, including, but not limited to, attorneys’ fees, costs of printing the Refunding Bonds, fiscal agents’ fees, and accountants’ fees, the Alabama Public School and College Authority is hereby authorized to sell and issue its Refunding Bonds. Such Refunding Bonds may be sold and issued from time to time, by negotiated or public sale, and on such other terms and conditions as the Alabama Public School and College Authority shall determine to be advantageous and shall adopt and provide for in its proceedings for the sale and issuance of such Refunding Bonds. Provided, however, no Refunding Bonds shall be issued unless the present value of all debt service on the Refunding Bonds, computed with a discount rate equal to the true interest rate of the Refunding Bonds and taking into account all underwriting discount and other issuance expenses, shall not be greater than 97 percent of the present value of all debt service on the Bonds to be refunded, computed using the same discount rate and taking into account the underwriting discount and other issuance expenses originally applicable to such Bonds, determined as if such Bonds to be refunded were paid and retired in accordance with the schedule of maturities, considering mandatory redemption as scheduled maturity, provided at the time of their issuance. Provided further that the average maturity of the Refunding Bonds, as measured from the date of issuance of such Refunding Bonds, shall not exceed by more than three years the average maturity of the Bonds to be refunded, as also measured from such date of issuance, with the average maturity of any principal amount of Bonds to be determined by multiplying the principal of each maturity by the number of years, including any fractional part of a year, intervening between such date of issuance and each such maturity, taking the sum of all such products, and then dividing such sum by the aggregate principal amount of Bonds for which the average maturity is to be determined. For the purpose of providing funds to enable the Alabama Public School and College Authority to pay at their respective maturities the principal of, premium, if any, and interest on the Refunding Bonds issued under this chapter, the Alabama Public School and College Authority is hereby authorized to pledge irrevocably for such purpose, and there is hereby appropriated for such purpose, such amount as may be necessary of the residues of the receipts from the excise taxes pledged and appropriated herein, any reserves or sinking funds established by the Alabama Public School and College Authority, as well as revenues of the Alabama Public School and College Authority from any other sources specified in the proceedings wherein the Refunding Bonds are authorized to be issued. Pending the application of the proceeds of Refunding Bonds issued in accordance with this subsection, the proceeds, together with investment earnings therefrom, and amounts in any sinking fund, together with investment earnings thereon, may be held by the State Treasurer as treasurer of the Alabama Public School and College Authority in trust, or may be deposited by the State Treasurer in trust, on such terms as the State Treasurer and the Alabama Public School and College Authority shall approve, with a trustee or escrow agent, which trustee or escrow agent shall be a banking institution or trust company authorized to exercise trust powers in Alabama, for investment in Permitted Investments, as such term is defined in Act 2007-415. Proceeds of Refunding Bonds shall be so invested and applied as to assure that the principal, interest, and redemption premium, if any, on the Bonds being refunded shall be paid in full on the respective maturity, redemption, or interest payment dates. Refunding Bonds issued by the Alabama Public School and College Authority shall not be general obligations of the Alabama Public School and College Authority but shall be payable solely from the sources specified in this chapter and in the proceedings whereby the Refunding Bonds are authorized to be issued. All Refunding Bonds issued by the Alabama Public School and College Authority shall be solely and exclusively obligations of the Alabama Public School and College Authority and shall not create debts of the State of Alabama. The faith and credit of the State of Alabama shall never be pledged for the payment of any Refunding Bonds issued by the Alabama Public School and College Authority under this chapter. The Alabama Public School and College Authority may contract with respect to the safekeeping and application of the proceeds of Refunding Bonds and other funds included therewith and the income therefrom, and shall have the right and power to appoint a trustee therefor, which may be any bank or company authorized to exercise trust powers and located within and/or without the state. All pledges made by this chapter, or by the Alabama Public School and College Authority pursuant to the provisions of this chapter, for the benefit of Refunding Bonds issued under this chapter, and all such pledges for the benefit of Refunding Bonds which may be issued to refund any bonds issued under any prior act, shall take precedence in the order of the adoption of the resolutions authorizing the issuance of such Refunding Bonds. Bonds refunded prior to their maturity with the proceeds of Refunding Bonds shall be deemed paid and the pledges herein and by the Alabama Public School and College Authority made for the payment thereof defeased if the Alabama Public School and College Authority, in its proceedings regarding issuance of the Refunding Bonds, shall provide for and establish a trust or escrow fund comprised of monies or Government Securities, as such term is defined in Act 2007-415, or both, sufficient to pay, when due, the entire principal of, premium, if any, and interest on the Bonds to be refunded thereby; provided, that such Government Securities, as such term is defined in Act 2007-415, shall not be subject to redemption prior to their maturities other than at the option of the holder thereof. Upon the establishment of such a trust or escrow fund, the refunded Bonds shall no longer be deemed to be outstanding, shall no longer be secured by the funds pledged therefor in this chapter, shall no longer be obligations of the Alabama Public School and College Authority, and shall be secured solely by and payable from monies and Government Securities, as such term is defined in Act 2007-415, deposited in such trust or escrow fund.

(h) The Alabama Public School and College Authority is authorized to pay out of proceeds of any series of Bonds the costs and expenses incurred in connection with the issuance of such Bonds, including, without limitation, legal and accounting fees and expenses, fees and expenses of any financial or fiscal advisor employed by the Alabama Public School and College Authority, printing costs, rating agency fees, and premiums or charges for any credit enhancement or liquidity providers. Notwithstanding any provision of this chapter or any previous act, in appointing, employing, or contracting with attorneys, fiscal advisers, trustees, paying agents, investment bankers, banks, and underwriters, the Alabama Public School and College Authority may appoint, employ, or contract with firms whose principal offices are located without or within Alabama. The Alabama Public School and College Authority shall hire or contract with attorneys, fiscal advisors, trustees, paying agents, investment bankers, banks, and underwriters which shall reflect the racial and ethnic diversity of the state. The Alabama Public School and College Authority shall issue Requests For Proposals for attorneys, fiscal advisors, trustees, paying agents, investment bankers, banks, and underwriters. The Alabama Public School and College Authority shall evaluate each proposed bid publicly and award each contract publicly. Minutes of the Alabama Public School and College Authority’s meeting shall record the reasons for awarding each contract. The Alabama Public School and College Authority shall hire or contract with businesses or individuals which reflect the racial and ethnic diversity of the State. The Alabama Public School and College Authority shall have the power to make such payments to the United States of America as the board of directors of the Alabama Public School and College Authority deems necessary to cause the interest on any bonds of the Alabama Public School and College Authority, including the Bonds, to be and remain exempt from, or excludible from gross income for purposes of, federal income taxation. The Alabama Public School and College Authority shall have the power to make such agreements respecting the investment of funds of the Alabama Public School and College Authority as the Alabama Public School and College Authority shall deem necessary in order that the interest income on bonds of the Alabama Public School and College Authority be and remain exempt from, or excludible from gross income for purposes of, federal income taxation.
Ala. Code § 16-22-13.2 — Alabama Code / Title 16 / Chapter 22 / Section 16-22-13.2
Section 16-22-13.2 Fiscal Year 2002-2003 Adjustments
Status: in_force

(a) Pay increases, FY 2002-2003. 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 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 budget act for the public schools and colleges.

(1) CERTIFICATED PERSONNEL (K-12). For the fiscal year beginning October 1, 2002, 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 three 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 the fiscal year 2002-2003, the State Minimum Salary Schedule shall reflect the following percentage increases:

Step Years of Experience Increase 1 Less than 3 3.0% 2 3 but less than 6 3.0% 3 6 but less than 9 3.0% 4 9 but less than 12 3.0% 5 12 but less than 15 3.0% 6 15 but less than 18 3.0% 7 18 but less than 21 3.0% 8 21 or greater 3.0%

All certificated employees, including 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 2002-2003 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. The annual budget act for public education shall contain an appropriation of at least five thousand dollars ($5,000) for each teacher who successfully completes the certification process offered by the National Board of Professional Teaching Standards (NBPTS). This provision reflects a continuation of the appropriation provided in Act 98-510 and Act 2000-734. Payment for passing the NBPTS test shall be appropriated from the Education Trust Fund and shall be given to the qualified teacher in a lump sum payment during the month of October each year thereafter. The NBPTS payment shall be subject to the Teachers’ Retirement System’s formula for retirement purposes.

(2) EDUCATION SUPPORT PERSONNEL (K-12). A three percent salary increase 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 2002-2003 fiscal year in addition to the salary received during the 2001-2002 fiscal year, except employees covered under the state Merit System at the Department of Youth Services School District. Each governing body of 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 three percent pay increase which shall be given to the person employed for the 2002-2003 fiscal year and each year employed thereafter. A separate salary schedule shall be established and maintained for each job. No salary increase or state-provided fringe benefits for any lunchroom worker shall be paid from lunchroom sales or from any other aspect of the Child Nutrition Program. Salary increases provided herein and state-provided fringe benefits are funded from the annual budget act for the public schools and shall not be taken from the Child Nutrition Program.

(3) AIDB. For the fiscal year 2002-2003, employees at the Alabama Institute for Deaf and Blind shall receive pay increases which shall be in excess of their salaries received during the 2001-2002 fiscal year. The increases shall be as follows:

a. Certificated. The salary schedule for certificated employees shall be revised to reflect at least the following amount of raises: Step Years of Experience Increase 1 Less than 3 3.0% 2 3 but less than 6 3.0% 3 6 but less than 9 3.0% 4 9 but less than 12 3.0% 5 12 but less than 15 3.0% 6 15 but less than 18 3.0% 7 18 but less than 21 3.0% 8 21 or greater 3.0% b. Support. A three percent salary increase shall be given to each support worker employed.

c. Miscellaneous requirements. The board 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 the pay increases above which shall be given to each person employed for the 2002-2003 fiscal year and each year employed thereafter. The raises contained in this subsection shall be paid to each employee. A separate salary schedule shall be established and maintained for each job and position.

(4) TWO-YEAR POSTSECONDARY INSTITUTIONS. The State Board of Education shall revise all salary schedules of the two-year postsecondary institutions to reflect an increase of three percent for the 2002-2003 fiscal year. The pay increases 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 three percent, except as specifically provided in this section. Every employee on salary schedules C-3 shall receive at least a three percent cost-of-living adjustment.

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

(1) FISCAL YEAR. All salaries and salary increases which are established by the Legislature or authorized 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, as amended.

(2) EXTENDED WORK. Public school employees on contracts which extend beyond 182 days shall be given a pro rata salary increment for each day or partial day of work extending beyond 182 days.

(3) LOCAL INCREMENT. Any cost-of-living adjustment 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 the local salary schedule. Any cost-of-living adjustment or pay increase required by this section for public school support personnel shall be in addition to any pay increase granted or due to the employees under provisions of the local salary schedules. The pay raise provisions of this section shall not apply to the federal portion of the salary paid to a Junior Reserve Officer Training Corps (JROTC) instructor employed by a local school board.

(4) REDUCED PAY. No employee shall be dismissed or have his or her work hours reduced or extended or have his or her salary reduced due to the provisions of any pay raise required by the Legislature or by the State Board of Education.

(5) COMMUNITY EDUCATION. Each county and city board of education shall have the option to exclude from the provisions of this section any community education or school-sponsored child care or child enrichment program which is supplemental to the state-required educational program.

(6) LOCAL CHIEF EXECUTIVE OFFICERS. The pay raise provisions of this section shall not apply to superintendents of education of any school system. Any pay increase given to the superintendent shall be by recorded vote of the governing board of authority.

(7) CAREER TECHNICAL PROGRAMS. There shall be no cutbacks or decreases in the Career Technical Programs of any board as a result of this or any preceding pay raise act of the Legislature. Neither the salaries nor the number of career technical employee positions are to be reduced or diminished in any manner or method as a result of the passage of this section or any prior act after the 1995 fiscal year granting pay increase to any employee of the board. It shall be strictly prohibited for any board or chief executive officer to take monies from the Career Technical Program to finance, in whole or in part, the programs or the salaries of the employees in the Career Technical Program of the board, and the State Board of Education shall take care to protect the viability of the Career Technical Program of each board.

(8) ANNIVERSARY DATE OF EMPLOYMENT. The employee shall be placed on the appropriate salary schedule according to length of service and degree earned as contained in this section. The length of employment shall include both in-state and out-of-state years of public education experience. Placement on the salary schedule shall be calculated according to the anniversary date of employment.
Ala. Code § 16-24C-11 — Alabama Code / Title 16 / Chapter 24C / Section 16-24C-11
Section 16-24C-11 Termination of Employment by Teacher
Status: in_force

No public K-12 teacher shall be permitted to terminate his or her employment within 30 calendar days before the first day of the next school term for students, unless the termination is mutually agreed upon. A public K-12 teacher may terminate his or her employment at any other time by giving 30 days’ written notice to the employing board of education. Any public K-12 teacher terminating his or her employment in violation of this section is guilty of unprofessional conduct, and the State Superintendent of Education may revoke or suspend the certificate of the violating teacher.
Ala. Code § 16-51-7 — Alabama Code / Title 16 / Chapter 51 / Section 16-51-7
Section 16-51-7 Board of Trustees - Transfer of Jurisdiction
Status: in_force

After September 9, 1967, the board of trustees created by this chapter for the University of North Alabama shall have exclusive jurisdiction, supervision and control of the University of North Alabama; and the State Board of Education is thereafter divested of all jurisdiction, power and authority with regard to the supervision, management and control of such university except as otherwise herein provided. In addition to the powers, duties and authority hereinabove vested in the board of trustees, such board shall have and exercise all power, authority and duties heretofore conferred on, vested in or required of the State Board of Education under any laws of this state with regard to the supervision, management and control of such university except as otherwise herein provided. Upon such date, the State Board of Education shall transfer to the board of trustees all supplies, funds, books, documents, records and other property or effects of such university.
Ala. Code § 16-6F-10 — Alabama Code / Title 16 / Chapter 6F / Section 16-6F-10
Section 16-6F-10 Reporting of Enrollment, Attendance, Etc.; Funding
Status: in_force

(a) Enrollment. Each public charter school shall report enrollment, attendance, and other counts of students to the department in the manner required by the department.

(b) Operational funding.

(1) The following provisions govern operational funding:

a.1. In their initial year, and in subsequent years to accommodate growth as articulated in their application, start-up public charter schools shall be provided Foundation Program funding by inclusion of anticipated enrollment as provided in the approved charter application. During the fiscal year, the resulting Foundation Program allocation shall be adjusted to reconcile the variance between anticipated and actual funded enrollment.

2. A conversion public charter school shall be funded at the same level as the school was funded prior to its conversion to a conversion public charter school. All federal, state, and local dollars allocated to support the conversion public charter school shall be directly appropriated by the local school board to the conversion public charter school operator. Under no circumstances may the local school board withhold funds for services without mutual agreement from the conversion public charter school operator.

3. In addition to Foundation Program allocation, all start-up public charter schools shall participate in other Education Trust Fund and Public School Fund appropriations in the same manner as any other non-charter public school system. In addition to Foundation Program allocation, all conversion public charter schools shall receive from the local school board a pro rata share of other Education Trust Fund appropriations.

b. For each of its students, a public charter school shall receive the same amount of state funds, including funds earmarked for the Foundation Program transportation, school nurses, technology coordinators, and other line items that may be included in the appropriation for the Foundation Program Fund which, for the then-current fiscal year, would have otherwise been allocated on behalf of each public charter school student to the local school system where the student resides. This amount shall reflect the status of each student according to grade level, economic disadvantage, limited English proficiency, and special education needs.

c. For each of its students, a public charter school shall receive the same amount of local tax revenue, that, for the then-current fiscal year, would have otherwise been allocated on behalf of each public charter school student to the local non-charter public school of each student’s residence, excluding those funds already earmarked through a vote of the local school board for debt service, capital expenditures, or transportation. As necessary, the department shall adopt processes and procedures to determine the specific local revenue allocations according to the Foundation Program for each public charter school.

d. The state funds described in paragraph a. shall be forwarded by the department to all start-up public charter schools on the same schedule as funds are forwarded to local school systems by the department. The state funds described in paragraph a. shall be forwarded to conversion public charter schools by the local school system on the same schedule as funds are forwarded to local school systems by the department. The local funds described in paragraph c. shall be forwarded on a quarterly basis to the public charter school by the local educational agency of the student’s residence, notwithstanding the oversight fee reductions pursuant to Section 16-6F-6. Additionally, any local revenues restricted, earmarked, or committed by statutory provision, constitutional provision, or board covenant pledged or imposed by formal action of the local board of education or other authorizing body of government, shall be excluded by the local educational agency of the student’s residence when determining the amount of funds to be forwarded by the agency to the public charter school.

e. The maximum annual local tax allocation forwarded to a start-up public charter school from a local school system, for each student, shall not exceed the per student portion of the state required 10 mill ad valorem match.

f. The annual local tax allocation forwarded to a conversion public charter school from a local school system, for each student, shall equal the amount that would have been received by the local education agency of the student’s residence for each student who now attends a conversion public charter school. In the event a local school system fails to honor an agreement with a conversion public charter school operator or if the local school system fails to forward the annual local tax allocation to a conversion public charter school as required by this subsection, the State Superintendent of Education shall intervene pursuant to Section 16-4-4, and allocate the local funds to the conversion public charter school accordingly.

g. Annually, the department shall calculate these per-student allocations and ensure that these per-student allocations are distributed directly to start-up public charter schools and conversion public charter schools on a per-student basis. The department shall adopt rules governing cost-sharing for students participating in specialized gifted, talented, vocational, technical, or career education programs.

(2) CATEGORICAL FUNDING. The department shall direct the proportionate share of monies generated under federal and state categorical aid programs to all public charter schools, including start-up public charter schools and conversion public charter schools, serving students eligible for such aid. The state shall ensure that all public charter schools with rapidly expanding enrollments are treated equitably in the calculation and disbursement of all federal and state categorical aid program dollars. Each public charter school that serves students who may be eligible to receive services provided through such programs shall comply with all reporting requirements to receive the aid.

(3) SPECIAL EDUCATION FUNDING.

a. The state or a local school board shall pay directly to a public charter school, including start-up public charter schools and conversion public charter schools, any federal or state aid attributable to a student with a disability attending the school.

b. At either party’s request, a public charter school and its authorizer may negotiate and include in the charter contract alternate arrangements for the provision of and payment for special education services.

(4) GENERALLY ACCEPTED ACCOUNTING PRINCIPLES; INDEPENDENT AUDIT.

a. A public charter school shall adhere to generally accepted accounting principles.

b. A public charter school shall annually engage an independent certified public accountant to do an independent audit of the school’s finances. A public charter school shall file a copy of each audit report and accompanying management letter to its authorizer by June 1. This audit shall include the same requirements as those required of local school system pursuant to Section 16-13A-7.

(5) TRANSPORTATION FUNDING.

a. The department shall disburse state transportation funding to a public charter school on the same basis and in the same manner as it is paid to public school systems.

b. A public charter school may enter into a contract with a school system or private provider to provide transportation to the school’s students.

c. Public charter schools that do not provide transportation services shall not be allocated any federal, state, or local funds otherwise earmarked for transportation-related expenses.
Ala. Code § 16-31-4 — Alabama Code / Title 16 / Chapter 31 / Section 16-31-4
Section 16-31-4 Appropriation from Education Trust Fund
Status: in_force

The sum of $750.00 is hereby appropriated annually to each state institution of higher learning described in Section 16-31-1 for each scholarship awarded by any such institution as provided in this chapter, which appropriation shall be paid from the Education Trust Fund; provided, that in the fall of each school year no more than 150 such scholarships shall be provided under this section.
Ala. Code § 16-47-136 — Alabama Code / Title 16 / Chapter 47 / Section 16-47-136
Section 16-47-136 Scholarships - Who Eligible
Status: in_force

To be eligible to receive a scholarship provided by this article, a person must have been a resident of the State of Alabama for a period of at least one year immediately preceding the time of making application and must be a person of good character, who shall have been accepted for matriculation by the authorities of the University of Alabama and shall have met the requirements for professional nursing education as determined by the University of Alabama School of Nursing. Applications for scholarships shall be made to the University of Alabama School of Nursing.
Ala. Code § 16-22B-6 — Alabama Code / Title 16 / Chapter 22B / Section 16-22B-6
Section 16-22B-6 Confidentiality of Information
Status: in_force

(a) School security rubric ratings and school mapping data, including any information or records used to determine a rating or develop mapping data, are confidential and shall not be considered public records under Article 3 of Chapter 12 of Title 36.

(b) This chapter may not be considered as creating a private right of action against a local board of education or its officials or employees.
Ala. Code § 16-39-8 — Alabama Code / Title 16 / Chapter 39 / Section 16-39-8
Section 16-39-8 Classification of Child; Placement; Record of Case History
Status: in_force

No child shall be given special services under the terms of this chapter as an exceptional child until he is properly classified as an exceptional child; provided, that the child’s parent or guardian shall be informed of the reasons for such classification. A copy of the report certifying to the child’s type of exceptionality shall be kept on file in the office of the principal of the school in which the child is enrolled and at such other places as may be prescribed by regulations of the State Board of Education.

In providing for the instruction of exceptional children, the school boards shall utilize regular school facilities and adapt them to the needs of exceptional children, except as otherwise provided herein. No exceptional child shall be segregated and taught apart from other nonexceptional children until a careful study of the child’s case has been made and evidence obtained which indicates that such segregation would be for the exceptional child’s benefit or is necessary because of difficulties involved in teaching the child in a regular school program. Appropriate placement shall be made on the basis of the placement committee recommendation wherever this is practicable.

The principal of the school in which an exceptional child is taught shall keep a written record of the case history of each exceptional child, showing the reason for any withdrawal of such exceptional child from the regular school program in the public school and his enrollment in or withdrawal from a special school program for exceptional children. Such confidential record shall be available for inspection by appropriate school officials and appropriate faculty at any time with the consent of the school principal.
Ala. Code § 16-17-2 — Alabama Code / Title 16 / Chapter 17 / Section 16-17-2
Section 16-17-2 Legislative Intent
Status: in_force

It is the purpose of the Legislature by this chapter to authorize the incorporation of educational building authorities as public corporations and as political subdivisions of the state for the purpose of providing ancillary improvements for use in connection with educational institutions in this state, and to invest each authority organized hereunder with all power that may be necessary or appropriate to enable it to accomplish such purpose, including but without limitation to the power to lease its properties and to issue interest-bearing revenue bonds. This chapter shall be liberally construed in conformity with the said intent.
Ala. Code § 16-26B-8 — Alabama Code / Title 16 / Chapter 26B / Section 16-26B-8
Section 16-26B-8 High School of Mathematics and Science 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 as codified as Sections 16-26A-1 through 16-26A-9.
Ala. Code § 16-38A-4 — Alabama Code / Title 16 / Chapter 38A / Section 16-38A-4
Section 16-38A-4 Priorities and Criteria for Disbursement of Funds; Report; Recordkeeping
Status: in_force

(a) The board shall establish priorities and criteria for disbursement of monies in the Alabama Head and Spinal Cord Injury Trust Fund and to assure maximum benefits from the trust. The Division of Rehabilitation Services in the State Department of Education shall expend monies from the trust fund in accordance with the priorities and criteria established by the board.

(b) The board shall investigate the needs of citizens with head injuries and spinal cord injuries, identify the gaps in services to the citizens, and issue a report to the Legislature on the first day of the 1994 Regular Session with recommendations for meeting the needs.

(c) The board shall keep full and complete written minutes of its proceedings.
Ala. Code § 16-18-4 — Alabama Code / Title 16 / Chapter 18 / Section 16-18-4
Section 16-18-4 Amendments to Certificate of Incorporation
Status: in_force

(a) The certificate of incorporation of any authority incorporated under the provisions of this chapter may at any time and from time to time be amended in the manner provided in this section.

(b) The board of directors of the authority shall first adopt a resolution proposing an amendment to the certificate of incorporation, which amendment shall be set forth in full in the said resolution and may include any matters which might have been included in the original certificate of incorporation or which could be included in the certificate of incorporation of an authority organized on the date of the adoption of the said resolution proposing the amendment.

(c) After the adoption by the board of a resolution proposing an amendment to the certificate of incorporation of the authority, the board shall file a written application with the governing body of the determining municipality. Such application shall:

(1) State that it is wise, expedient, necessary or advisable for the said amendment to be made; and

(2) Request that the governing body of the determining municipality 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 for the said amendment to be made.

Every such application shall be accompanied by a certified copy of the said resolution adopted by the board proposing the said amendment to the certificate of incorporation, together with such documents in support of the application as the board may consider appropriate. As promptly as may be practicable after the filing of the said application with it, the governing body of the determining municipality shall review the said application and shall find and determine whether it is wise, expedient, necessary or advisable for the said amendment to be made. In finding and determining whether it is wise, expedient, necessary or advisable for the said amendment to be made, the said governing body may consider, in conjunction with any other factors it may deem relevant, alternative means of accomplishing any lawful objective or purpose of the said amendment affecting the public interest. If the said governing body finds and determines that it is wise, expedient, necessary or advisable for the said amendment to be made, it shall adopt a resolution declaring that it has reviewed the said application and has found and determined as a matter of fact that it is wise, expedient, necessary or advisable for the said amendment to be made; if the said governing body finds and determines that it is not wise, expedient, necessary or advisable for the said amendment to be made, it shall deny the application.

(d) Within 40 days following the adoption by the governing body of the determining municipality of a resolution finding and determining as a matter of fact that it is wise, expedient, necessary or advisable for said amendment to be made, the chairman of the authority and the secretary of the authority shall sign and file for record in the office of the judge of probate of the county in which the original certificate of incorporation was filed a certificate in the name of and in behalf of the authority, under its seal, reciting the adoption of said respective resolutions by the board and by the said governing body and setting forth the said proposed amendment. If the proposed amendment provides for a change in the name of the authority, there shall be filed, together with the certificate required by the immediately preceding sentence, a certificate by the Secretary of State showing that the proposed new name of the authority is not identical to that of any other corporation then in existence and organized under the laws of this state, or so nearly similar to that of any other such corporation as to lead to confusion and uncertainty. The judge of probate shall promptly examine each such certificate and shall determine whether it is complete and regular on its face and whether the proposed amendment complies with the provisions of this chapter. If the judge of probate shall find that each such certificate is complete and regular on its face and that the proposed amendment complies with the provisions of this chapter, he shall require each such certificate to be recorded in a well-bound book in his office. Upon the filing of the aforesaid certificates, the said amendment to the certificate of incorporation shall become effective. If the proposed amendment effects a change in the name of the authority, the judge of probate shall promptly send a notice to the Secretary of State advising him of such change.
Ala. Code § 16-25-150 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-150
Section 16-25-150 Participation in Plan
Status: in_force

(a) As governed by this subsection, there exists as a part of this retirement system an optional account known as the Deferred Retirement Option Plan, which may be cited as “DROP.” The purpose of DROP is to allow, contractually, in lieu of immediate withdrawal from service and receipt of a retirement allowance, continued employment for a specific period of time, coupled with the deferral of receipt of a retirement allowance until the end of the period of participation, at which time the member shall withdraw from service.

(b) Participation in DROP is an option available to any member of this retirement system who meets all of the following requirements:

(1) Has at least 25 years of creditable service exclusive of sick leave.

(2) Is at least 55 years of age.

(3) Is eligible for service retirement.

(c) An election to participate in DROP may be made in one year increments not to exceed five years, nor to be less than three years. A member may participate in DROP only one time. Any voluntary termination within the first three years in DROP will result in a forfeiture of the portion of his or her DROP account that constitutes the retirement allowance. However, member contributions will not be forfeited, nor will any interest attributable to the retirement allowance. There will be no penalty forfeiture if the participation period is interrupted due to an involuntary dismissal, disability, involuntary transfer of his or her spouse, or death of the participant.

(d) A member who chooses to participate in DROP may elect an option allowance set out for members of the Teachers’ Retirement System in subsection (h) of Section 16-25-14 at the beginning of the participation period. Otherwise, he or she shall receive the maximum benefit. Such election shall be irrevocable once the participation period begins except as otherwise provided in this chapter.

(e) For purposes of DROP, sick leave may not be converted for purposes of establishing retirement eligibility, nor used in the calculation of the original retirement allowance except as provided in Section 16-25-151.

(f) The election to participate in DROP shall be made in accordance with procedures set forth in a uniform and nondiscriminatory election and application form adopted by the Board of Control. The election to participate in DROP may be made at any time on or after the date the member becomes eligible to participate as set out in subsection (b). Such application must be made at least 30 days, but not more than 90 days, before the effective date of participation in DROP, and shall be made no later than March 24, 2011. A member must be eligible to participate, as provided above at the time the application is made.

(g) Upon the effective date of the commencement in DROP, the member’s service shall remain as it existed on that date for the duration of DROP. Once a member enters DROP, service credit purchases are prohibited. Both the employer and employee member contribution shall continue to be made. The monthly retirement allowance that would have been payable, had the person elected to withdraw from service and receive a retirement allowance, shall be paid into a DROP account that reflects the credits attributed to the person in DROP. However, the monies shall remain a part of the regular retirement fund until disbursed to the participating member in accordance with this section. Any monies paid into this account are subject to the exemptions set out in Section 16-25-23.

(h)(1) The DROP account shall earn interest at the same rate that interest is posted to active member accounts as defined in subdivision (15) of Section 16-25-1. A person who participates in this plan shall not be eligible to receive a retiree cost-of-living increase while participating in DROP, and shall not be eligible for a retiree cost-of-living increase until participation in the plan ceases and he or she withdraws from service and has been receiving a retirement allowance for at least one full year.

(2) Notwithstanding any other provision of this chapter, for any member who has fulfilled his or her obligation under DROP and does not withdraw from service and any member who begins participation in DROP on or before April 1, 2011, and fulfills his or her obligation under DROP and does not withdraw from service, the amount of interest payable on benefit deposits after March 24, 2011, shall be the lesser of (1) the investment performance of the immediately preceding fiscal year but no less than $0, or (2) as provided in subdivision (1) of subsection (d) of Section 16-25-151.

(i) DROP shall not be subject to any fees, charges, or other similar expenses of any kind for any purpose.

(j) Participation in DROP shall not affect the rights of any education employee including, but not limited to, the Fair Dismissal Act, Section 36-26-100 et seq., the tenure law, Section 16-24-1, et seq., or any other fringe benefit.

(k) Participation in DROP shall not affect the accrual of annual and sick leave by the participant.

(l) Participants in DROP may receive salary cost-of-living adjustments and salary increases.
Ala. Code § 16-47A-8 — Alabama Code / Title 16 / Chapter 47A / Section 16-47A-8
Section 16-47A-8 Board of Trustees - Vacancies; Appointments
Status: in_force

(a) Any vacancy in the office of trustee occurring during a recess of the Legislature shall be filled by appointment of the Governor. The appointee shall hold office until the next session of the Legislature, at which time the appointment shall be confirmed by the Senate. If not confirmed by the Senate, another appointment shall be made by the Governor in like manner until an appointment is confirmed by the Senate. A trustee appointed by the Governor to fill a vacancy, by and with the consent of the Senate, shall hold office during the unexpired term.

(b) After the initial appointments to the board, future members appointed to the board shall be appointed by the Governor from a list of three persons nominated by a nominating committee. The nominating committee shall consist of all of the following members:

(1) One member of the board as elected by the membership of the board.

(2) The presiding officer of the Athens State University Faculty Senate.

(3) The presiding officer of the Athens State University Staff Senate.

(4) One member of the Limestone County Legislative Delegation, as selected by the delegation.

(5) The President of the Athens State University Alumni Association, or his or her designee.

(6) The President of the Athens State University Foundation, or his or her designee.

(7) The president of the university shall serve as a nonvoting, ex officio member and chair of the committee.

(c) Within 45 days of any vacancy on the board, the nominating committee shall select and forward to the Governor three names for consideration for appointment. If no recommendation is made by the nominating committee within 45 days after a vacancy, the Governor, by and with the advice and consent of the Senate, may appoint a qualified candidate to fill the vacancy.
Ala. Code § 16-26D-2 — Alabama Code / Title 16 / Chapter 26D / Section 16-26D-2
Section 16-26D-2 Definitions
Status: in_force

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

(1) DEPARTMENT. The State Department of Education.

(2) SCHOOL. The Alabama School of Cyber Technology and Engineering.

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

(4) SUPERINTENDENT. The State Superintendent of Education.
Ala. Code § 16-44A-16 — Alabama Code / Title 16 / Chapter 44A / Section 16-44A-16
Section 16-44A-16 Establishment of Bank Accounts; Adoption of Annual Budget; Performance of Independent Annual Audit
Status: in_force

(a) The board shall establish its account(s) and deposit its funds therein with any bank qualified to serve as a state depositary. All funds shall be governed by the applicable laws of Alabama, including the state bid law and the ethics act. Nothing herein shall be deemed to require uncompensated compact delegates, compact members, and board members to file annual statements of economic interests. The board shall adopt an annual budget, provide for its administration, and require bonding of officers and employees as it deems necessary and pay premiums therefor.

(b) There shall be an annual audit performed by a certified public accountant, appointed by the board, and a copy shall be furnished to the board, executive director, and to the Department of Examiners of Public Accounts. Nothing herein shall preclude the department from conducting an examination of the books or finances of the compact.
Ala. Code § 16-65-11 — Alabama Code / Title 16 / Chapter 65 / Section 16-65-11
Section 16-65-11 Exemptions from Taxation, Fees, and Costs
Status: in_force

The property and income of the authority, all bonds issued by the authority, the income from such bonds or from any other sources, the interest and other profits from such bonds enuring to and received by the holders thereof, conveyances by and to the authority and leases, mortgages, and deeds of trust by and to the authority shall be exempt from all taxation in the State of Alabama. The authority shall not be obligated to pay or allow the payment of any fees, taxes, or costs to the Secretary of State or to any judge of probate of any county in connection with the recording by it of any document or otherwise, the authority being hereby exempted from the payment of any such fees, taxes, and costs. No license or excise tax may be imposed by any authority with respect to the privilege of engaging in any of the activities in this chapter.
Ala. Code § 16-25-10.11 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-10.11
Section 16-25-10.11 Officers and Employees of School Superintendents of Alabama
Status: in_force

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

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

(c) All benefits that accrue and are payable to any beneficiary under this section shall be limited to and shall not exceed the amount paid in by the beneficiary and the employer plus his or her portion of the interest earned and the enhancement of his or her moneys by investing them, less the cost of administration, at no cost to the State of Alabama.

(d) All executive officers and employees of the School Superintendents of Alabama now covered in the Teachers’ Retirement System of Alabama under Section 16-25-10.2, pursuant to affiliation with the Alabama Council for School Administration or its successor organization, the Council for Leaders in Alabama Schools, may continue to be enrolled in the Teachers’ Retirement System of Alabama by their employer, the School Superintendents of Alabama, with all credits as have been established in the Teachers’ Retirement System of Alabama.
Ala. Code § 16-50-26 — Alabama Code / Title 16 / Chapter 50 / Section 16-50-26
Section 16-50-26 Meetings
Status: in_force

(a) The first meeting of the Board of Trustees of Alabama State University after all members have been appointed shall be upon the call of the president of the board. The board shall hold regular meetings on the first Thursdays in May and November at the university unless the board, in regular session, shall determine to hold its meetings at some other time and place. The regular May meeting shall be the regular annual meeting at which the membership of the board shall select a president and president pro tempore of the board from among its members. Special meetings of the board may be assembled by either one of the two methods outlined as follows:

(1) Commencing with the first regular May meeting in 2020, special meetings of the board may be called by the president of the board. In calling special meetings, the president of the board shall mail a written notice to each trustee, naming the time and place thereof, with terms as provided in the bylaws of the board, at least 10 days in advance of the date of the meetings.

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

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

(c) Members of the board may participate in a meeting of the board or any committee of the board by means of telephone conference, video conference, or similar communications equipment by means of which all persons participating in the meeting may hear each other at the same time. Participation by these electronic means shall constitute presence in person at a meeting for all purposes, including the establishment of a quorum. Except as specifically provided otherwise by this section, participation in meetings by members of the board and any committees of the board shall be conducted in compliance with the Alabama Open Meetings Act. Except for emergency meetings, notice of board meetings shall be provided in accordance with the Alabama Open Meetings Act, and any telephone or video conference or similar communications equipment used by the members of the board shall also allow members of the public the opportunity to simultaneously listen to or observe meetings held pursuant to this subsection.
Ala. Code § 16-44A-30 — Alabama Code / Title 16 / Chapter 44A / Section 16-44A-30
Section 16-44A-30 Legislative Findings
Status: in_force

(a) Under Article 1 of this chapter, the Joint Legislative Committee on Southern Leadership Goals authorized and consented to the formation of a non-profit entity, subsequently organized as The Citizenship Trust and domiciled in Shelby County, Alabama, for the purpose of, among other things, proposing to the Legislature a voluntary compact to promote citizenship education programs.

(b) The Legislature now finds that the voluntary partnership, compact, or trust should be authorized and ratified whereby public and private entities which desire to work together may do so to enhance and expand citizenship education for students. The Legislature further finds that citizenship and character education of young people in the principles of the Constitution, Bill of Rights, and other great foundations of the American Republic are essential to the civic, political, economic, security, and social well-being of our society, and to the advancement and progress of the State of Alabama, this region, and our nation.
Ala. Code § 16-60-117 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-117
Section 16-60-117 Technical and Workforce Development Programs
Status: in_force

The board may operate technical and workforce development programs as are necessary and appropriate to provide a skilled workforce within the state. Such technical and workforce development programs may be provided through the facilities and faculties of the community and technical colleges or may be provided at other sites and utilizing such other faculty and staff as are required to satisfy the needs of business and industry. The board, upon recommendation of the Chancellor, shall appoint such program directors as needed with respect to such programs, using the same procedures as are from time to time applicable to the appointment of the presidents of the community and technical colleges.
Ala. Code § 16-22A-9 — Alabama Code / Title 16 / Chapter 22A / Section 16-22A-9
Section 16-22A-9 Collection and Transfer of Fingerprints, Fees, and Information
Status: in_force

(a) Local employing boards and other public authorized employers required to obtain criminal history background information checks under this chapter shall collect and forward to the State Department of Education, two complete acceptable sets of fingerprints, written consent, and nonrefundable fee, when applicable, from applicants for certification, applicants for public employment, or public current employees under review, who have or seek to have unsupervised access to a child or children.

(b) Nonpublic school employers shall voluntarily collect and forward two complete acceptable sets of fingerprints, written consent, and nonrefundable fee, when applicable, from applicants for nonpublic employment, nonpublic current employees, or nonpublic current employees under review, who have or seek to have unsupervised access to a child or children, to the Department of Public Safety to request a criminal history background information check.

(c) When a local employing board or other public authorized employer sends the items listed in subsection (a) to the State Department of Education, the State Department of Education shall record receipt of the items and forward them to the Department of Public Safety to request a criminal history background information check.

(d) When a nonpublic school collects the items listed in subsection (b) to forward to the Department of Public Safety, the superintendent, headmaster, or other designated representative of the nonpublic school shall be responsible for recording receipt of the items and forwarding them to the Department of Public Safety to request a criminal history background information check.

(e) The Department of Public Safety shall forward criminal history background information reports for applicants for certification, certified applicants for public employment, noncertified applicants for public employment, and public current employees under review to the office of the State Superintendent of Education.

(f) Upon receipt of any criminal history background information reports requested by a local employing board or other public authorized employer, the State Department of Education shall review the information in the reports as follows:

(1) If the reports pertain to an applicant for certification, the State Superintendent of Education shall review the criminal history record information reports and make a diligent effort to determine the final disposition of any arrests. Based only upon confirmed convictions and pending criminal charges, the State Superintendent of Education shall determine whether the applicant for certification satisfies the suitability criteria for public employment pursuant to this article. If the applicant satisfies this suitability criteria, the State Department of Education shall issue a suitability determination and, if other requirements for certification are met, appropriate certification to the applicant for certification. If the applicant for certification does not satisfy the applicable suitability criteria, the State Superintendent of Education shall send a notice of proposed nonissuance of certification to the applicant and the applicant shall be informed of his or her rights to due process pursuant to the Alabama Administrative Procedure Act.

(2) If the reports pertain to a certified applicant for employment by a local employing board or other public authorized employer, the State Superintendent of Education shall review the criminal history record information reports and make a diligent effort to determine the final disposition of any arrests. Based only upon confirmed convictions and pending criminal charges contained in the reports, the State Superintendent of Education shall determine whether the applicant satisfies the suitability criteria for public employment pursuant to this article. If the certified applicant for employment satisfies this suitability criteria for public employment, the State Department of Education shall issue a suitability determination to the applicant and the local employing board requesting the determination. If the applicant does not satisfy the suitability criteria, the State Superintendent of Education shall send notice in writing of a proposed determination of unsuitability to the certified applicant for employment. The notice shall state the reasons in detail for the proposed determination of unsuitability and shall inform the certified applicant for employment of his or her rights to challenge the determination of unsuitability pursuant to an administrative hearing conducted by the State Department of Education in accordance with the Alabama Administrative Procedure Act. The hearing may be open or closed at the option of the certified applicant for employment, and the certified applicant for employment shall have the same rights as established in certificate revocation proceedings in accordance with the Alabama Administrative Procedure Act.

a. Pending final resolution of the State Department of Education hearing:

1. The State Superintendent of Education may take no further action regarding the suitability determination.

2. The suitability determination regarding the certified applicant for employment is stayed.

3. The requesting local employing board is prohibited from taking any adverse action against the certified applicant for employment that pertains to the pending proceeding of the State Department of Education.

b. Upon final resolution of the State Department of Education administrative determination in accordance with the Alabama Administrative Procedure Act, the results of the hearing, and any accompanying findings or order, shall be sent to both the certified applicant for employment and the requesting local employing board.

c. Any personnel action taken against the certified applicant for employment shall be in accordance with all applicable state and federal laws as well as any adopted applicable local policies or procedures.

(3) If the reports pertain to a noncertified applicant for employment by a local employing board or other public authorized employer, the State Superintendent of Education shall review the criminal history record information reports and make a diligent effort to determine the final disposition of any arrests. The State Superintendent of Education shall provide a report on the noncertified applicant for employment consisting only of confirmed convictions and pending criminal charges. The State Superintendent of Education shall send a copy of the report to the noncertified applicant for employment and the local employing board requesting the information. Upon receipt of the report, the local employing board may take any personnel action deemed appropriate against the noncertified applicant for employment that is in accordance with all applicable state and federal laws as well as any adopted applicable local policies or procedures.

(4) If the reports pertain to a public current employee under review, the State Superintendent of Education shall review the criminal history record information reports and make a diligent effort to determine the final disposition of any arrests. Based only upon confirmed convictions and pending criminal charges, the State Superintendent of Education shall determine whether the public current employee under review satisfies the suitability criteria for public employment pursuant to this article. If the public current employee under review satisfies this suitability criteria for public employment, the State Department of Education shall issue a suitability determination to the employee and the local employing board requesting the determination. If the public current employee under review is certified and does not satisfy the suitability criteria for public employment, the State Superintendent of Education shall send notice in writing of a proposed revocation of certification to the certified public current employee under review. If the public current employee under review is not certified and does not satisfy the suitability criteria for public employment, the State Superintendent of Education shall send notice in writing of a proposed determination of unsuitability to the noncertified public current employee under review. The notice to the certified public current employee under review shall state the reasons in detail for the proposed revocation of certification and shall inform the certified employee of his or her rights to challenge the proposed revocation of certification. The notice to the noncertified public current employee under review shall state the reasons in detail for the proposed determination of unsuitability and shall inform the noncertified employee of his or her rights to challenge the determination of unsuitability. If the public current employee under review is certified, he or she may challenge the proposed determination of unsuitability pursuant to paragraph b. of subdivision (1) of Section 16-22A-33. If the public current employee under review is not certified, he or she may challenge the proposed determination of unsuitability pursuant to paragraph b. of subdivision (2) of Section 16-22A-33.

a. Pending final resolution of the State Department of Education hearing:

1. The State Superintendent of Education may take no further action regarding the suitability determination.

2. The suitability determination regarding the public current employee under review is stayed.

3. The requesting local employing board is prohibited from taking any adverse action against the public current employee under review that pertains to the pending hearing of the State Department of Education.

b. Upon final resolution of the State Department of Education hearing, the results of any hearing, and any accompanying findings or order, shall be sent to both the public current employee under review and the requesting local employing board.

c. Any personnel action taken against a public current employee under review shall be in accordance with all applicable state and federal laws as well as any adopted applicable local policies or procedures.

(g) The Department of Public Safety shall forward state criminal history background information reports for nonpublic applicants for employment, nonpublic current employees, and nonpublic current employees under review to the State Superintendent of Education.

(h) Upon receipt of the criminal history background information report from the Federal Bureau of Investigation, the State Superintendent of Education shall review the information in the report pursuant to subsection (e) of Section 16-22A-5, and determine whether the nonpublic applicant for employment, nonpublic current employee, or nonpublic current employee under review satisfies the suitability criteria for nonpublic employment. The State Superintendent of Education shall issue a suitability determination to the chief executive officer of the nonpublic school requesting the determination.
Ala. Code § 16-20-8 — Alabama Code / Title 16 / Chapter 20 / Section 16-20-8
Section 16-20-8 Sale of Land Deeded to State for School Purposes - When Authorized; Deeds
Status: in_force

Whenever the county board of education of any county shall certify to the State Superintendent of Education that it is to the benefit of the public school interest of such county, or a public school district thereof, for any lands situated in such county or district which have been conveyed to the State of Alabama for school purposes to be sold, particularly describing the same, the Superintendent of Education, upon receipt of such certificate, with approval of the Governor, shall negotiate the sale of such land, either at public or private sale. A deed to the purchaser of such land shall be executed and shall be issued as provided by law.
Ala. Code § 16-26E-5 — Alabama Code / Title 16 / Chapter 26E / Section 16-26E-5
Section 16-26E-5 Board of Trustees - Functions
Status: in_force

(a) The board of trustees may perform the following functions:

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

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

(3) Lease land or other property belonging to the board of trustees or to the school.

(4) Sell or exchange land or other real property not needed for school purposes, but only when specifically authorized by law and then only in accordance with the procedures provided for the sale of unused school lands. The sale shall be authorized by resolution adopted by the board of trustees and the act of sale shall be signed by the president of the board of trustees or such other person to whom the signing may be delegated by the board of trustees in the authorizing resolution.

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

(6) Award certificates and issue diplomas for successful completion of programs of study. All certificates and diplomas shall be in addition to a regular high school diploma, which shall be issued by the state board in accordance with state law to any student who successfully completes the program of study adopted by the board of trustees.

(7) Enter into contracts and agreements that have been recommended by the president of the school, in accordance with applicable law, and to the extent that funds are specifically appropriated therefor, with other public agencies with respect to cooperative enterprises and undertakings related to or associated with an educational purpose or program affecting education in the school. This shall not preclude the board of trustees from entering into other contracts and agreements that the board of trustees may deem necessary to carry out the duties and functions of the board of trustees.

(8) Perform other functions as are necessary to the supervision and control of those phases of education under the board of trustees.

(b) The board of trustees shall delegate to the president of the school those powers and duties the board of trustees deems appropriate to aid the president of the school in the efficient administration of his or her responsibility for the implementation of the policies of the board of trustees.

(c) In addition to the authorities granted in this chapter and any powers, duties, and responsibilities vested by any other applicable laws, the board of trustees shall perform all of the following duties:

(1) Adopt rules, regulations, and policies necessary for the efficient operation of the school.

(2) Establish criteria to be used in determining eligibility of applicants for enrollment.

(3) Approve subjects and extracurricular activities to be offered. Subjects shall initially be subject to approval by the state board, and thereafter, changes in the subjects shall be subject to approval by the state board.

(4) Select a president of the school who shall be the chief executive officer of the school and who shall administer the rules, regulations, and policies adopted by the board of trustees pursuant to this chapter. The president of the school shall also be the chief administrative officer of the board of trustees and shall be responsible for all the administrative functions, duties, and needs of the board of trustees. Until the board of trustees selects a president of the school, the superintendent shall serve as the chief administrative officer of the board of trustees and shall be responsible for the duties of the president of the school as they relate to the board of trustees. The superintendent shall relinquish administrative duties of the board of trustees to the president of the school when the president of the school officially assumes his or her duties with the board of trustees.

(5) Oversee the staffing plan development and implementation necessary for the efficient operation of the school.

(6) Prepare and adopt an annual budget necessary for the continued operation of the school.

(7) Pay the expenses, per diem, and travel expenses of the board of trustees and its members, which shall be the same as allowed state employees when the board members are traveling on board business. The board shall also pay the salaries and expenses including, but not limited to, facilities, equipment, and supplies of the administration, faculty, and staff of the school out of funds appropriated or otherwise made available for the operating and administrative expenses of the board of trustees and the school.

(8) Exercise budgetary responsibility and allocate for expenditure by the school and programs under its jurisdiction all monies appropriated or otherwise made available for purposes of the board of trustees and of the school and programs.

(9) Oversee selection and use of free textbooks and other materials of instruction for students enrolled in the school and programs under its jurisdiction for which the Legislature provides funds. Wherever practical, the school shall select, and the board of trustees shall approve, the same textbooks and other materials of instruction as are adopted by the state board.

(10) Prepare and adopt or approve programs of study and rules, bylaws, and regulations for the discipline of students and for the government of the school and programs under its jurisdiction, which may not be inconsistent with the law, and which shall be enforced by the administration, staff, and faculty of the school. Programs of study shall initially be subject to approval by the state board, and thereafter, any changes in programs of study shall be subject to approval by the state board.

(11) Any provision of law to the contrary notwithstanding, prescribe the qualifications of educators at the school. Any educator employed at the school who does not hold a certification shall hold an advanced degree or be acknowledged by the board of trustees as an expert in his or her field of instruction.

(12) Develop and adopt a formula or system under which students shall be admitted. The formula or system shall ensure that at least one qualified applicant for admission from within the geographical boundaries of each state senate district is eligible for admission to the school each year. If no qualified applicant from a state senate district applies for admission, then the slots available to that senate district shall be lost to that senate district for that school year and shall be reallocated by the board of trustees to provide for the admission of qualified applicants from other senate districts. Any provision of this subdivision to the contrary notwithstanding, the board of trustees shall admit additional students, utilizing admission criteria provided by the adopted formula or system and as resources and facilities allow, by also considering the enrollment size of the city or county public school systems in the state senate district of the student applicant.

(13) Work with the department to assist teachers, administrators, and local superintendents across the state to extend elements of the school’s curriculum and other offerings to schools and programs across the state. Assistance shall include, but not be limited to, workshops, career conversations, and fostering communities of practice in the areas of healthcare sciences.

(14) Adopt rules and regulations to provide for the evaluation of any applicant who has not been evaluated but who satisfies all other criteria for participation in the program.

(d) A majority of members of the board of trustees shall constitute a quorum for the transaction of business, and all official action of the board of trustees shall require the favorable vote of a majority of those members present and voting. Members may participate by means of telephone conference, video conference, or by similar communications equipment so that all individuals participating in the meeting may hear each other at the same time. Participation by these means shall constitute presence in person at a meeting for all purposes, including the establishment of a quorum.

(e) Members of the board of trustees shall be compensated for all actual vouchered expenses incurred in the performance of their duties and functions as required by this chapter. Expenses shall be paid by the president of the school from funds appropriated by the Legislature and upon the warrant of the board of trustees.

(f) The board of trustees shall serve as the local educational agency for the school.
Ala. Code § 16-33D-2 — Alabama Code / Title 16 / Chapter 33D / Section 16-33D-2
Section 16-33D-2 Purpose
Status: in_force

The purpose of the ReEngage Alabama Grant Program is to do all of the following:

(1) Increase the number of Alabama adults with college degrees.

(2) Encourage adults who have earned some college credit hours to return to college, enroll, and complete a college degree program that is connected with workforce development needs and aligned with Alabama’s high demand occupations list.

(3) Provide financial assistance to adult learners of the state for postsecondary education in the state.
Ala. Code § 16-36-12 — Alabama Code / Title 16 / Chapter 36 / Section 16-36-12
Section 16-36-12 Deposit Required with Bid; Opening of Bids
Status: reserved

Repealed by Act 98-320, §13 effective July 1, 1998.
Ala. Code § 16-21-34 — Alabama Code / Title 16 / Chapter 21 / Section 16-21-34
Section 16-21-34 Adoption of Rules; Membership of Council
Status: in_force

(a) The council may adopt rules to govern its proceedings according to the Administrative Procedure Act.

(b) The council membership shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of this state.
Ala. Code § 16-10-2 — Alabama Code / Title 16 / Chapter 10 / Section 16-10-2
Section 16-10-2 Meetings; Chairman
Status: in_force

The board of school trustees shall hold an annual meeting each year on the first Saturday in May, or as soon thereafter as practicable. At this meeting the board shall appoint one of its members as chairman and shall give notice of such appointment to the county board of education. Other regular meetings shall be held at least twice during the scholastic year, and such special meetings shall be held as the duties and business of the board shall require.
Ala. Code § 16-62-5 — Alabama Code / Title 16 / Chapter 62 / Section 16-62-5
Section 16-62-5 Functions and Duties of Repository
Status: in_force

The repository shall serve the state and West Alabama by collecting and preserving source materials on the contributions, achievements and general experiences of Afro-Americans, and shall endeavor to reproduce and secure copies of all materials on or about black Americans from the earliest beginnings to the present. It shall provide bibliographic and copy services, whenever practical, to state agencies, the university system, state officials, researchers and scholars of Afro-American history and culture, and encourage the use of Afro-American instructional materials in state educational services to all groups without regard to racial, religious, or ethnic membership.
Ala. Code § 16-13-104 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-104
Section 16-13-104 Exemption from Taxation
Status: in_force

All warrants and interest coupons attached to the same issued hereunder shall be exempt from state, county and municipal taxation.
Ala. Code § 16-11-14 — Alabama Code / Title 16 / Chapter 11 / Section 16-11-14
Section 16-11-14 School Buses - Purchase
Status: in_force

Whenever, in the opinion of a city board of education, it is necessary in the proper conduct of educational activities to operate a school bus or buses, such board is hereby authorized to purchase such bus or buses.
Ala. Code § 16-18B-17 — Alabama Code / Title 16 / Chapter 18B / Section 16-18B-17
Section 16-18B-17 Dissolution of Corporation
Status: in_force

At any time when no bonds of the corporation are outstanding the corporation may be dissolved upon the filing with the Secretary of State of an application for dissolution, which shall be subscribed by each of the members of the corporation and which shall be sworn to by each such member before an officer authorized to take acknowledgments to deeds. Upon the filing of said application for dissolution, the corporation shall cease and any property owned by it at the time of its dissolution shall pass to the State of Alabama. The Secretary of State shall file and record the application for dissolution in an appropriate book of record in his office, and shall make and issue, under the Great Seal of the State, a certificate that the corporation is dissolved, and shall record the certificate with the application for dissolution.
Ala. Code § 16-13A-5 — Alabama Code / Title 16 / Chapter 13A / Section 16-13A-5
Section 16-13A-5 Supervision, Fiduciary Responsibility of Chief School Financial Officer; Duties
Status: in_force

(a) The chief school financial officer shall work under the direct supervision of the local superintendent of education but shall have a fiduciary responsibility to the local board of education.

(b) The chief school financial officer shall perform each of the following duties:

(1) Verify the receipt of all funds to which the local board of education may be entitled by law or which may come into its possession for public school purposes.

(2) Verify the payment of such funds, such payments to occur only on written order of the local superintendent of education.

(3) Keep an accurate record of all receipts and expenditures, and provide such information to the local superintendent and the local board.

(4) Make reports as may be required by law, by the local board of education, or by rules and regulations of the State Board of Education.

(5) Personally notify, in writing, each board member and the local superintendent of education of any financial transaction of the local board of education which the chief school financial officer deems to be non-routine, unusual, without legal authorization, or not in compliance with the fiscal management policies of the board. The notification shall be recorded in the minutes of the board by the president of the local board of education.

(6) Be bonded in an amount determined by the State Board of Education.
Ala. Code § 16-5-3 — Alabama Code / Title 16 / Chapter 5 / Section 16-5-3
Section 16-5-3 Terms of Office; Reconfirmation of Current Members; Appointment of New Members; Vacancies; Reappointment
Status: in_force

(a) Members of the commission shall be selected for nine-year terms expiring on August 31 of the respective year. The current nine members are subject to reconfirmation by the Senate and shall continue to the expiration of their respective terms subsequent to such reconfirmation, but shall continue to serve as appointed until such reconfirmation. In the event that the Senate shall fail to reconfirm a current member, the Governor shall with the advice and consent of the Senate appoint a replacement for the unexpired term. Of the three new appointees, one shall be appointed by the Governor for a term of three years, one shall be appointed by the Lieutenant Governor for a term of six years and one by the Speaker of the House of Representatives for a term of nine years.

(b) The members of the commission shall continue to serve after the expiration of their terms until their successors have been appointed. In the event that the number of congressional districts shall change, incumbents on the commission shall complete their terms as members of the commission. If the number of congressional districts shall change, the membership will remain at 12 with the number of at-large memberships being adjusted, if necessary, so that each congressional district is represented. If the Senate is not in session or is in recess when the term of a member expires, the initial appointing authority shall make a temporary appointment of a succeeding member who shall serve subject to subsequent Senate approval of the appointment.

(c) Vacancies and new appointments on the commission shall be filled by appointment of the ex officio officer responsible for the initial appointment. If the Senate is not in session or is in recess when the appointment is made, the appointee shall serve subject to subsequent approval of the appointment.

(d) Any person who serves for five or more years as a member of the commission shall not be eligible for reappointment to succeed himself or herself until the next vacancy occurs after his or her successor is named.
Ala. Code § 16-24B-7 — Alabama Code / Title 16 / Chapter 24B / Section 16-24B-7
Section 16-24B-7 Teacher Transfers
Status: reserved

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
Ala. Code § 16-1-20.2 — Alabama Code / Title 16 / Chapter 1 / Section 16-1-20.2
Section 16-1-20.2 School Prayer
Status: in_force

From henceforth, any teacher or professor in any public educational institution within the State of Alabama, recognizing that the Lord God is one, at the beginning of any homeroom or any class, may pray, may lead willing students in prayer, or may lead the willing students in the following prayer to God:

Almighty God, You alone are our God. We acknowledge You as the Creator and Supreme Judge of the world. May Your justice, Your truth, and Your peace abound this day in the hearts of our countrymen, in the counsels of our government, in the sanctity of our homes and in the classrooms of our schools in the name of our Lord. Amen.