Ala. Code § 16-25A-14 — Alabama Code / Title 16 / Chapter 25A / Section 16-25A-14
Section 16-25A-14 Companies Presently Providing Supplemental Coverage to Have Access to Payroll Deduction
Status: in_force

All insurance companies presently providing hospital indemnity coverage, cancer insurance and dental coverage as supplemental coverage for the employees of any board of education, institution, or other employer as defined in Section 16-25A-1 at July 14, 1983, shall have access to payroll deduction.
Ala. Code § 16-6H-12 — Alabama Code / Title 16 / Chapter 6H / Section 16-6H-12
Section 16-6H-12 State Academic Intervention Framework; Support and Intervention; School Improvement Teams; School Turnaround Options; Progress Reports
Status: in_force

(a) Beginning January 1, 2024, the department, through the Office of School Improvement, the Office of Mathematics Improvement, any other sections within the department, and regional and national experts in school turnaround, shall develop a State Academic Intervention framework that shall define a coherent, sustained, evidence-based system of intensive school turnaround assistance and support with the goal of improving student achievement in schools persistently in full support status in mathematics, reading, or both. This shall include clear metrics for entering and exiting state academic intervention. The Elementary Math Task Force and Literacy Task Force shall review and provide feedback on the proposed State Academic Intervention framework. The State Board of Education shall grant the final approval.

(b) Beginning August 1, 2026, any full support school, as defined in this chapter or the Alabama Literacy Act, that has not attained specified levels of academic progress in mathematics, reading, or both, as established in the State Academic Intervention framework, shall enter into state academic intervention.

(c) A full support school shall have three years of support before qualifying for state academic intervention.

(d) The Director of the Office of Mathematics Improvement and the Office of School Improvement shall develop a policy of state academic intervention for any school identified, for a minimum of three non-consecutive years, as a full support school for mathematics, reading, or both.

(e) The department, through the Office of School Improvement, the Office of Mathematics Improvement, and any other sections within the department shall work in coordination with each local education agency to identify a school improvement team for each full support school that qualifies for state academic intervention, as provided in subsection (b).

(f) The department, through the Office of School Improvement, the Office of Mathematics Improvement, and any other sections within the department shall clearly define the powers and duties of each school improvement team.

(g) A school improvement team shall do all of the following:

(1) Conduct a comprehensive on-site evaluation to determine any causes for low student performance and lack of progress of the school. The evaluation shall include, but not be limited to, consultations with the local superintendent of education, the local board of education, the school principal, parents, other school personnel, and any other individual who possesses pertinent information and knowledge about the school.

(2) Assist in the development of an intensive school turnaround plan focused on student achievement, which may include areas beyond mathematics or reading, to facilitate the imperative of overall school improvement. An intensive school turnaround plan shall include, but not be limited to, all of the following: Recommendations relating to the reallocation of resources and technical assistance, including from external partners; changes in school procedures or operations; professional learning focused on continuous improvement and student achievement for instructional and administrative staff; intervention for individual administrators or teachers; instructional strategies based on evidence based research; waivers from state laws or rules; adoption of policies and practices to ensure all groups of students satisfy the proficiency level established by the state; extended instructional time for low-performing students; strategies for family engagement; incorporation of a teacher mentoring program; and other actions considered appropriate by the school improvement team.

(3) Subject to final approval of the intensive school turnaround plan by the State Superintendent of Education, present the intensive school turnaround plan to the local board of education and the public.

(4) Monitor the progress of the school in implementing the intensive school turnaround plan using formative and summative assessment data.

(h) If a school does not satisfy specified levels of progress, as defined by the Office of School Improvement, after implementing an intensive school turnaround plan for four full academic years, the local board of education shall implement one of the following school turnaround options:

(1) Mandate the complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring new staff. Existing staff may apply for employment at the newly reconstituted school and shall be on paid administrative leave status until the staff for the reconstituted school has been employed by the new principal and approved by the local board of education. Placement on paid administrative leave status under this subdivision does not constitute a reportable action under state law.

(2) Contract with an external receiver approved by the State Superintendent of Education. An external receiver may be a two-year or four-year public institution of higher education, a nonprofit entity, a charter management organization, or an individual with a demonstrated record of success in improving low-performing schools. The external receiver shall have full managerial and operational control over the school. An external receiver shall report directly to the local superintendent of education. At the request of the external receiver, the State Superintendent of Education may overturn any decision made by the local superintendent of education.

(3) Pursue application for public charter school status pursuant to Chapter 6F.

(i) Nothing in this section shall prohibit the State Superintendent of Education, through the Office of Mathematics Improvement, the Office of School Improvement, or any other section within the department from engaging in strategic planning and making recommendations to the local superintendent of education or local board of education regarding the operation of low-performing schools including, but not limited to, structural, governance model, grade configuration, curriculum and instructional materials, and personnel.

(j) For any school under state academic intervention, on or before December 31, annually, the Office of School Improvement, the Office of Mathematics Improvement, and other relevant offices within the department shall report to the Governor, the Lieutenant Governor, the State Board of Education, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Chair of the House Ways and Means Education Committee, the Chair of the Senate Finance and Taxation Education Committee, the Chair of the House Education Policy Committee, the Chair of the Senate Education Policy Committee, the Minority Leader of the House of Representatives, and the Minority Leader of the Senate on the progress of each full support school under state academic intervention.
Ala. Code § 16-26A-1 — Alabama Code / Title 16 / Chapter 26A / Section 16-26A-1
Section 16-26A-1 Legislative Intent
Status: in_force

It is the intent of the Legislature to establish an independent, residential school for certain high school students with the express purpose of providing a more challenging educational experience for the gifted and talented children of this state and of developing such children to their full potential.
Ala. Code § 16-28-43 — Alabama Code / Title 16 / Chapter 28 / Section 16-28-43
Section 16-28-43 Article Not to Deny Rights of Exceptional Children
Status: in_force

No provision of this article shall be construed to deny any right to any child granted pursuant to Sections 16-39-1 to 16-39-12.
Ala. Code § 16-16-14 — Alabama Code / Title 16 / Chapter 16 / Section 16-16-14
Section 16-16-14 Use of Bond Proceeds for Loans to Local Boards of Education
Status: in_force

The proceeds derived from the sale of any bonds issued pursuant to subsection (b) of Section 3 of Act 98-373 shall be deposited in the State Treasury and shall be carried in a separate fund therein for the account of the authority, which shall pay therefrom the expenses of issuance thereof. The proceeds from the sale of the bonds remaining after payment of the expenses of issuance thereof shall be retained in such fund and, until they are paid out, shall be invested by the State Treasurer at the direction of the authority in permitted investments which mature at such time or times as the authority shall direct. Monies in the fund (whether original proceeds from the sale of the bonds or principal proceeds of matured permitted investments) shall be available for loan by the authority. The authority is hereby authorized to loan, and each local board of education is hereby authorized to borrow, such monies under terms and procedures to be established by the authority. Each such loan shall be evidenced by a warrant or warrants issued by the local board of education and may include such terms and provisions as are consistent with Act 98-373 and subsequent acts of the Alabama Legislature, and otherwise as shall be agreed by the authority and the local board of education. The issuance of any warrant or warrants hereunder and the terms thereof shall be subject to the prior approval of the State Superintendent of Education. Warrants issued to the authority by any local board of education hereunder shall be sold to the authority at a price determined by the authority and shall bear interest at such rate or rates and shall have such maturity or maturities as shall be agreed by the authority and local board of education and approved by the State Superintendent of Education as aforesaid. No such warrant shall be a general obligation of the local board of education but shall be payable solely from any and all local funds or from distributions of capital funds made to such local board of education from the public school fund pursuant to Section 16-13-234. Notwithstanding any existing statute or provision of law to the contrary, any local board of education is hereby empowered to pledge to the authority as security for such warrants, and to pay over to the authority to the extent of its payment obligations thereunder, any and all local funds or monies derived from distributions of capital funds from the public school fund, as to which such local board of education shall thereafter be entitled for the fiscal year in which such payment shall be due. Amounts derived by local boards of education from the issuance of such warrants as aforesaid shall be used to acquire capital improvements approved by the authority and by the State Superintendent of Education. The State Treasurer, the Comptroller, and the State Superintendent of Education are hereby authorized and directed to take such actions as shall be necessary to facilitate the terms of any loan agreement between a board of education and the authority respecting the direct payment from time to time to the authority of funds due such board from the state, including funds from the public school fund, to the extent necessary to fund such board’s obligations evidenced by its warrant or warrants issued to the authority pursuant hereto.
Ala. Code § 16-60-90 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-90
Section 16-60-90 Authorization to Issue Bonds
Status: in_force

The authority may from time to time sell and issue its bonds, not exceeding $15,000,000.00 in aggregate principal amount, for the purpose of providing funds for the construction and equipment of trade schools and junior colleges, including the improvement of sites therefor, the construction of buildings and the reconstruction, improvement and alteration of existing buildings therefor and the acquisition, purchase and installation of original equipment therefor. No part of the proceeds from the sale of the bonds may be used to pay the cost of the acquisition, by purchase or otherwise, of real estate to be used as a site for any such school or college or any building connected therewith or the acquisition, by purchase or otherwise, of any existing building.
Ala. Code § 16-6A-14 — Alabama Code / Title 16 / Chapter 6A / Section 16-6A-14
Section 16-6A-14 Scholarship Loans for Teacher Education Programs in Critical Needs Areas - Rules and Regulations
Status: in_force

The Alabama Commission on Higher Education shall have the authority to make reasonable rules and regulations for implementing and carrying out the provisions of this chapter relating to the scholarship loan program.
Ala. Code § 16-47-78 — Alabama Code / Title 16 / Chapter 47 / Section 16-47-78
Section 16-47-78 Award Types; Operation of Awards
Status: in_force

(a) The board shall establish two types of awards as follows:

(1) A number of loans or nonrefundable scholarships for the Alabama Rural Dental Health Scholars Program established pursuant to Section 16-47-76 and operated by the College of Community Health Sciences at the University of Alabama and supported by the University of Alabama School of Dentistry.

(2) The board shall operate the Alabama Dental Service Program, under which loans may be awarded by the board to applicants of good character who are enrolled in the University of Alabama School of Dentistry or any other educational institution accredited by the Commission on Dental Accreditation of the American Dental Association or have recently completed a dental education or residency program. Loans awarded under the program shall be based in part on the economic need and scholastic ability of each applicant. For applicants it approves to participate in the program, the board may award each participant a loan worth up to the four-year cost of attendance based on in-state tuition and required fees at the University of Alabama School of Dentistry.

(b) The board may continue to make scholarship and loan awards in the same amount and under the same terms to any recipient who received a scholarship or loan from the board prior to July 1, 2022.
Ala. Code § 16-12-11 — Alabama Code / Title 16 / Chapter 12 / Section 16-12-11
Section 16-12-11 Visitation of City Schools by Superintendent
Status: in_force

The city superintendent of schools shall visit the schools, observe the management and instruction and give suggestions for the improvement of the same. He shall advise with principals and teachers and shall endeavor in every way to promote public interest and improve educational conditions.
Ala. Code § 16-1-1 — Alabama Code / Title 16 / Chapter 1 / Section 16-1-1
Section 16-1-1 Definitions
Status: in_force

For purposes of this title, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(1) SCHOLASTIC DAY. Shall not be less than six hours of actual teaching, exclusive of all recesses or intermission periods unless otherwise ordered by the county or city board of education. County and city boards of education and the Alabama Institute for Deaf and Blind shall be required to provide each teacher employed a minimum of 30 minutes of time free of instructional or supervisory responsibilities each teaching day. This provision shall not be interpreted to deprive any teacher of benefits exceeding the minimum requirements of this act.

(2) SCHOLASTIC WEEK. Shall consist of five school days each week.

(3) SCHOLASTIC MONTH. Shall constitute 20 school days.

(4) SCHOLASTIC YEAR. Shall begin with the first day of July and end with the thirtieth day of June each year.

(5) FISCAL YEAR. From October first to September thirtieth, inclusive.
Ala. Code § 16-23A-1 — Alabama Code / Title 16 / Chapter 23A / Section 16-23A-1
Section 16-23A-1 Enactment; Contents
Status: in_force

The Interstate Agreement on Qualifications of Educational Personnel is hereby enacted into law and entered into with all jurisdiction legally joining therein, in the form substantially as follows:

1. The states party to this agreement, desiring by common action to improve their respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of cooperation with one another, to take advantage of the preparation and experience of such persons wherever gained, thereby serving the best interests of society, of education, and of the teaching profession. It is the purpose of this agreement to provide for the development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the states party to it, and to authorize specific interstate educational personnel contracts to achieve that end.

2. The party states find that included in the large movement of population among all sections of the nation are many qualified educational personnel who move for family and other personal reasons but who are hindered in using their professional skill and experience in their new locations. Variations from state to state in requirements for qualifying educational personnel discourage such personnel from taking the steps necessary to qualify in other states. As a consequence, a significant number of professionally prepared and experienced educators is lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their states of origin, can increase the available educational resources. Participation in this compact can increase the availability of educational manpower.

As used in this agreement and contracts made pursuant to it, unless the context clearly requires otherwise:

1. “Educational personnel” means persons who must meet requirements pursuant to state law as a condition of employment in educational programs.

2. “Designated state official” means the education official of a state selected by that state to negotiate and enter into, on behalf of his state, contracts pursuant to this agreement.

3. “Accept,” or any variant thereof, means to recognize and give effect to one or more determinations of another state relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving state.

4. “State” means a state, territory, or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico.

5. “Originating state” means a state (and the subdivision thereof, if any) whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to Article III.

6. “Receiving state” means a state (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to Article III.

1. The designated state official of a party state may make one or more contracts on behalf of his state with one or more other party states providing for the acceptance of educational personnel. Any such contract for the period of its duration shall be applicable to and binding on the states whose designated state officials enter into it, and the subdivisions of those states, with the same force and effect as if incorporated in this agreement. A designated state official may enter into a contract pursuant to this article only with states in which he finds that there are programs of education, certification standards or other acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable, even though not identical to that prevailing in his own state.

2. Any such contract shall provide for:

(a) Its duration.

(b) The criteria to be applied by an originating state in qualifying educational personnel for acceptance by a receiving state.

(c) Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards.

(d) Any other necessary matters.

3. No contract made pursuant to this agreement shall be for a term longer than five years but any such contract may be renewed for like or lesser periods.

4. Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating state approval of the program or programs involved can have occurred. No contract made pursuant to this agreement shall require acceptance by a receiving state of any persons qualified because of successful completion of a program prior to January 1, 1954.

5. The certification or other acceptance of a person who has been accepted pursuant to the terms of a contract shall not be revoked or otherwise impaired because the contract has expired or been terminated. However, any certificate or other qualifying document may be revoked or suspended on any ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially granted or approved in the receiving state.

6. A contract committee composed of the designated state officials of the contracting states or their representatives shall keep the contract under continuous review, study means of improving its administration, and report no less frequently than once a year to the heads of the appropriate education agencies of the contracting states.

1. Nothing in this agreement shall be construed to repeal or otherwise modify any law or regulation of a party state relating to the approval of programs of educational preparation having effect solely on the qualification of educational personnel within that state.

2. To the extent that contracts made pursuant to this agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of a program of educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract.

The party states agree that:

1. They will, so far as practicable, prefer the making of multilateral contracts pursuant to Article III of this agreement.

2. They will facilitate and strengthen cooperation in interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in certification and other elements of educational personnel qualification.

The designated state officials of any party states may meet from time to time as a group to evaluate progress under the agreement, and to formulate recommendations for changes.

Nothing in this agreement shall be construed to prevent or inhibit other arrangements or practices of any party state or states to facilitate the interchange of educational personnel.

1. This agreement shall become effective when enacted into law by two states. Thereafter it shall become effective as to any state upon its enactment of this agreement.

2. Any party state may withdraw from this agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states.

3. No withdrawal shall relieve the withdrawing state of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their terms.

This agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement if declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state participating therein, the agreement shall remain in full force and effect as to the state affected as to all severable matters.
Ala. Code § 16-16B-2 — Alabama Code / Title 16 / Chapter 16B / Section 16-16B-2
Section 16-16B-2 Definitions
Status: in_force

(a) Wherever used in this chapter, the following terms shall have the following meanings unless the context clearly indicates otherwise:

(1) “1965 Act” means Act No. 243 enacted at the 1965 First Special Session of the Legislature, codified as Title 16, Chapter 16.

(2) “1971 Acts” means Act No. 94 enacted at the 1971 First Special Session of the Legislature, Act No. 2428 enacted at the 1971 Regular Session of the Legislature, and Act No. 56 enacted at the 1971 Second Special Session of the Legislature.

(3) “1973 Act” means Act No. 1277 enacted at the 1973 Regular Session of the Legislature as amended by Act No. 73 enacted at the 1975 Third Special Session of the Legislature and Act No. 1223 enacted at the 1975 Regular Session of the Legislature.

(4) “1978 Act” means Act No. 138 enacted at the 1978 Second Special Session of the Legislature, as amended by Act No. 79-41 enacted at the 1979 Special Session of the Legislature and Act No. 81-827 enacted at the 1981 Regular Session of the Legislature.

(5) “1985 Act” means Act No. 85-943 enacted at the 1985 Second Special Session of the Legislature.

(6) “1990 Act” means Act No. 90-280 enacted at the 1990 Regular Session of the Legislature.

(7) “1995 Act” means Act No. 95-752 enacted at the 1995 Regular Session of the Legislature.

(8) “1998 Act” means Act No. 98-373 enacted at the 1998 Regular Session of the Legislature.

(9) “1999 Act” means Act No. 99-348 enacted at the 1999 Regular Session of the Legislature.

(10) “2001 Act” means Act No. 2001-668 enacted at the 2001 Regular Session of the Legislature.

(11) “2002 Act” means Act No. 2002-240 enacted at the 2002 Regular Session of the Legislature.

(12) “2003 Act” means Act No. 2003-436 enacted at the 2003 Second Special Session of the Legislature.

(13) “2007 Act” means Act No. 2007-414 enacted at the 2007 Regular Session of the Legislature.

(14) “Authority” means Alabama Public School and College Authority.

(15) “Bonds” (except where that word is used with reference to bonds issued under another act) means those bonds, other than Refunding Bonds, issued under the provisions of this chapter.

(16) “Computer equipment and software” means tablets, mobile computers, or similar wireless electronic devices for storing, reading, accessing, exploring, and interacting with digital textbooks and other instructional material as well as software necessary for such equipment, learning management system, and equipment necessary to support wireless local area networks.

(17) “Digital textbooks” means an interactive, multimedia electronic book or digital resources that can be used creatively by learners.

(18) “Government securities” means 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).

(19) “Infrastructure” means the hardware and software resources that enable network connectivity, communication, operations, and management.

(20) “Legislature” means the Legislature of Alabama.

(21) “State” means the State of Alabama.

(22) “Trust fund” means the Education Trust Fund, formerly designated as the Alabama Special Educational Trust Fund, the name of which was changed to the Education Trust Fund, effective October 1, 1996, pursuant to Act No. 95-264 enacted at the 1995 Regular Session of the Legislature.

(23) “Wi-Fi” means a wireless networking technology that allows computers and other devices to communicate over a wireless signal.

(24) “WIRED” means Wireless Infrastructure Renovation for Education Plan, the approved standards-based funding model developed by the Alabama Educational Technology Association (AETA), and endorsed by the State Board of Education, which shall be the minimum requirement for all school systems.

(25) “WLAN” means a wireless local area network.

(b) Nouns and pronouns when used in this chapter shall be deemed to include both singular and plural and all applicable genders.
Ala. Code § 16-50-3 — Alabama Code / Title 16 / Chapter 50 / Section 16-50-3
Section 16-50-3 Grants or Gifts Not to Fail Because of Misnomer, Etc.; Default of Agents, Trustees, Etc
Status: in_force

No grant or gift, by will or otherwise, shall fail on account of any misnomer or informality, when the intent of the grantor or donor can be arrived at, nor shall any default, malfeasance or nonuser on the part of the trustees or other officers or agents of such corporation work a forfeiture of any of its rights, privileges, powers or franchises.
Ala. Code § 16-6-5 — Alabama Code / Title 16 / Chapter 6 / Section 16-6-5
Section 16-6-5 Cooperation of State Superintendent of Education and Other Agencies; Authority to Summon and Examine Officials and Records; Use of Facilities, Etc., of Other Agencies
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 16-5-71 — Alabama Code / Title 16 / Chapter 5 / Section 16-5-71
Section 16-5-71 Purpose
Status: in_force

This article requires the Alabama Commission on Higher Education to provide information to students to allow those students to make informed decisions about their education and professional future.
Ala. Code § 16-6E-3 — Alabama Code / Title 16 / Chapter 6E / Section 16-6E-3
Section 16-6E-3 Definitions
Status: in_force

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

(1) ACADEMIC PERFORMANCE and ACADEMIC CONDITIONS. As used in subdivision (1) of Section 16-6E-4, may include, but not be limited to, definitions of the same or similar terms and related criteria, circumstances, and conditions identified and described elsewhere in the Code of Alabama 1975. The exercise of intervention authority under this chapter is subject solely to the substantive and procedural preconditions and requirements set forth herein, the existence of any different, conflicting, or inconsistent provisions elsewhere in the Code of Alabama 1975, notwithstanding.

(2) EDUCATIONAL INTERVENTION and EDUCATIONAL OPERATIONS. All policy making, administrative, academic, operational, financial, and organizational decisions and functions that have a direct or indirect bearing on the development or provision of academic, extracurricular, and support services to students served by city and county boards of education.

(3) PRIORITY SCHOOL. A school that has a majority of its students scoring one or more grade levels below the prescribed state-adopted student assessments or that is designated as a priority school by the State Superintendent of Education.
Ala. Code § 16-33-9 — Alabama Code / Title 16 / Chapter 33 / Section 16-33-9
Section 16-33-9 Standards of Institutions Not Lowered; Applicants to Meet Scholastic and Other Entrance Requirements
Status: in_force

Nothing in this chapter shall be construed as lowering the standards or requirements, or as making any exceptions thereto for entrance into any of the state schools or institutions affected by this chapter. All applicants, in order to obtain the educational benefits of this chapter, must first meet all scholastic and other requirements for entrance into any of the schools or institutions coming within the purview of this chapter.
Ala. Code § 16-23-24 — Alabama Code / Title 16 / Chapter 23 / Section 16-23-24
Section 16-23-24 Teacher Education Scholarship Loan Program Established; Use; Subsequent Obligations; Funding; Rule-Making Authority; Provisions for Current Scholarship Recipients
Status: in_force

(a) Effective October 1, 1993, there is established a Teacher Education Scholarship Loan Program (hereinafter referred to as “the program”) to provide for the education of certified, employed public school teachers to be trained in the use of integrating technology skills in the curriculum. First priority shall be given to those certified public school teachers in the fields of English, science, mathematics, and social science and history and those who teach pupils in kindergarten to grade six, inclusive. Twenty-five percent of the funds available through this program shall be targeted for minority teachers. When moneys are available for scholarship loans for teachers above and beyond the first priority group, the State Board of Education shall designate other critical needs areas for scholarship loans.

(b) A scholarship loan received by a teacher under the program may be used to pursue a master’s degree in a designated field with a concentration of not less than three three-semester-hour courses, or the equivalent, in the new technologies. Any teacher qualifying for a scholarship loan may receive a scholarship loan for courses for credit or for non-credit.

(c) Any scholarship loan recipient who receives credit for the additional education shall teach in the public schools for at least three years after completing the master’s degree. Any recipient who has obtained a master’s degree prior to receiving a loan under this section, shall not be obligated to teach the three years. Any recipient who fails to complete the courses for which the scholarship loan is received shall repay the Alabama Commission on Higher Education the amount of the loan with interest from the date the scholarship loan is received at the prevailing rate charged recipients of non-need-based federal guaranteed student loans. Repayment in full shall be completed within 10 years.

(d) There is created the Teacher Education Scholarship Loan Trust Fund. The fund shall be a non-reverting fund used by the Alabama Commission on Higher Education to provide scholarship loans under this program. Annual appropriations from the Education Trust Fund shall be made to the fund. Scholarship loan repayments and interest proceeds shall be deposited in the fund.

(e) The Alabama Commission on Higher Education shall make reasonable rules and regulations for implementing this section.

(f) Any undergraduate student enrolled in a teacher education program and receiving a scholarship under Section 16-6A-11 and any student who is a recipient of an emergency secondary education scholarship under Section 16-23-18 on May 13, 1993, shall continue until completion of their program. Any funds available for the emergency secondary education scholarships shall be transferred to the Teacher Education Scholarship Loan Fund and any funds to be paid the Alabama Commission on Higher Education shall be paid to the Teacher Education Scholarship Loan Fund.
Ala. Code § 16-13-364 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-364
Section 16-13-364 Weighted Allocations for Qualifying Students
Status: in_force

(a)(1) DETERMINING THE ANNUAL COST OF THE RAISE PROGRAM. Subject to available funding for the RAISE Fund for any fiscal year of the state, the RAISE Fund weighted allocations for each qualifying student group shall be established in the annual Education Trust Fund appropriations act for that fiscal year and shall include weights for: a. Poverty; b. Special education; c. English Language Learners; d. Charter school students; e. Gifted students; and f. Other student groups as deemed necessary. (2) The amount of funds determined necessary and available to provide the weighted allocations shall be appropriated from the RAISE Fund by the Legislature in the annual Education Trust Fund appropriations act. (3) The weighted percentages established in this subsection may grow over time, as funding allows and determined necessary, but not to exceed the maximum weighted percentages established in this section. (4) The weighted allocation for each qualifying student shall be calculated by multiplying the percentage for each weighted allocation by the base funding factor. LEAs will receive weighted allocations for each qualifying student in each student group. (5) It is the intent of the Legislature that LEAs are given flexibility in spending decisions when serving the needs of the student groups that generated the funds. Flexibility shall include the ability for LEAs to combine or shift funding across student groups that generated the funds to best serve students with the greatest need, while meeting federal maintenance of effort requirements under the Individuals with Disabilities Education Act 20 U.S.C. § 1400 et seq. LEAs with conversion charter schools shall allocate to the conversion charter school operator all weighted allocations generated by the students at the conversion charter school. (b) The weighted allocations for each qualifying student shall be established as follows: (1) A student who is identified through direct certification shall generate weighted allocations for poverty up to 20 percent. (2) A student who is identified for special education services under the Individuals with Disabilities Education Act 20 U.S.C. § 1400 et seq. shall generate a weight based on any exceptionality identified in their Individual Education Plan (IEP). Three tiers shall be established in the annual Education Trust Fund appropriations act, with input from the department, based on the additional resources required to support students in each special education tier. A student shall generate a weighted allocation for each tier as follows: a. The weighted allocation for a Tier I is within a range of up to 25 percent. b. The weighted allocation for a Tier II is within a range of up to 50 percent. c. The weighted allocation for a Tier III is within a range of up to 150 percent. (3) A student who is identified as an English Language Learner (ELL) shall generate a weighted allocation of up to 15 percent. A student shall generate an additional weighted allocation for concentrated ELL within a range of up to five percent if the students’ LEA has a percentage of ELL students enrolled which is at or above the level specified in the Education Trust Fund appropriations act. (4) An LEA shall generate a gifted student weighted allocation within a range of up to five percent, with an assumption that five percent of its ADM is made up of gifted students. The LEA may use these funds for any gifted or enrichment program for students who give evidence of high achievement capability. (5) A student at a public charter school shall generate a weighted allocation within a range of up to 10 percent. This weighted allocation shall only be allocated to charter schools that are physically located in a county or city school system that receives local funding from all revenue sources exceeding the value of 10 mills of ad valorem taxes for that county or city school system. (c) A student shall generate funding for each weight for which that student qualifies. (d) Funding allocations made pursuant to this section are based on data collected for an LEA during the immediately preceding school year and reported to the department pursuant to Section 16-13-363. (e) When making future funding decisions, priority shall be given to the special education weight in order to meet the federal maintenance of effort requirements under the Individuals with Disabilities Education Act 20 U.S.C. § 1400 et seq.

a. Poverty;

b. Special education;

c. English Language Learners;

d. Charter school students;

e. Gifted students; and

f. Other student groups as deemed necessary.

(2) The amount of funds determined necessary and available to provide the weighted allocations shall be appropriated from the RAISE Fund by the Legislature in the annual Education Trust Fund appropriations act.

(3) The weighted percentages established in this subsection may grow over time, as funding allows and determined necessary, but not to exceed the maximum weighted percentages established in this section.

(4) The weighted allocation for each qualifying student shall be calculated by multiplying the percentage for each weighted allocation by the base funding factor. LEAs will receive weighted allocations for each qualifying student in each student group.

(5) It is the intent of the Legislature that LEAs are given flexibility in spending decisions when serving the needs of the student groups that generated the funds. Flexibility shall include the ability for LEAs to combine or shift funding across student groups that generated the funds to best serve students with the greatest need, while meeting federal maintenance of effort requirements under the Individuals with Disabilities Education Act 20 U.S.C. § 1400 et seq. LEAs with conversion charter schools shall allocate to the conversion charter school operator all weighted allocations generated by the students at the conversion charter school.

(b) The weighted allocations for each qualifying student shall be established as follows:

(1) A student who is identified through direct certification shall generate weighted allocations for poverty up to 20 percent.

(2) A student who is identified for special education services under the Individuals with Disabilities Education Act 20 U.S.C. § 1400 et seq. shall generate a weight based on any exceptionality identified in their Individual Education Plan (IEP). Three tiers shall be established in the annual Education Trust Fund appropriations act, with input from the department, based on the additional resources required to support students in each special education tier. A student shall generate a weighted allocation for each tier as follows:

a. The weighted allocation for a Tier I is within a range of up to 25 percent.

b. The weighted allocation for a Tier II is within a range of up to 50 percent.

c. The weighted allocation for a Tier III is within a range of up to 150 percent.

(3) A student who is identified as an English Language Learner (ELL) shall generate a weighted allocation of up to 15 percent. A student shall generate an additional weighted allocation for concentrated ELL within a range of up to five percent if the students’ LEA has a percentage of ELL students enrolled which is at or above the level specified in the Education Trust Fund appropriations act.

(4) An LEA shall generate a gifted student weighted allocation within a range of up to five percent, with an assumption that five percent of its ADM is made up of gifted students. The LEA may use these funds for any gifted or enrichment program for students who give evidence of high achievement capability.

(5) A student at a public charter school shall generate a weighted allocation within a range of up to 10 percent. This weighted allocation shall only be allocated to charter schools that are physically located in a county or city school system that receives local funding from all revenue sources exceeding the value of 10 mills of ad valorem taxes for that county or city school system.

(c) A student shall generate funding for each weight for which that student qualifies.

(d) Funding allocations made pursuant to this section are based on data collected for an LEA during the immediately preceding school year and reported to the department pursuant to Section 16-13-363.

(e) When making future funding decisions, priority shall be given to the special education weight in order to meet the federal maintenance of effort requirements under the Individuals with Disabilities Education Act 20 U.S.C. § 1400 et seq.
Ala. Code § 16-11-12 — Alabama Code / Title 16 / Chapter 11 / Section 16-11-12
Section 16-11-12 Acquisition, Maintenance, Etc., of Property - Generally
Status: in_force

The city board of education shall have the full and exclusive rights within the revenue appropriated for such purposes, or accruing to the use of the public schools, to purchase real estate, furniture, appropriated libraries, fuel and supplies for the use of the schools, and to sell the same, and to make expenditures for the maintenance and repairs of the school grounds, buildings and other property, to establish and build new schools, to superintend the erection thereof, to purchase sites therefor, to make additions, alterations and repairs to the building and other property erected for school uses, and to make necessary and proper notes, contracts and agreements in relation to such matters. All such contracts shall inure to the benefit of the public schools, and any action brought upon them and for the recovery and protection of money and property belonging to and used by the public schools, or for damages, shall be brought by and in the name of the city.
Ala. Code § 16-1B-3 — Alabama Code / Title 16 / Chapter 1B / Section 16-1B-3
Section 16-1B-3 Limitations on Student Possession and Use of Wireless Communication Devices
Status: in_force

(a) Beginning with the 2025-2026 school year, no student shall use or operate any wireless communication device in any public elementary or secondary school building or on the grounds thereof during the instructional day.

(b) Beginning with the 2025-2026 school year, no student may possess a wireless communication device in any public elementary or secondary school building or on the grounds thereof during the instructional day unless the wireless communication device is turned off and stored off their person in a locker, car, or similar storage location.

(c) Notwithstanding subsections (a) and (b), a student may use, operate, or possess a wireless communication device in a public elementary or secondary school building or on the grounds thereof during the instructional day in any of the following circumstances:

(1) The use, operation, or possession is pursuant to the student’s Individualized Education Program, Individualized Accommodation Plan, Section 504 Plan, or Individualized Health Plan.

(2) The use, operation, or possession is for educational or learning purposes under the supervision of local board of education personnel.

(3) The use, operation, or possession occurs during an emergency threatening the life or safety of the student or another individual.

(d) No later than July 1, 2025, each local board of education shall adopt a wireless communication device policy. The wireless communication device policy shall include consequences for violations. The local board of education shall reasonably distribute the wireless communication device policy to students, parents, faculty, staff, and the State Board of Education.
Ala. Code § 16-22-5 — Alabama Code / Title 16 / Chapter 22 / Section 16-22-5
Section 16-22-5 Authority of School Boards to Form Groups for Purpose of Obtaining Group Insurance; Payment of Insurance Premiums
Status: in_force

Each local board of education may form its employees into a group or groups or recognize existing groups for the purpose of obtaining the advantages of group life, disability, medical and dental insurance or any group insurance plans to aid its employees, as long as the employees continue to be employed by the board of education. Any local board of education may pay all or part of the premium on the policies and/or may deduct from the salaries of the employees that part of the premium which is to be paid by them and may contract with the insurer to provide the above benefits.
Ala. Code § 16-47-76 — Alabama Code / Title 16 / Chapter 47 / Section 16-47-76
Section 16-47-76 Board of Dental Scholarship and Loan Awards - Creation; Establishment of Programs; Composition of Board
Status: in_force

(a) There is created and established a board to be known as the Board of Dental Scholarship and Loan Awards, which shall establish scholarships and loans to provide for and further dental education and training, in pursuance of a dental degree, of qualified applicants for admission to the University of Alabama School of Dentistry or any other dental school accredited by the Council on Dental Education of the American Dental Association. The board shall give first priority to Alabama residents who will attend dental school in Alabama. In no event shall awards to students attending out-of-state dental schools exceed the amount of awards available to students attending the University of Alabama School of Dentistry.

(b) The board also shall establish the Alabama Dental Service Program as set out in Sections 16-47-77 through 16-47-81.

(c) The board shall also establish the Alabama Rural Dental Health Scholars Program for the purpose of awarding scholarships to high school students who are interested in the practice of dentistry in rural areas.

(d) The board shall adopt rules for the implementation and administration of the programs.

(e) The board shall be composed of all of the following members:

(1) A member of the Alabama Dental Association, appointed by the board of the Alabama Dental Association.

(2) One dentist elected from each component society of the Alabama Dental Association, whose terms of office shall be staggered, two dentists being elected for a term of one year, two dentists being elected for a term of two years, two dentists being elected for a term of three years, and two dentists being elected for a term of four years, and at the end of each term of office, successors shall be elected for a term of four years.

(3) The Director of the Office of Oral Health of the Alabama Department of Public Health.

(4) The Dean of the University of Alabama School of Dentistry or his or her designee.

(5) The Chair of the University of Alabama School of Dentistry Admissions Committee.

(f) The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state. The board shall annually report to the Legislature, by the second legislative day of each regular session, the extent to which the board has complied with the diversity requirements of this subsection.

(g) Annually, the board shall elect a chair from among its members. Fifty percent of the members of the board shall constitute a quorum for the transaction of business at meetings.

(h) Members of the board may participate in a meeting 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 means shall constitute presence in person at a meeting for all purposes, including constituting a quorum.
Ala. Code § 16-47-202 — Alabama Code / Title 16 / Chapter 47 / Section 16-47-202
Section 16-47-202 Counties or Municipalities May Contribute Land or Funds for Museum; Contributions by Others
Status: in_force

Any county and any incorporated city or town in the State of Alabama is hereby authorized and empowered to donate, convey and grant to the University of Alabama any land owned by it or which it may hereafter acquire to become a part of the University of Alabama Museum as herein provided for, and any county and incorporated city or town in the State of Alabama and any corporation, association, partnership or individual may contribute money to the University of Alabama to be used and expended in extending, improving, operating or maintaining said University of Alabama Museum.
Ala. Code § 16-60-86 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-86
Section 16-60-86 Members, Officers and Proceedings of Authority
Status: in_force

The applicants named in the application and their respective successors in office shall constitute the members of the authority. The Governor shall be the president of the authority, the State Superintendent of Education shall be the vice-president thereof, and the Director of Finance shall be the secretary thereof. The State Treasurer shall be the treasurer of the authority, shall act as custodian of the funds of the authority and shall pay the principal of and interest on the bonds of the authority out of the funds hereinafter provided for. The members of the authority shall constitute all the members of the board of directors of the authority, and any two members of the board of directors shall constitute a quorum for the transaction of business. Should any person holding any state office named in this section cease to hold office by reason of death, resignation, expiration of his term of office or for any other reason, then his successor in office shall take his place as a member and officer of the authority. No member, officer or director of the authority shall draw any salary in addition to that now authorized by law for any service he may render or for any duty he may perform in connection with the authority. All proceedings had and done by the board of directors shall be reduced to writing by the secretary of the authority, shall be signed by the members of the authority and shall be recorded in a substantially bound book, which shall be kept in the office of the Secretary of State. Copies of such proceedings, when certified by the secretary of the authority, under the seal of the authority, shall be received in all courts as prima facie evidence of the matters and things therein certified.
Ala. Code § 16-18-1 — Alabama Code / Title 16 / Chapter 18 / Section 16-18-1
Section 16-18-1 Definitions
Status: in_force

For the purposes of this chapter, the following words and phrases shall have the following respective meanings:

(1) ANCILLARY IMPROVEMENTS. Educational and related facilities of every kind including, but without limitation to, classrooms, scientific and other laboratories, libraries, auditoriums, gymnasiums, cafeterias, dining rooms, dormitories, student and faculty apartments, student union buildings, recreational and social facilities, student and faculty infirmaries and clinics and facilities for washing, laundering and cleaning clothing and fabrics of every kind, or any combination of any thereof, and shall also include equipment and furniture and fixtures used or useful in educational and related facilities of every kind. Nothing herein shall be construed as authorizing the construction of buildings for primarily commercial purposes.

(2) APPLICANT. A natural person who files a written application with the governing body of any municipality in accordance with the provisions of Section 16-18-3.

(3) AUTHORITY. Any public corporation organized pursuant to the provisions of this chapter.

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

(5) BONDS. Bonds, notes and certificates representing an obligation to pay money.

(6) CONSTRUCTION and CONSTRUCT:

a. The construction of new buildings and the expansion, remodeling and alteration of existing buildings; and

b. The equipment and furnishing of new buildings and existing buildings, whether or not expanded, remodeled or altered.

(7) COUNTY. Any county in the state.

(8) DETERMINING MUNICIPALITY. Any municipality the governing body of which shall have made findings and determinations of fact in accordance with the provisions of Section 16-18-3.

(9) DIRECTOR. A member of the board of directors of the authority.

(10) EDUCATIONAL INSTITUTIONS. Every college, university, graduate school, professional school, junior college, trade school, elementary school, secondary school, and every institution for education and training of the deaf, blind or mentally retarded, heretofore or hereafter established or acquired under statutory authorization of the Legislature of Alabama and existing as public institutions of learning supported in substantial part by state appropriations or by revenues derived from taxation.

(11) GOVERNING BODY. The council, commission or other like governing body of a municipality.

(12) INCORPORATORS. The persons forming a public corporation organized pursuant to the provisions of this chapter.

(13) MUNICIPALITY. An incorporated city or town of the state.

(14) PERSON. A natural person, a public or private corporation, a municipality, a county or an agency, department or instrumentality of the state or of a county or municipality.

(15) PROPERTY. Real and personal property, and interests therein.

(16) STATE. The State of Alabama.

(17) HEREIN, HEREBY, HEREUNDER, HEREOF. Refer to this chapter as an entirety and not solely to the particular section or portion thereof in which any such word is used.

The definitions set forth herein 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.

Whenever in this chapter any power is given to an educational institution, or whenever reference is made to any action by an educational institution, such power shall extend to and may be exercised by the board of trustees or other body having general supervisory power over the educational institution.

Whenever in this chapter any power is given to an authority to lease ancillary improvements to an educational institution or to an educational institution to lease such ancillary improvements from an authority, such power shall include the power of such authority (1) to lease such ancillary improvements to, and the power of such educational institution to sublease such ancillary improvements from, a private person, firm, corporation, or other entity; and (2) to lease such ancillary improvements to a private person, firm, corporation, or other entity without the requirement of a sublease of such ancillary improvements to an educational institution, provided that the ancillary improvements shall be designed and operated for the use and benefit of an educational institution or its faculty, staff, employees, or students. All such lease and sublease agreements with educational institutions and all such ancillary improvements shall be approved by the board of trustees or other governing body of the educational institution.
Ala. Code § 16-33C-16 — Alabama Code / Title 16 / Chapter 33C / Section 16-33C-16
Section 16-33C-16 Appropriations from the Education Trust Fund to the Pact Trust Fund
Status: in_force

(a) There is annually appropriated from the Education Trust Fund to the PACT Trust Fund the following amounts in the following fiscal years:

(1) For the fiscal year ending 2016 -- $33,952,000;

(2) For the fiscal year ending 2017 -- $63,622,000;

(3) For the fiscal year ending 2018 -- $62,783,000;

(4) For the fiscal year ending 2019 -- $61,539,000;

(5) For the fiscal year ending 2020 -- $60,738,300;

(6) For the fiscal year ending 2021 -- $31,881,600;

(7) For the fiscal year ending 2022 -- $32,181,600;

(8) For the fiscal year ending 2023 -- $33,494,400;

(9) For the fiscal year ending 2024 -- $33,728,700;

(10) For the fiscal year ending 2025 -- $38,449,500;

(11) For the fiscal year ending 2026 -- $39,201,000;

(12) For the fiscal year ending 2027 -- $32,500,000.

(b) Beginning with the fiscal year ending September 30, 2017, for budgetary purposes and annual budget calculations, fifty-five percent (55%) of the appropriations made in this section shall be considered to be a portion of the funding received by colleges and universities, and the remainder shall be considered to be the same as appropriations made for debt service.
Ala. Code § 16-28A-3 — Alabama Code / Title 16 / Chapter 28A / Section 16-28A-3
Section 16-28A-3 Board of Directors -- Composition; Compensation; Terms; Removal Actions
Status: in_force

(a)(1) Beginning with the 2024-2025 school year, the role of the assistant principal at each public K-12 school shall include assisting the principal with administration and enforcement of board policy and all applicable laws, including, but not limited to student discipline, instruction, management, safety, security, and any other duties assigned pursuant to subsection (b). For purposes of this section, the term “assistant principal” refers to any school administrator who reports directly to the principal and is charged with assisting the principal in the overall administration of a school.

(2) Each public K-12 school in this state shall have an assistant principal, provided the funding to do so is available. In the event that a public K-12 school employs more than one assistant principal, the local superintendent of education, or his or her designee, shall determine how to divide duties among the assistant principals.

(b) To fully implement this chapter, the State Board of Education shall require each local board of education to develop a written policy on student discipline and behavior and to broadly disseminate the policy following its adoption. Copies of the student discipline and behavior policy shall be given to all teachers, staff, parents, and students.
Ala. Code § 16-60-111.8 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-111.8
Section 16-60-111.8 Authority of Board and Chancellor to Take Administrative Action
Status: in_force

The board and the Chancellor shall be authorized to take all administrative action, including transfer to the board of funds appropriated to the board for administration of the Alabama Community College System, necessary to carry out the intent and purpose of this article.
Ala. Code § 16-22B-3 — Alabama Code / Title 16 / Chapter 22B / Section 16-22B-3
Section 16-22B-3 School Security Program; School Security and Fire Safety Fund
Status: in_force

(a)(1) There is established the School Security Program. The board shall adopt rules to implement and administer the program pursuant to this chapter.

(2) The board shall require that at least once every five years, the school facilities under the jurisdiction of each local board of education shall be inspected by at least one school security inspector to determine the compliance of the school facility and the local board of education with the school security criteria established pursuant to subsection (b).

(b)(1) The board shall establish criteria for school security inspections. The criteria shall be established in consultation with the department’s regional school safety coordinators and any other entities or individuals as determined by the board. The criteria shall include a rubric that school security inspectors must use to evaluate each school facility during an inspection. The rubric shall include, but not be limited to, standards for each of the following:

a. Security cameras.

b. Alarm systems.

c. Locks on exterior and interior doors.

d. Emergency escapes.

e. Fire extinguishers.

f. Intercoms and communications equipment.

g. Panic buttons.

h. Any other physical measures used to strengthen the security of school facilities, school buses, and school grounds, including, but not limited to, criteria related to intrusion detection, fencing, and windows.

(2) The board shall periodically review and update the criteria and rubric to ensure that both accurately reflect current best practices relating to school security.

(c) Inspections under this chapter shall be completed by one or more school security inspectors. The board shall adopt rules relating to the selection of school security inspectors. School security inspectors shall be neutral and nonbiased individuals with some background experience relating to school security or school facilities, as determined by the board. Each school security inspector shall be certified through a state, federal, or other industry professional course relating to physical security. Upon request, the school security inspector must provide proof of his or her certification to the department, ALEA, and the State Fire Marshal. A regional school safety coordinator may not be a school security inspector but may attend school security inspections for the purposes of reviewing the accuracy and currentness of the school security criteria and rubric.

(d)(1) Following an inspection, the school security inspector who conducted the inspection shall provide each school facility with a school security rubric rating. The school security inspector shall also provide each local board of education whose school facilities that he or she inspects with the school security rubric rating for each school facility and recommendations to improve school security.

(2) A school security rubric rating may be assigned the color green, yellow, or red. A “green” rating shall indicate the highest level of compliance with the school security criteria, a “red” rating shall indicate serious needs, and a “yellow” rating shall indicate minor needs.

(e)(1) The School Security and Fire Safety Fund is created within the State Treasury.

(2)a. The board may award grants to local boards of education to assist those local boards in complying with the school security criteria established pursuant to subsection (b).

b. The board may award grants to local boards of education to assist those local boards in complying with fire safety recommendations made by the state Fire Marshal or his or her assistants, as defined by Section 36-19-3.

(3) A local board of education that receives a grant from the fund shall ensure that the expenditure of any grant funds will be used to improve school facilities in compliance with the state building code and rules adopted by the board, including rules related to school facilities.

(4) The board shall develop an application form and adopt procedures for the administration of the fund, including for the development of application criteria. The board shall prioritize schools with the most need as demonstrated through the school security inspection rubric rating and local boards of education that have completed a facilities assessment through the department’s regional school safety training program.

(5) Any monies appropriated shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4, commencing with Section 41-4-80 of Chapter 4 of Title 41, and only in the amounts provided by the Legislature in the general appropriations act or other appropriations act.
Ala. Code § 16-27-8 — Alabama Code / Title 16 / Chapter 27 / Section 16-27-8
Section 16-27-8 School Buses - Crossing Control Arm Required
Status: in_force

(a) No new school bus registered in this state and purchased after August 1, 2000, to transport public and nonpublic school students shall be operated or used as a school bus within this state unless the bus is equipped with a crossing control arm on the front of the bus that conforms to equipment and installation standards promulgated by the State Board of Education pursuant to the Administrative Procedure Act, Chapter 22 of Title 41, commencing with Section 41-22-1.

(b) Priority in the use of any new school bus equipped with a crossing arm shall be given to the transportation of elementary school students.

(c) A crossing arm meeting the standards promulgated by the board shall be designed to swing out at least seventy inches from the front of a school bus each time the bus stops and opens its doors for school children to enter or exit the bus.
Ala. Code § 16-24-32 — Alabama Code / Title 16 / Chapter 24 / Section 16-24-32
Section 16-24-32 Meetings Generally; Quorum
Status: reserved

Repealed by Act 2004-566, p. 1330, §3, effective July 1, 2004.
Ala. Code § 16-60-210 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-210
Section 16-60-210 Location
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 16-6A-3 — Alabama Code / Title 16 / Chapter 6A / Section 16-6A-3
Section 16-6A-3 Legislative Intent
Status: in_force

The Legislature finds that a true need exists within the state for improving education. In furtherance of this goal, a “plan for excellence” and other reform reports have been submitted to the Legislature and the Governor, including therein numerous recommendations that we strongly endorse. It is the intent of the Legislature to promote and support the Governor’s recommended program for improving education. It is further the intent of the Legislature that the elements of the Governor’s program be implemented and that every effort be made to utilize appropriations provided herein and otherwise recommended for each of these areas. It shall be incumbent upon and the responsibility of each board of education, superintendent, principal and teacher to help provide the implementation of the program.
Ala. Code § 16-44C-8 — Alabama Code / Title 16 / Chapter 44C / Section 16-44C-8
Section 16-44C-8 Rulemaking
Status: in_force

(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this compact and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

(b) The commission shall adopt reasonable rules to achieve the intent and purpose of this compact. In the event the commission exercises its rulemaking authority in a manner that is beyond purpose and intent of this compact, or the powers granted hereunder, then the action by the commission shall be invalid and have no force and effect of law in the member states.

(c) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt this compact within four years of the date of adoption of the rule, then the rule shall have no further force and effect in any member state.

(d) Rules or amendments to the rules shall be adopted or ratified at a regular or special meeting of the commission in accordance with commission rules and bylaws.

(e) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 48 hours’ notice, with opportunity to comment, provided that the usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to do any of the following:

(1) Meet an imminent threat to public health, safety, or welfare.

(2) Prevent a loss of commission or member state funds.

(3) Meet a deadline for the adoption of an administrative rule that is established by federal law or rule.

(4) Protect public health and safety.
Ala. Code § 16-6-4 — Alabama Code / Title 16 / Chapter 6 / Section 16-6-4
Section 16-6-4 Reports to Legislature
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 16-47-1 — Alabama Code / Title 16 / Chapter 47 / Section 16-47-1
Section 16-47-1 Body Corporate
Status: in_force

The Governor and the State Superintendent of Education, by virtue of their respective offices, the trustees heretofore appointed from the different congressional districts of the state under the provisions of Section 264 of the constitution and such other members as may be from time to time added to the board of trustees and their successors in office are constituted a body corporate under the name of “the Board of Trustees of the University of Alabama,” to carry into effect the purposes and intent of the Congress of the United States in the grant of lands by the act of April 20, 1818, and of the act of March 2, 1819, to this state, to be by it held and administered for the benefit of a seminary of learning.
Ala. Code § 16-51-5 — Alabama Code / Title 16 / Chapter 51 / Section 16-51-5
Section 16-51-5 Board of Trustees - Quorum
Status: in_force

Six members of the board of trustees shall constitute a quorum, but a smaller number may adjourn from day to day until a quorum is present.
Ala. Code § 16-25-30 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-30
Section 16-25-30 Students in Primary or Secondary School and Persons Whose Employment Is Incidental to Status as Student at Public Institution of Higher Learning Ineligible to Participate
Status: in_force

(a) No person who is a student in a primary or secondary school shall be eligible to participate in the Teachers’ Retirement System of Alabama.

(b) No person employed on or after May 13, 1988, by an employer whose employees are covered by the Teachers’ Retirement System of Alabama and whose employment is incidental to such person’s status as a student at a public educational institution of higher learning shall be eligible to participate in the Teachers’ Retirement System of Alabama.
Ala. Code § 16-53-8 — Alabama Code / Title 16 / Chapter 53 / Section 16-53-8
Section 16-53-8 Board of Trustees - Vacancy in Office
Status: in_force

Any vacancy in the office of trustee occurring during the recess of the Legislature shall be filled by appointment of the Governor. Such appointee shall hold office until the next session of the Legislature, when the vacancy shall be filled by the Governor by and with the consent of the Senate. A trustee appointed to fill a vacancy by the Governor, by and with the consent of the Senate, shall hold office during the unexpired term.
Ala. Code § 16-36-9 — Alabama Code / Title 16 / Chapter 36 / Section 16-36-9
Section 16-36-9 Adoption of Textbooks to Be Made at Public Meeting; Notice; Minimum Number of Adoptions for Each Course
Status: reserved

Repealed by Act 98-320, §13 effective July 1, 1998.
Ala. Code § 16-7-4 — Alabama Code / Title 16 / Chapter 7 / Section 16-7-4
Section 16-7-4 Organization; Officers; Rules and Regulations; Agents
Status: in_force

Promptly after their appointment the commissioners shall meet to organize. At such meeting they shall choose from their number a president, a secretary and such other officers as they deem necessary. Thereafter officers shall be elected annually. The commission shall adopt rules regulating the conduct of its meetings and the transaction of the business of the commission, and may appoint such agents and employees as it deems necessary, or may delegate to one or more of its members, officers, agents or employees such powers and duties as it deems proper.
Ala. Code § 16-54-13 — Alabama Code / Title 16 / Chapter 54 / Section 16-54-13
Section 16-54-13 Student Assistants
Status: in_force

As far as may be practicable, students in the university may be employed in giving assistance in any department of work of the university to enable them to obtain instruction therein, but students shall be employed only in cases and to the extent that they may be able to render efficient service without injury to themselves or to the university.
Ala. Code § 16-1-11.6 — Alabama Code / Title 16 / Chapter 1 / Section 16-1-11.6
Section 16-1-11.6 Membership of Nonpublic Schools in Alabama High School Athletic Association
Status: in_force

All nonpublic schools which choose to become members of the Alabama High School Athletic Association shall be in compliance with the constitution and bylaws established by Alabama High School Athletic Association member schools.
Ala. Code § 16-60-81 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-81
Section 16-60-81 Definitions
Status: in_force

For the purpose of this article, the following words and phrases shall have the respective meanings ascribed to them by this section:

(1) AUTHORITY. The Alabama Trade School and Junior College Authority organized under the provisions of this article.

(2) BONDS. The bonds issued under the provisions of this article.

(3) BUILDING COMMISSION. The Alabama Building Commission.

(4) JUNIOR COLLEGE. An educational institution offering instruction in the arts and sciences on the level of difficulty of the first two years above high school level.

(5) ORIGINAL EQUIPMENT. The total original equipment, machinery and facilities acquired and installed or stored in a trade school or junior college for purposes of instruction, operation and maintenance.

(6) STATE. The State of Alabama.

(7) TRADE SCHOOL. An educational institution offering instruction primarily in useful trades, occupations or vocational skills.

Pronouns used in this article shall be deemed to include all appropriate genders.
Ala. Code § 16-36-18 — Alabama Code / Title 16 / Chapter 36 / Section 16-36-18
Section 16-36-18 Approval of Invoices by Local Superintendent of Education; Payment
Status: reserved

Repealed by Act 98-320, §13 effective July 1, 1998.
Ala. Code § 16-60-118 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-118
Section 16-60-118 Alternative High School Diploma Pathway
Status: in_force

(a) This section shall be known and may be cited as the Restoring Educational Advancement of Completing High School (REACH) Act.

(b) For the purposes of this section, the following terms have the following meanings:

(1) ACCS. The Alabama Community College System.

(2) ADULT EDUCATION. Education programs provided through the Adult Education Division of the Alabama Community College System and its approved network of providers.

(3) DEPARTMENT. The State Department of Education.

(4) LOCAL EDUCATION AGENCY. A county school system or city school system operating public primary and secondary schools.

(5) NONTRADITONAL HIGH SCHOOL DIPLOMA OPTION. An alternative pathway for earning a high school diploma developed through adult education.

(c)(1) The ACCS, in collaboration with the State Superintendent of Education, shall establish a nontraditional high school diploma option for students who are 18 years of age or older and who have withdrawn from high school before graduating pursuant to Section 16-28-3.1, as a means for those students to earn a high school diploma.

(2) The ACCS shall develop, implement, and continually evaluate the effectiveness of the nontraditional high school diploma option program to ensure that the curricula of the program is aligned with public high school diploma requirements. The ACCS shall also oversee the management and control of each nontraditional high school diploma option program offered.

(d)(1) The ACCS, through its network of community and technical colleges, shall work with local education agencies throughout the state to implement the nontraditional high school diploma option at the local level. Local education agencies shall actively promote the availability of the nontraditional high school diploma option to at-risk juniors and seniors. Additionally, the Adult Education Division of the ACCS, in conjunction with the department, shall oversee a statewide awareness campaign to ensure that students, parents, and educators throughout the state are informed about the opportunities and supports available through this program.

(2) Adult education providers approved by the ACCS and public high schools may enter into agreements regarding student participation in nontraditional high school diploma options which include, but are not limited to, the following:

a. Location and manner of instructional delivery including, but not limited to, in-person, virtual, or a hybrid.

b. Reasonable accommodations for participants.

c. Appropriate support services for participants.

(e)(1) A student who withdraws from high school and, within one year after withdrawing, enrolls in a nontraditional high school diploma option program may not be counted as a dropout for purposes of the graduation rate calculations of his or her high school on the State Report Card.

(2) The ACCS, in collaboration with the department and local education agencies, shall track program participation, student retention, and high school diplomas awarded through the nontraditional high school diploma option to measure the effectiveness of the program. Commencing on January 1, 2026, and each January 1 thereafter, the Chancellor of the ACCS shall submit a summary of the information tracked to the Chairs of the House and Senate Education Policy Committees.

(f) Students who earn a high school diploma through the nontraditional high school diploma option are eligible for admission to any two-year or four-year institution of higher education in the state; provided, however, each institution shall maintain the ability to set its own admission requirements.

(g) The Board of Trustees of the ACCS and the State Board of Education may adopt reasonable rules to implement this section including, but not limited to, the following:

(1) Allowing an increase to the credit ratio for completion of postsecondary level instructional curricula related to career readiness, career pathways, and integrated education and training correlated to industry recognized credentials.

(2) Utilization of Title II of the Workforce Innovation and Opportunity Act, known as the Adult Education and Family Literacy Act, and Measurable Skill Gains indicators as referenced by the United States Department of Education Office of Career, Technical, and Adult Education to accelerate the achievement of a high school diploma.
Ala. Code § 16-23-3 — Alabama Code / Title 16 / Chapter 23 / Section 16-23-3
Section 16-23-3 Provisional Certificates
Status: in_force

(a) It is the intent of the Legislature that the State of Alabama shall modify its policies relative to the certification of teachers to permit an expanded alternative certification program for prospective teachers. Further, it is the intent of the Legislature that policies, rules, and regulations impacting alternative teaching certificate and teacher preparation programs shall create an equal opportunity for design, approval, delivery, implementation, and continued review for accredited teacher education programs at a traditional institution of higher education as are created for alternative teacher preparation programs offered by approved alternative teacher education preparation organizations. In addition to certificates issued pursuant to this chapter to individuals graduating from approved teacher education programs, the State Board of Education shall adopt policies, procedures, rules, regulations, or standards authorizing an alternative certificate to be issued by the State Superintendent of Education to an individual, regardless of whether the individual is a graduate of an approved teacher education program, where the applicant shall:

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

(2) Submit the required application forms and fees and, when required, a separate fingerprint fee, along with fingerprints and release forms.

(3) Be recommended for certification by the employing Alabama local school superintendent or private school administrator.

(4) Be assigned a mentor by the employing superintendent or private school administrator.

(5) Meet the requirements of the Alabama Educator Certification Assessment Program as set forth by the State Board of Education.

(6) Verify compliance with one of the following admission criteria:

a. That at least 30 semester hours credit, 18 of which shall be upper division level, have been earned in the field for which certification is sought.

b. An earned bachelor’s or higher degree from a regionally accredited institution of higher education with a non-education major in the academic area for which certification is sought.

c. A passing score on the appropriate Praxis content test of the Alabama Prospective Teacher Testing Program.

d. Any other admission criteria established by the State Board of Education.

(b) The State Board of Education shall further adopt policies, procedures, rules, regulations, or standards authorizing an alternative certificate to be issued by the State Superintendent of Education to an individual, regardless of whether the individual is a graduate of an approved teacher education program, where the applicant shall:

(1) Hold a master’s or higher degree from a regionally accredited institution of higher education.

(2) Be a retiree in good standing, or honorably discharged former member of the Armed Forces of the United States, with at least 10 years of service.

(3) Otherwise satisfy all other requirements of subsection (a), as they relate to a master’s or higher degree, except for the requirement that he or she verify a passing score on the appropriate Praxis content test of the Alabama Prospective Teacher Testing Program as provided in paragraph c. of subdivision (6) of subsection (a).

(c) Any alternative certificate shall be valid for the period of time as shall be set by policies, procedures, rules, regulations, or standards which shall be adopted by the State Board of Education but in no event shall the period extend beyond four years from the July 1 beginning date of the initial alternative certificate.

(d) Where an individual has received an alternative certificate or certificates and has been employed for one full year as an educator while holding one or more alternative certificates, the individual may be granted a teaching certificate issued by the State Superintendent of Education pursuant to Section 16-23-1, when:

(1) Approved by the State Superintendent of Education.

(2) Approved according to policies, procedures, rules, regulations, or standards which shall be adopted by the State Board of Education. The policies, procedures, rules, regulations, or standards shall require that the recipient of an alternative certificate successfully complete no more than the equivalent of 12 semester hours of college course work in education related courses, as may be determined by the State Board of Education based upon factors such as the recipient’s individual educational background, prior to the issuance of a teaching certificate pursuant to Section 16-23-1.

(e) Any individual granted a teaching certificate issued by the State Superintendent of Education pursuant to Section 16-23-1, following the receipt of an alternative certificate, as herein provided, may be eligible to attain continuing service status pursuant to Chapter 24C, the Students First Act of 2011. Time served as a teacher pursuant to an alternative certificate shall be counted in determining continuing service status pursuant to Section 16-24C-4.

(f) The State Superintendent of Education, in cases of emergency when certified teachers, including teachers who may have received alternative certificates pursuant to this section, are not available, may grant emergency certificates of the different kinds and grades, but any such emergency certificate shall not be valid for a period to exceed two years but shall expire at the end of the scholastic year for which it is issued. An emergency certificate may be extended or renewed one time as provided by policies, procedures, rules, regulations, or standards adopted by the State Board of Education, for a maximum validity of four years. Time served as a teacher pursuant to an emergency certificate shall not be counted in determining continuing service status pursuant to Section 16-24C-4.
Ala. Code § 16-19-7 — Alabama Code / Title 16 / Chapter 19 / Section 16-19-7
Section 16-19-7 Warrants Deemed Issued for Purpose of Constructing, Etc., Schoolhouses
Status: in_force

Warrants issued by a municipality under the provisions of this chapter shall be deemed to constitute obligations issued for the purpose of acquiring, providing or constructing schoolhouses within the meaning of Section 225 of the Constitution of Alabama of 1901.
Ala. Code § 16-65-13 — Alabama Code / Title 16 / Chapter 65 / Section 16-65-13
Section 16-65-13 Interest of Bondholders Protected; Enforceability
Status: in_force

While any of the 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 bonds. The provisions of this chapter shall be for the benefit of the state, the authority, and the holders of any such bonds, and upon the issuance of the bonds as herein provided, such provisions shall constitute a contract with the holders of such bonds. The provisions of any bond resolution, indenture, or trust agreement shall be a contract with every holder of such 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 § 16-22-20 — Alabama Code / Title 16 / Chapter 22 / Section 16-22-20
Section 16-22-20 Technology Director in Public K-12 Schools
Status: in_force

(a) This section shall be known and may be cited as the K-12 Technology and Cybersecurity Leadership Act.

(b)(1) The position of technology coordinator in public K-12 schools is renamed technology director and must be filled by an employee of the local board of education on a 12-month contract. Any reference to the term technology coordinator in this code or other document shall be interpreted as a reference to a technology director. The position may not be filled by a contractor nor the local superintendent of education.

(2) The minimum qualifications for an individual hired or assigned to serve as a technology director after October 1, 2024, shall include professional training and work experience commensurate with the position’s responsibilities, including:

a. A degree in a technology-related curriculum from a regionally accredited two-year or four-year institution of higher education;

b. A degree in another field from a regionally accredited two-year or four-year institution of higher education and full-time work experience in a technology support or management position; or

c. A diploma from a regionally accredited high school with at least one current certification in industry recognized technologies including, but not limited to, networking, cybersecurity, or data management, and full-time work experience in a technology support or management position.

(3) School systems unable to fill the position with a candidate meeting the minimum qualifications may request a waiver from the State Superintendent of Education.

(c)(1) The Alabama Leaders in Educational Technology, a professional organization, shall establish and administer a professional development program for technology directors in public K-12 school systems.

(2) The professional development program shall provide a mandatory orientation with the Chief Technology Officer Academy and Continuing Education Units program established by the Alabama Leaders in Educational Technology and shall address all of the following:

a. Roles and responsibilities;

b. Laws, ethics, and policies;

c. Data management and governance;

d. Teaching and learning;

e. Information technology management and cybersecurity; and

f. Technology planning and budgeting.

(3) The Alabama Leaders in Educational Technology shall routinely review and update the program.

(d)(1) Technology directors shall satisfactorily complete an orientation program and annual continuing education units as follows:

a. Newly hired or appointed technology directors shall complete the chief technology officer academy training program within 24 months of beginning service in the position.

b. All other technology directors shall complete 12 in-person contact hours of continuing education unit credits for each fiscal year.

(2) Continuing education unit hours shall be offered or preapproved by the Alabama Leaders in Educational Technology program.

(3) The Alabama Leaders in Educational Technology shall maintain records for the professional development program and verify completion annually to the State Department of Education.
Ala. Code § 16-36-61 — Alabama Code / Title 16 / Chapter 36 / Section 16-36-61
Section 16-36-61 Adoptions
Status: in_force

(a) Based upon the recommendations of the State Textbook Committee, the State Board of Education shall adopt textbooks from which local boards of education may adopt for use in their systems. Local boards of education shall not adopt textbooks nor expend public funds for textbooks that have been rejected by the State Board of Education, except for the length of an existing local contract approved by the state superintendent. Members of any local board found doing so shall be guilty of a misdemeanor and fined not exceeding five hundred dollars ($500) and also may be imprisoned or sentenced to hard labor for a term not exceeding six months.

(b) The State Board of Education shall divide the subjects of study in the public schools so that all textbooks on a given subject for grades kindergarten through 12 shall be considered for adoption in one year. New adoptions made during any year shall not be used in the public schools until the next ensuing scholastic year.

(c) The adoption schedule for each subject area shall be determined by the State Superintendent of Education based on the courses of study development schedule, knowledge-base changes, financial considerations, the need for staggered adoption schedules, needs expressed by the local superintendents, contract expiration dates, and other factors deemed appropriate by the State Superintendent of Education.

(d) Prior to adoptions by the State Board of Education, members of the public shall be allowed a reasonable amount of time to be heard concerning any book recommended for adoption or rejection. Adoption or rejection, or both, of textbooks shall be made only at a public meeting of the State Board of Education. Notice of the time and place of the meeting of the State Board of Education to consider adoptions or rejections, or both, shall be given for at least 30 days, by notice to news media and by posting a notice on a bulletin board or in some other conspicuous place in the offices or public rooms of the State Department of Education.
Ala. Code § 16-22-4 — Alabama Code / Title 16 / Chapter 22 / Section 16-22-4
Section 16-22-4 Surety Bonds
Status: in_force

All bonds of officials and employees required under the provisions of this title shall be executed by a surety company authorized to do business in Alabama and, unless otherwise provided, approved by the State Superintendent of Education. The said bonds shall, unless otherwise provided, be filed in the office of the Department of Education in Montgomery, unless otherwise instructed by the State Board of Education. In all cases where bonds are not filed in the office of the Department of Education, certified copies thereof shall be filed in such department.
Ala. Code § 16-16B-5 — Alabama Code / Title 16 / Chapter 16B / Section 16-16B-5
Section 16-16B-5 (Implementation Conditioned on Separate Legislative Enactment.) Sale of the Bonds
Status: in_force

The Bonds may be sold by the 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 Authority with the pledges therefor made by the 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 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 Authority (and of any other issuer, if such should be deemed by the Authority to be relevant), and may structure the portions of the allocations provided for in Section 16-16B-9 to be distributed from the proceeds of a particular series (constituting less than all the Bonds authorized by this chapter) as the Authority deems necessary or prudent in order to enable the 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. Each series of the Bonds shall be sold competitively only at public sale, on sealed bids which may be submitted either electronically or in writing, after such advertisement as shall be prescribed by the Authority and at such time or times as the Authority may consider advantageous, to the bidder whose bid reflects the lowest true interest cost to the Authority computed to the respective maturities of the Bonds being sold (considering mandatory redemption as scheduled maturity); provided, that if no bid deemed acceptable by the Authority is received it may reject all bids. The 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 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.
Ala. Code § 16-33C-21 — Alabama Code / Title 16 / Chapter 33C / Section 16-33C-21
Section 16-33C-21 Disposition of Funds
Status: in_force

Any funds in the PACT Trust Fund remaining after the payment of all of the obligations of the fund shall be transferred to the Education Trust Fund in the fiscal year immediately following the year in which the last obligations are met.
Ala. Code § 16-47-224 — Alabama Code / Title 16 / Chapter 47 / Section 16-47-224
Section 16-47-224 Liability Upon Default, Etc.; Penalties
Status: in_force

(a) If a participant defaults on or otherwise fails to honor a loan-repayment contract with the board, the individual shall be liable for immediate repayment of the total principal loan amount plus interest at the rate of 8 percent accruing from the date of default or other failure to honor the contract. In addition, the participant shall pay an additional penalty as specified:

(1) For default or other failure to honor a contract before graduation with a master’s degree in physician assistant studies, a penalty equal to 30 percent of the total principal amount of the loan or loans received by the participant.

(2) For default or other failure to honor a contract after graduation with a master’s degree in physician assistant studies but prior to completion of the repayment obligation set forth in Section 16-47-222, a penalty equal to 100 percent of the total principal amount of all loans received by the participant from the program.

(b) The failure of a participant to honor his or her contract with the board or to pay the amount he or she is liable for under this section shall constitute a ground for the revocation of his or her license to work as a physician’s assistant in Alabama.

(c) The board may excuse repayment of a loan, in whole or in part, upon the death of a participant, or upon the participant becoming disabled to the extent that he or she is no longer able to work as a physician’s assistant, or upon some other extreme hardship not the fault of the participant.
Ala. Code § 16-47-16 — Alabama Code / Title 16 / Chapter 47 / Section 16-47-16
Section 16-47-16 Summer School for Teachers - Maintenance
Status: in_force

The summer school for teachers at the University of Alabama shall be maintained and supported by the annual legislative appropriation for that specific purpose.
Ala. Code § 16-28-45 — Alabama Code / Title 16 / Chapter 28 / Section 16-28-45
Section 16-28-45 Construction with Other Attendance and Vehicle Laws
Status: in_force

The provisions of this article shall be construed together with any and all other laws or parts of law relating to school attendance or the operation of a motor vehicle except where there is a direct conflict herewith, in which event this article shall supersede.
Ala. Code § 16-26D-3 — Alabama Code / Title 16 / Chapter 26D / Section 16-26D-3
Section 16-26D-3 Creation; Governance; Coordination of Programs and Curriculum
Status: in_force

(a) There is created a program to be called the Alabama School of Cyber Technology and Engineering, which shall be a residential institution located in Huntsville in Madison County, at a site to be determined by the board of trustees. The school may open and formally begin operation with the fall semester of 2020. The school shall be funded by the state from monies appropriated for the school and grants, donations, and funds from any other source including, but not limited to, corporations, individuals, and foundations.

(b) The school shall be governed by a board of trustees whose membership, powers, duties, and responsibilities shall be as provided in this chapter.

(c) The school shall coordinate its programs and curriculum with the department, but shall be independent of the control of the superintendent, the state board, and any local board of education except its board of trustees, unless otherwise provided by this chapter.
Ala. Code § 16-1-51 — Alabama Code / Title 16 / Chapter 1 / Section 16-1-51
Section 16-1-51 Grants to Public Schools for Advanced Educational and Specialized Programs for Gifted and Talented Children
Status: in_force

(a) The Legislature finds and declares the following:

(1) It is vital that Alabama’s public schools challenge and encourage students who are capable of completing accelerated academic work.

(2) Programs to encourage accelerated students can often be maintained by schools, after an initial start cost, with funding roughly equivalent to what they currently receive.

(3) This state should encourage schools to develop and implement gifted and talented student programs to provide options for students capable of doing advanced class work.

(b)(1) The State Department of Education shall award available grants to public schools for the purpose of initiating new programs or continuing existing programs to offer advanced and specialized educational services to gifted or talented children. The number of schools receiving grants under this section shall be determined based upon funds available to the department during a fiscal year.

a. A grant shall be made for a single year, with the rebuttable presumption that the grant will be renewed for a single additional year contingent upon available funding.

b. Grants shall be awarded upon consideration of all of the following criteria:

1. Grants should be awarded to programs that offer educational services specifically targeted at gifted or talented children.

2. The quality of the proposed curriculum, qualifications of persons acting as instructors, and integration with the infrastructure of the school must be a primary consideration.

3. Preference must be given to programs that are offered during the traditional school day or, alternatively, to programs that provide after-school transportation.

4. Preference must be given to programs that explicitly provide for the encouragement of participation by students from traditionally underserved populations.

5. All programs awarded grants pursuant to this section must provide a means for assessing the impact of the program on participating students’ academic growth.

(2) The department shall adopt rules providing an explicit formula for evaluating proposals for grants awarded under this section. The scoring of grant applications shall be considered public information.

(3) For the purposes of this section, gifted or talented children shall mean children who are age four through the age of 19 or children who receive a regular high school diploma, whichever occurs first, who, by virtue of certain outstanding abilities, are capable of a high level of performance in an identified field. The term includes children identified by professionally qualified persons who may require differentiated educational programs or services beyond those normally provided by the regular school program in order to realize those children’s full contribution to self and society. The term also includes children who have demonstrated achievement or potential ability in any of the following areas, singularly or in combination:

a. General intellectual ability.

b. Specific academic aptitude.

c. Creative or productive thinking.

d. Leadership ability.

e. Visual and performing arts ability.

f. Psychomotor ability.

(4) In the implementation and administration of this section, the State Department of Education shall comply with the guidelines and innovative practices set forth in Chapter 39.

(5) Any funds designated for grants under this section may not affect other funding by the Legislature from any source for programs earmarked for the benefit of gifted or talented children.

(6) The appropriate local board of education shall match up to five percent of any grant funds awarded by the department under this section.
Ala. Code § 16-22-17 — Alabama Code / Title 16 / Chapter 22 / Section 16-22-17
Section 16-22-17 Payroll Deductions for Participation in Statewide Programs
Status: in_force

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

(1) EMPLOYEE. Any person employed full-time as provided by law by those employers enumerated in this section and adult bus drivers.

(2) EMPLOYER. All public city and county boards of education; the Board of Trustees of the Alabama Institute for Deaf and Blind; the Alabama Youth Services Department District Board in its capacity as the Board of Education for the Youth Services Department District; the Board of Directors of the Alabama School of Fine Arts; the Board of Trustees of the Alabama High School of Mathematics and Science; the State Board of Education as applied to the payroll office of two-year postsecondary education institutions; and the Board of Trustees of Alabama A and M University.

(3) PROFESSIONAL ORGANIZATION or ORGANIZATION. The employees’ local professional organization representing the majority of employees of an identified class of employees in matters involving employee/employer relations.

(4) RETIREE. Any person who is receiving a benefit check each month from the Teachers’ Retirement System.

(b) Each employer and the Teachers’ Retirement System for each retiree shall prepare a separate slot on their regular monthly, weekly, or biweekly personnel payrolls to provide for all eligible employees to have the opportunity to purchase, at group rates or group discounts through their professional organization, different plans for annuities, deferred compensation, disability, casualty, automobile, personal liability, long-term health care and health insurance, and other programs offered on a statewide basis by the organization for which the employees or retirees qualify and which they chose to purchase. Each employee and retiree who qualifies may choose to participate in the various statewide programs offered and may authorize deductions from his or her regular payroll check or annuity in the amount of such premiums and costs necessary to cover the programs chosen. The employer and the Teachers’ Retirement System shall aggregate the sum of the total deductions authorized by all their employees or retirees and shall submit payment in one check with a list of deductions and coverages for each employee for each pay period on a timely basis to the professional organization or its designated agent. Payment to the professional organization for dues deductions and voluntary contributions shall be by separate check from the deductions made pursuant to this subsection. Following the correct and proper deduction and timely transmittal of funds, the employer shall bear no further responsibility. The professional organization or its designated agent shall receive funds from the employer and disburse such funds as may be necessary to each provider offering plans and coverages. All employees and retirees may participate in group plans or programs offered statewide through the professional organization by authorizing and submitting to the employer or the Teachers’ Retirement System a form indicating the amount to be deducted for purchases of group plans, programs, or coverages. The custodian of funds and/or the financial officer is hereby authorized and directed to initiate payroll deductions for plans and coverages as directed by each employee and retiree and to submit payment to the professional organization. One check shall aggregate the total amount authorized by all employees and shall accompany a list of participating employees and the amount of deductions and the plans or programs of coverages for each. It is expressly provided that any benefits inuring to the employee under the provisions of this subsection shall not supplant any benefits which the employee may be receiving from the employer on August 1, 1999. The provisions of this section are intended as a benefit to the employees to provide the lowest possible cost for purchase of coverages. No employer shall apply any administrative charges for performance of the requirements of this section.
Ala. Code § 16-22-2 — Alabama Code / Title 16 / Chapter 22 / Section 16-22-2
Section 16-22-2 Police Officers at State Colleges and Universities or Institute for Deaf and Blind - Extension of Jurisdiction
Status: in_force

(a) Any police officer appointed pursuant to the provisions of Section 16-47-10 or 16-22-1, is a peace officer whose authority extends to any place in the state; provided, that the primary duty of any such police or peace officer shall be the enforcement of the law on property owned or leased by the institution of higher education employing said peace officers; provided further, that he shall 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 said institution; or

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

(b) The provisions of this section granting authority to police officers at institutions of higher learning in the State of Alabama are not intended to limit or abridge any powers heretofore granted to said officers by law, and the provisions of this section are, therefore, to be considered cumulative.

(c) Nothing in this section shall grant authority to any persons appointed under the provisions of this section to enter a classroom for the purpose of enforcing traffic or parking citations.
Ala. Code § 16-1A-1 — Alabama Code / Title 16 / Chapter 1A / Section 16-1A-1
Section 16-1A-1 Short Title
Status: in_force

This chapter shall be known and cited as the Maryann Leonard Educators’ On-The-Job Injury Act.
Ala. Code § 16-24C-14 — Alabama Code / Title 16 / Chapter 24C / Section 16-24C-14
Section 16-24C-14 Construction and Application
Status: in_force

(a)(1) Employees who have attained tenured status under the Teacher Tenure Law or nonprobationary status under the Fair Dismissal Act as of July 1, 2011, in the case of tenured teachers, shall be deemed tenured teachers under this chapter and, in the case of nonprobationary employees within the meaning of the Fair Dismissal Act shall be deemed nonprobationary classified employees under this chapter.

(2) Employees who have not attained tenured status under the Teacher Tenure Law or nonprobationary status under the Fair Dismissal Act as of July 1, 2011, shall be subject to the terms and provisions of this chapter respecting the attainment of teacher tenure or nonprobationary status, and all time in service that would have been credited toward the attainment of either tenure under the Teacher Tenure Law or nonprobationary status under the Fair Dismissal Act shall be credited toward the attainment of tenure or nonprobationary status in the corresponding employment category under this chapter.

(b) All employment actions and proceedings that have been initiated under either the Teacher Tenure Law or the Fair Dismissal Act that are pending on July 1, 2011, shall be completed under the statutory procedures that were in effect on the date the action or proceeding was commenced.
Ala. Code § 16-24C-7 — Alabama Code / Title 16 / Chapter 24C / Section 16-24C-7
Section 16-24C-7 Transfers and Reassignments
Status: in_force

(a) Except as otherwise specified, employees may be transferred or reassigned at any time as the needs of the employer require to any position for which they are qualified by skill, training, or experience by the president of a two-year educational institution alone or upon the recommendation of the chief executive officer and the approval of the governing board.

(b) A chief executive officer may reassign a teacher to any grade, position, or work location within the same school, campus, instructional facility, or, for two-year institutions operated under the authority and control of the Department of Postsecondary Education, to any teaching position or work location that is under the control and jurisdiction of the institution, as the needs of the employer require. For a tenured teacher, except as required by acts of God or disasters that are beyond the reasonable control of the employer, written notice of the reassignment must be issued to the teacher no later than the twentieth calendar day after the first day of classes for students, and the teacher may not be involuntarily reassigned under this subsection more than one time in a school year, excluding summer term. The reassignment may only be to another position for which the teacher holds appropriate certification, and the reassignment may not entail a loss of or reduction in compensation. Such reassignments are not subject to challenge or review under this chapter. For reassignments due to acts of God or disasters later than the 20th calendar day after the first day of class for students, a tenured teacher may request a hearing before the board prior to a vote of the board on the proposed transfer.

(c) Tenured teachers may be transferred within an agency or system to any grade or position outside of the school, campus, or instructional facility to which the teacher is assigned subject to the following terms and conditions: The transfer must be to another position for which the employee holds appropriate certification and the transfer must be without loss of or reduction in compensation. Except as required by acts of God or disasters that are beyond the reasonable control of the employer, written notice of the proposed transfer must be issued to the teacher by the president of a two-year educational institution alone or the chief executive officer no later than the twentieth calendar day after the first day of classes for students, and the teacher may not be involuntarily transferred under this subsection more than one time in a school year, excluding summer term. In the notice of proposed transfer, and prior to a final decision of the president of a two-year educational institution or the governing board, the teacher must be afforded an opportunity to meet with the president of a two-year educational institution or the governing board to demonstrate why the proposed transfer should not be approved. Such transfers are not subject to challenge or review under this chapter. Nothing herein shall be construed to authorize the involuntary transfer or reassignment of a tenured teacher employed by a two-year institution operated under the authority and control of the Department of Postsecondary Education to another such institution. If the proposed transfer is to a work site outside of the high school feeder pattern in which the teacher is currently working, then the teacher may request a hearing before the board prior to a vote of the board on the proposed transfer. For transfers due to acts of God or disasters later than the 20th calendar day after the first day of class for students, a tenured teacher may request a hearing before the board prior to a vote of the board on the proposed transfer.

(d) Nonprobationary classified employees may be transferred to any position for which they are qualified within the agency or system by which they are employed including, for employees of two-year institutions operated under the authority and control of the Department of Postsecondary Education, any work location that is under the control and jurisdiction of the institution, if the transfer is without loss of or reduction in compensation, written notice of the proposed transfer is issued to the employee by the president of the two-year educational institution or the chief executive officer not less than 15 calendar days before a final decision is made by the president of the two-year educational institution alone or a vote thereon is taken by the governing board, and the transfer is effective not less than 15 calendar days after the date of the final decision. A nonprobationary classified employee of an employer, other than a two-year institution under the authority and control of the Department of Postsecondary Education, who is proposed to be transferred to a principal work site that is outside of the high school feeder pattern in which the current work site of the employee is located, shall be afforded an opportunity to appeal in the same manner as a termination. This subdivision shall not apply to employees whose daily work assignments and duties require regular or periodic travel throughout the school system or between work sites operated by or under the control of the employer. Except as required by acts of God or disasters that are beyond the reasonable control of the employer, a nonprobationary classified employee may not be involuntarily transferred more than one time in a school year, excluding summer term. Such transfers are not subject to challenge or review under this chapter. Nothing herein shall be construed to authorize the involuntary transfer or reassignment of a classified employee of a two-year institution operated under the authority and control of the Department of Postsecondary Education to another such institution.

(e) Probationary teachers and probationary classified employees may be transferred to another position that provides for a lower rate or amount of compensation or a shorter term of employment if the employee holds appropriate certification or qualifications for the position, the notice of proposed transfer contains a written explanation of the effect of the transfer on the compensation of the employee, and the notice informs the employee that he or she may object in writing to the transfer before a final decision is made by the president of the two-year educational institution alone or a vote is taken thereon by the governing board. If approved by the president of a two-year educational institution alone or by vote of the board, the transfer shall be effective not less than 15 calendar days after the date of the final decision. Such transfers are not subject to challenge or review under this chapter.

(f) A tenured teacher or nonprobationary classified employee may be involuntarily transferred to another position that provides for a lower rate or amount of pay or a shorter term of employment, subject to the following terms and conditions: The notice of proposed transfer and subsequent proceedings, except for use of the term transfer, shall conform and be subject to the substantive and procedural standards and requirements that apply to termination of nonprobationary employees under Section 16-24C-6, and to appeals therefrom. No vote or decision on such transfers shall be made for political or personal reasons. Notwithstanding the foregoing, transfers or reassignments that are made as a part of, as a consequence of, or in conjunction with reductions-in-force authorized under Section 16-1-33, or in order to comply with state or federal law are not subject to challenge or review under this chapter, whether or not such transfers or reassignments are to positions that provide for a lower rate or amount of pay or a shorter term of employment.
Ala. Code § 16-29-1 — Alabama Code / Title 16 / Chapter 29 / Section 16-29-1
Section 16-29-1 Required; Scope; Suspension of Infected Child
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 16-62-4 — Alabama Code / Title 16 / Chapter 62 / Section 16-62-4
Section 16-62-4 Appointment of Curator; Duties of Curator
Status: in_force

The Board of Directors of the Black Heritage Museum shall appoint a curator of the repository who shall be a recognized authority on Afro-American history and culture. The curator shall be empowered to seek out and secure source materials on or about Afro-Americans, to catalog and preserve such materials in keeping with the best available methods of preservation, and shall disseminate or make available to the public said materials in keeping with the designated functions of the repository.
Ala. Code § 16-41-6 — Alabama Code / Title 16 / Chapter 41 / Section 16-41-6
Section 16-41-6 Exemption by Parents
Status: in_force

Any child whose parent presents to the school principal a signed statement that the teaching of disease, its symptoms, development and treatment and the use of instructional aids and materials of such subjects conflict with the religious teachings of his church shall be exempt from such instruction, and no child so exempt shall be penalized by reason of such exemption.
Ala. Code § 16-33A-2 — Alabama Code / Title 16 / Chapter 33A / Section 16-33A-2
Section 16-33A-2 Legislative Findings; Purpose of Chapter
Status: in_force

The Legislature declares that there exists within the State of Alabama a number of accredited independent colleges and universities whose facilities could be used more effectively in the public interest by the grant of financial assistance to residents of the state who choose to attend such colleges and universities, in order to pay a portion of such residents’ institutional related expenses at such colleges and universities, thereby reducing the cost to taxpayers of the state below the cost of providing similar instruction to such residents at institutions of higher learning within the state higher education system.

The Legislature finds and declares that there is an apparent need to narrow the gap in student charges between public universities and colleges and independent institutions of higher education in Alabama in order to provide students with true economic and academic freedom of choice in selecting a college; and to help assure that independent colleges will continue to contribute to the overall quality and diversity of postsecondary education in Alabama.

This chapter is intended to provide higher educational opportunities to bona fide residents of the state by utilizing the facilities and resources of independent colleges and universities in the state more effectively.
Ala. Code § 16-25-24 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-24
Section 16-25-24 False Statements; Correction of Errors
Status: in_force

(a) Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this retirement system in any attempt to defraud such system as a result of such act shall be guilty of a misdemeanor and, on conviction thereof by any court of competent jurisdiction, shall be punished by a fine not exceeding $500.00 or imprisonment not exceeding 12 months, or both such fine and imprisonment at the discretion of the court.

(b) Should any change or error in the records result in any member or beneficiary receiving from the retirement system more or less than he would have been entitled to receive had the records been correct, the Board of Control shall correct such error and as far as practicable shall adjust the payment in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.
Ala. Code § 16-47A-5 — Alabama Code / Title 16 / Chapter 47A / Section 16-47A-5
Section 16-47A-5 Board of Trustees - Powers and Duties
Status: in_force

(a) The board shall have all the rights, privileges, and franchises necessary to the promotion of the ends of its creation, and shall be charged with all corresponding duties, liabilities, and responsibilities. The board may hold and may lease, sell, or, in any other manner not inconsistent with the object or terms of the grant or grants under which it holds, dispose of any property, real or personal, or any estate or interest therein remaining, of any grant by any governmental unit or by any person, or accruing to the corporation from any source, as the board may deem best for the purposes of the university. The president of the university, with the approval of the board, may execute any lease, deed, or other instrument of conveyance on behalf of the corporation, without additional approval.

(b) The board shall have the exclusive authority over and jurisdiction of land, buildings, and other capital improvements now existing on or hereinafter provided for such campus. No contract for capital improvements, alterations, remodeling, and changing of capital improvements shall be made without the authorization and approval of the board, and which approval shall be granted by appropriate resolutions of the body. Any contract, agreement, or other act relating to capital improvements, except for maintenance, repairs, and maintaining existing facilities, shall be void and of no effect unless authorized by resolutions of the board.
Ala. Code § 16-25-21 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-21
Section 16-25-21 Method of Financing
Status: in_force

Effective October 1, 1997, all the assets of the retirement system shall be credited according to the purpose for which they are held among three funds, namely: The Annuity Savings Fund, the Pension Accumulation Fund, and the Expense Fund. The operation of the former Pension Reserve Fund and the Annuity Reserve Fund shall be discontinued as of such date, the balance of the former Pension Reserve Fund shall be transferred to the Pension Accumulation Fund, and the balance of the former Annuity Reserve Fund shall be transferred to the Pension Accumulation Fund.

(1) The Annuity Savings Fund shall be a fund in which shall be accumulated contributions from the compensation of members to provide for their annuities. Contributions to and payments from the Annuity Savings Fund shall be made as follows:

a. Each employer shall cause to be deducted from the salary of each member on each and every payroll of such employer for each and every payroll period five percent of his or her earnable compensation. For all pay dates beginning on or after October 1, 2011, each employer shall cause to be deducted from the salary of each member on each and every payroll of such employer for each and every payroll period seven and one-quarter percent (7.25%) of his or her earnable compensation. For all pay dates beginning on or after October 1, 2012, each employer shall cause to be deducted from the salary of each Tier I plan member on each and every payroll of such employer for each and every payroll period seven and one-half percent (7.5%) of his or her earnable compensation. For all pay dates beginning on or after January 1, 2013, each employer shall cause to be deducted from the salary of each Tier II plan member on each and every payroll period six percent (6%) of his or her earnable compensation; except in the case of a Tier II plan member who is a correctional officer, firefighter, or law enforcement officer as defined in Section 36-27-59, the rate of seven percent (7%) shall apply. For all pay dates beginning on or after October 1, 2021, each employer shall cause to be deducted from the salary of each Tier II plan member on each and every payroll period six and two-tenths percent (6.2%) of his or her earnable compensation; except in the case of a Tier II plan member who is a correctional officer, firefighter, or law enforcement officer as defined in Section 36-27-59, the rate of seven and two-tenths percent (7.2%) shall apply. In determining the amount earnable by a member in a payroll period, the Board of Control may consider the rate of annual compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period, and it may omit deductions from compensation for any period less than a full payroll period if a teacher was not a member on the first day of the payroll period, and to facilitate the making of deductions it may modify the deduction required of any member by such an amount as shall not exceed one tenth of one percent of the annual compensation upon the basis of which such deduction is to be made.

b. The deductions provided for herein shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deduction made and provided for herein and shall receive for his or her full salary or compensation, and payment of salary or compensation less such deduction shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the service rendered by such person during the period covered by such payment, except as to the benefits provided under this chapter. The employer shall certify to the Board of Control on each and every payroll or in such other manner as the board may prescribe the amount to be deducted; and each of the amounts shall be deducted, and when deducted shall be paid into the Annuity Savings Fund and shall be credited, together with regular interest thereon, to the individual account of the member from whose compensation the deduction was made.

c. In addition to the contributions deducted from compensation as hereinbefore provided, subject to the approval of the Board of Control, any member may deposit in the Annuity Savings Fund by a single payment or by an increased rate of contribution an amount computed to be sufficient to purchase an additional annuity which, together with his or her prospective retirement allowance, will provide for him or her a total retirement allowance not to exceed one half of his or her average final compensation at age 60. Such additional amounts so deposited shall become a part of his or her accumulated contributions except in the case of retirement, when they shall be treated as excess contributions returnable to the member in cash or as an annuity of equivalent actuarial value and shall not be considered in computing his or her pension. The contributions and interest credits of a member withdrawn by him or her, or paid to his or her estate or to his or her designated beneficiary in event of his or her death, shall be paid from the Annuity Savings Fund. Should a member cease to be a member other than by retirement under the provisions of this title, an amount equivalent to the difference, if any, between his or her accumulated contributions and the amount then paid shall be transferred to the Expense Fund. Upon the retirement of a member or the death of an eligible member where an allowance to the surviving spouse is payable, his or her accumulated contributions shall be transferred from the Annuity Savings Fund to the Pension Accumulation Fund.

d. Notwithstanding the preceding provisions, no deductions shall be made from any member’s salary on account of which the employer’s contribution is in default.

(2) The Pension Accumulation Fund shall be the fund in which shall be accumulated all reserves, other than amounts held in the Annuity Savings Fund for the payment of all pensions and other benefits. Contributions to and payments from the Pension Accumulation Fund shall be made as follows:

a. On account of each member there shall be paid monthly by the employer an amount equal to a certain percentage of the earnable compensation of each member to be known as the “normal contribution” and an additional amount equal to a percentage of his or her earnable compensation to be known as the “accrued liability contribution,” and these two amounts shall be paid monthly into the Pension Accumulation Fund. The Teachers’ Retirement System shall recommend to the Legislature on or before the first legislative day of each regular session of the Legislature the rate for the following fiscal year. The Legislature shall set the rate in the annual appropriation bill.

b. On the basis of regular interest and of such mortality and other tables as shall be adopted by the Board of Control, the actuary engaged by the board to make such valuation required by this title shall, immediately after making such valuation, determine the uniform and constant percentage of the earnable compensation of the average new entrant which, if contributed on the basis of his or her compensation throughout his or her entire period of active service, would be sufficient to provide for the payment of any pension payable on his or her account. The rate per centum so determined shall be known as the “normal contribution” rate. The normal contribution rate shall be determined by the actuary after each valuation.

c.1. The accrued liability contribution rate shall be computed by the actuary on the basis of each valuation as the per centum rate of the total annual compensation of all members which is sufficient to liquidate the unfunded accrued liability over a period to be determined by the Board of Control which shall be not less than 10 nor more than 30 years.

2. The unfunded accrued liability shall be computed by the actuary as the total liabilities of the system which are not dischargeable by the assets of the Annuity Savings Fund and the Pension Accumulation Fund and the present value of the aforesaid normal contributions. For purposes of computing the unfunded accrued liability the assets shall be determined as follows:

On June 30, 1997, the assets shall be determined by using the market value of such assets. For subsequent years the value of the assets shall be determined by the system’s actuary using a five year smoothed market value.

d. The total amount payable in each year to the Pension Accumulation Fund shall be not less than the sum of the per centum rates known as the normal contribution rate and the accrued liability contribution rate of the total compensation earnable by all members during the year.

e. All interest and dividends earned on the funds of the retirement system shall be credited to the Pension Accumulation Fund. The amounts needed to allow regular interest on the reserves in the Annuity Savings Fund shall be transferred in accordance with this chapter from the Pension Accumulation Fund. The Board of Control, in its discretion, may transfer to and from the Pension Accumulation Fund the amount of any surplus or deficit which may develop in the Annuity Savings Fund or the Expense Fund.

f. Upon the death of a member on account of whom no survivor allowance is payable under subdivision (2) of subsection (i) of Section 16-25-14, the death benefit as provided in subdivision (2) of subsection (i) of such section equal to the accumulated contributions not to exceed five thousand dollars ($5,000) shall be payable from the Pension Accumulation Fund.

(3) The Expense Fund shall be the fund from which the expenses of the administration of the retirement system shall be paid, exclusive of amounts payable as retirement allowances and as other benefits provided herein. Any amounts credited to the accounts of members withdrawing before retirement and not returnable under subsection (i) of Section 16-25-14 shall be credited to the Expense Fund. Any additional contributions required to meet the expenses of the retirement system shall be made as provided in paragraphs c., d., and e. of subdivision (4) of this section.

(4)a. On or before October 1 of each year, each local board of education, the State Board of Education, the governing boards of the University of Alabama, Auburn University, and the University of Montevallo and the Executive Committee of the Alabama Education Association shall file with the Board of Control of the retirement system a certified statement containing the following information concerning the members of the retirement system employed by such boards for the scholastic year beginning on July first preceding the date: Name, address, monthly salary, annual salary, and such other information as the Board of Control may require. On or before July 31 of each year, each local board of education; the State Board of Education; the governing boards of the University of Alabama, Auburn University, and the University of Montevallo and the Executive Committee of the Alabama Education Association shall file with the Board of Control of the retirement system a certified statement containing the following information concerning members of the retirement system employed by such boards during the scholastic year ending on June 30 preceding the date: Name, address, monthly salary actually paid, total annual salary actually paid, and such other information as the Board of Control may require.

b. The collection of members’ contributions shall be as follows: Each local board of education, the State Board of Education, the governing boards of the University of Alabama, Auburn University, and the University of Montevallo and the Executive Committee of the Alabama Education Association shall cause to be deducted on each and every payroll period subsequent to the date of the establishment of the retirement system the contributions payable by each member as provided in this chapter. Each employer shall transmit monthly, or at such time as the Board of Control shall designate, the total amount so deducted to the Secretary-Treasurer of the Board of Control accompanied by an itemized statement of the contributions of each individual member of the retirement system. The Secretary-Treasurer of the Board of Control after making a record of all such receipts shall transmit the same to the State Treasurer to be held for use according to this chapter. Notwithstanding anything in this section, the Board of Control may modify the form of reports required of employers and may modify the method of collecting the contributions of members so that employers may retain the amounts so deducted and have a corresponding amount deducted from funds otherwise payable to them.

c. The employer’s contributions shall be made from the same funds used to pay salaries based on the employer cost rate determined under paragraph a. of subdivision (2).

d. Where member contributions are made from salaries paid from federal funds, the employer shall pay from federal funds to the Teachers’ Retirement System the amount calculated as a percentage of the salaries of those teachers to be contributed by the employer in accordance with subdivisions (2) and (3) of this section. Such amounts shall be paid at the same time as the member contributions are made to the retirement system. The provisions of this paragraph shall not apply to funds received under the provisions of the Hatch Act of 1887, as amended in 1955, and the McIntyre-Stennis Act (Cooperative Forestry Research Act of 1962) of the Congress of the United States, for the support of agriculturally related research.

e. Where member contributions are made from salaries paid by the Alabama Education Association, the Alabama Education Association shall pay the employer costs calculated as a percentage of the salaries of those employees to be contributed as employer in accordance with subdivisions (2) and (3) of this section. Such amounts shall be paid monthly and at the same time as the member contributions are made to the Teachers’ Retirement System.

f. To the extent that employer cost is collected for any increase in benefits payable to retired employees of local boards of education and state institutions of higher education who are retired under the Employees’ Retirement System, there shall be a transfer of funds from these funds to the Employees’ Retirement System for each year such benefits are payable.

g. Employer cost provided for in this article together with member contributions required under this article shall be paid to the Teachers’ Retirement System on the first day of the month following the month in which the related member salary is earned. Delinquent accounts shall accrue interest at the actuarial assumed investment rate beginning 30 days after the original due date. The member contributions for each member shall be reported to the Teachers’ Retirement System in a format prescribed by the Teachers’ Retirement System.
Ala. Code § 16-44C-5 — Alabama Code / Title 16 / Chapter 44C / Section 16-44C-5
Section 16-44C-5 Teacher Qualifications and Requirements for Licensure Under the Compact
Status: in_force

(a) Except as provided for active military members or eligible military spouses in subsection (d) of Section 16-44C-3, a teacher may only be eligible to receive a license under this compact where that teacher holds an unencumbered license in a member state.

(b) A teacher eligible to receive a license under this compact, unless otherwise provided for herein, shall do both of the following:

(1) Upon his or her application to receive a license under this compact, undergo a criminal background check in the receiving state in accordance with the laws and regulations of the receiving state.

(2) Provide the receiving state with information in addition to the information required for licensure for the purposes of determining compensation, if applicable.
Ala. Code § 16-27-4.1 — Alabama Code / Title 16 / Chapter 27 / Section 16-27-4.1
Section 16-27-4.1 Physical Qualifications of School Bus Drivers
Status: in_force

(a) A local board of education may not hire, employ, or enter into any agreement with any person for the purposes of operating a school bus transporting students to or from school or school related events, unless the person is physically qualified to drive a school bus. A person is physically qualified to drive a school bus if that person satisfies all of the following requirements:

(1) Has no loss of a foot, a leg, a hand, or an arm.

(2) Has no impairment of any of the following:

a. A hand or a finger which interferes with prehension or power grasping.

b. An arm, foot, or leg which interferes with the ability to perform normal tasks associated with operating a school bus.

c. Any other significant limb defect or limitation which interferes with the ability to perform normal tasks associated with operating a school bus.

(3) Has no established medical history or clinical diagnosis of diabetes mellitus requiring insulin for control.

(4) Has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure.

(5) Has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with his or her ability to control and safely operate a school bus.

(6) Has no current clinical diagnosis of high blood pressure likely to interfere with his or her ability to control and safely operate a school bus.

(7) Has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease which interferes with his or her ability to control and safely operate a school bus.

(8) Has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control and safely operate a school bus.

(9) Has no mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his or her ability to control and safely operate a school bus.

(10) Has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70 degrees in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber.

(11) First perceives a forced whispered voice in the better ear at not less than five feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear of greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without the use of a hearing aid when the audiometric device is calibrated to American National Standard, formerly ASA Standard, Z24.5–1951.

(12) Does not use a controlled substance identified in 21 CFR 1308.11 Schedule I, an amphetamine, a narcotic, or any other habit-forming drug. A driver may use such a substance or drug, if the substance or drug is prescribed by a licensed medical practitioner who is familiar with the medical history and assigned duties of the driver and has advised the driver that the prescribed substance or drug will not adversely affect his or her ability to control and safely operate a school bus.

(13) Has no current clinical diagnosis of alcoholism.

(b) Each local board of education shall do all of the following:

(1) Require each newly employed school bus driver, after acceptance of employment and before being allowed to operate a school bus, to pass a physical examination, at his or her own expense, as prescribed in subdivisions (1) to (13), inclusive, of subsection (a), and performed by a duly licensed physician.

(2) Require each school bus driver employed on May 14, 2012, to pass a physical examination, at his or her own expense, as prescribed in subdivisions (1) to (13), inclusive, of subsection (a), and performed by a duly licensed physician by August 14, 2012, and at least once every two years thereafter.

(3) Document the results of each physical examination on forms prescribed by the State Department of Education and maintain those results in the central office of the department.

(c) A driver holding a valid Alabama school bus driver certificate on or after May 14, 2012, may be grandfathered in for any condition provided in subsection (a) if the driver submits to the employing local board all of the following from a duly licensed physician who is familiar with the medical history of the driver and his or her assigned duties:

(1) A signed written statement that any condition the driver has will not adversely affect his or her ability to control and safely operate a school bus.

(2) A signed written waiver, on a form provided by the department.

(d) Failure to comply with this section shall result in the driver losing his or her Alabama School Bus Driver Certificate issued by the State Department of Education.
Ala. Code § 16-60-243 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-243
Section 16-60-243 Annual Report to Chancellor
Status: in_force

If a director of displaced homemakers programs is appointed, he shall report annually to the Chancellor of Postsecondary Education on the effectiveness of the programs including the effectiveness of job training programs, placement, and other services rendered to displaced homemakers, the number of persons placed in employment, the number of displaced homemakers served under the various programs, and the cost effectiveness of the various components of the program.
Ala. Code § 16-33D-3 — Alabama Code / Title 16 / Chapter 33D / Section 16-33D-3
Section 16-33D-3 Definitions. (Amended by Act 2026-304)
Status: in_force

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

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

(1) ACADEMIC TERM. A portion of an academic year, such as a quarter or semester, during which an institution of higher education holds classes including, but not limited to, Fall, Winter, Spring, or Summer semesters.

(2) ADULT LEARNER. An individual who is 25 years of age or older and returning to college.

(3) ALABAMA RESIDENT. An individual who has been classified as an in-state resident by an authorized institution, who has established residency within this state for at least a 12-month period prior to the beginning of the term for which financial assistance is requested, and who is in this state for other than a temporary purpose.

(4) APPROVED INSTITUTION. A state-supported institution of higher education or a private nonprofit institution of higher education that satisfies all of the following:

a. Is accredited by the Southern Association of Colleges and Schools Commission on Colleges, or the Council on Occupational Education.

b. Is eligible to receive Title IV federal student aid program funds.

c. Maintains its primary headquarters in Alabama.

(5) AUTHORIZED INSTITUTION. An approved institution that files a signed agreement with the commission to comply with all rules and procedures of the ReEngage Alabama Grant Program as provided by the commission.

(6) COMMISSION. The Alabama Commission on Higher Education.

(7) CONTINUOUS ENROLLMENT. When an adult learner is making academic progress toward degree completion without a stop-out in enrollment of more than one consecutive semester or quarter, such as Fall/Winter to Spring, Spring to Summer/Fall, or Summer to Fall.

(8) ELIGIBLE PROGRAM. A nonsectarian, secular educational program that is aligned with Alabama’s high demand workforce needs adopted by the Alabama Committee on Credentialing and Career Pathways.

(9) ELIGIBLE STUDENT. An individual who completed the Free Application for Federal Student Aid (FAFSA), who is in pursuit of his or her first associate or baccalaureate degree, who satisfies the criteria set out in this chapter, and who is found to be eligible by rules adopted by the commission.

(10) GRANT. A financial award by the State of Alabama to defray the cost of tuition and mandatory fees to an eligible adult learner who is currently enrolled in an authorized institution.

(11) PROGRAM. The ReEngage Alabama Grant Program created by this chapter.

(12) YEAR. An academic year that shall be divided into Fall, Winter, Spring, and Summer terms. The term does not mean calendar or fiscal year.
Ala. Code § 16-22A-4 — Alabama Code / Title 16 / Chapter 22A / Section 16-22A-4
Section 16-22A-4 Initiation of Request for Criminal History Background Check
Status: in_force

Any person who wishes to initiate a request for a criminal history background check of a current employee shall be required to provide a written signed statement to the designated chief executive officer of an authorized employer containing the reasonable articulable grounds supporting a request and initiation of review.
Ala. Code § 16-6D-9 — Alabama Code / Title 16 / Chapter 6D / Section 16-6D-9
Section 16-6D-9 Tax Credit Claims; Administrative Accountability; Verification of Requirements; Rules and Procedures
Status: in_force

(a)(1) An individual taxpayer who files a state income tax return and is not claimed as a dependent of another taxpayer, a taxpayer subject to the corporate income tax levied by Chapter 18 of Title 40, an Alabama S corporation as defined in Section 40-18-160, or a Subchapter K entity as defined in Section 40-18-1 may claim a credit for a contribution made to a scholarship granting organization. If the credit is claimed by an Alabama S corporation or Subchapter K entity, the credit shall pass through to and may be claimed by any taxpayer eligible to claim a credit under this subdivision who is a shareholder, partner, or member thereof, based on the taxpayer’s pro rata or distributive share, respectively, of the credit.

(2) The tax credit may be claimed by an individual taxpayer or a married couple filing jointly in an amount equal to 100 percent of the total contributions the taxpayer made to a scholarship granting organization for educational scholarships during the taxable year for which the credit is claimed, up to 100 percent of the tax liability of the individual taxpayer, not to exceed one hundred thousand dollars ($100,000) per individual taxpayer or married couple filing jointly. For purposes of this section, an individual taxpayer includes an individual who is a shareholder of an Alabama S corporation or a partner or member of a Subchapter K entity that made a contribution to a scholarship granting organization.

(3) The tax credit may be claimed by a taxpayer subject to the Alabama corporate income tax in an amount equal to 100 percent of the total contributions the taxpayer made to a scholarship granting organization for educational scholarships during the taxable year for which the credit is claimed, up to 100 percent of the tax liability of the taxpayer.

(4) A taxpayer subject to the Alabama corporate income tax, an individual taxpayer, or a married couple filing jointly may carry forward a tax credit earned under the tax credit scholarship program for up to three taxable years.

(5) The cumulative amount of tax credits issued pursuant to subdivision (2) and subdivision (3) shall not exceed forty million dollars ($40,000,000) annually, based on the calendar year. If the cumulative amount of tax credits issued exceeds 90 percent of the set cap for three out of four consecutive years, there shall be an automatic increase of ten million dollars ($10,000,000) until the cumulative amount of tax credits issued reaches sixty million dollars ($60,000,000). A taxpayer making one or more otherwise tax-creditable contributions before the due date, with extensions, of a timely filed 2014 tax return may elect to treat all or a portion of such contributions as applying to and creditable against its 2014 Alabama income tax liability, if the taxpayer properly reserves the credit on the website of the Department of Revenue or another method provided by the Department of Revenue. The amount creditable against the taxpayer’s 2014 income tax liability shall be limited to the lesser of the amount so designated or the remaining balance, if any, of the cumulative amount of the twenty-five million dollars ($25,000,000) of tax credits available for the 2014 calendar year. No such contribution and election by a taxpayer to reserve tax credits against the remaining balance of the cumulative amount of tax credits available for 2014 shall preclude the taxpayer from making additional contributions in 2015 and reserving those amounts against the cumulative amount of tax credits available for 2015. The Department of Revenue shall develop a procedure to ensure that this cap is not exceeded and shall also prescribe the various methods by which these credits are to be issued.

(6) No credit may be claimed for a contribution made to a scholarship granting organization if the contribution is restricted or conditioned in any way by the donor, including, but not limited to, requiring the scholarship granting organization to direct all or part of the contribution to a particular qualifying school or to grant an educational scholarship to a particular eligible student.

(b)(1) ADMINISTRATIVE ACCOUNTABILITY STANDARDS. All scholarship granting organizations shall do all of the following:

a. Notify the Department of Revenue of their intent to provide educational scholarships to eligible students.

b. Demonstrate to the Department of Revenue that they have been granted exemption from the federal income tax as an organization described in 26 U.S.C. § 501(c)(3).

c. Distribute periodic educational scholarship payments as checks made out and mailed to or directly deposited with the school where the student is enrolled.

d. Provide a Department of Revenue approved receipt to taxpayers for contributions made to the scholarship granting organization.

e. Ensure that all determinations with respect to the eligibility of a student to receive an educational scholarship shall be made by the scholarship granting organization. A scholarship granting organization shall not delegate any responsibility for determining the eligibility of a student for an educational scholarship or any other requirements it is subject to under this chapter to any qualifying school or an entity affiliated therewith.

f. Verify that a student who is receiving an educational scholarship as an eligible student with unique needs satisfies the qualifications provided in subdivision (6) of Section 16-6D-4, before the first day of every other instructional year for which the student receives the educational scholarship.

g. Ensure that at least 95 percent of their revenue from donations is expended on educational scholarships, and that all revenue from interest or investments is expended on educational scholarships. A scholarship granting organization may expend up to five percent of its revenue from donations on administrative and operating expenses in the calendar year of the donation or in any subsequent calendar year.

h. Ensure that scholarship funds on hand at the beginning of a calendar year are expended on educational scholarships within three calendar years. Any scholarship funds on hand at the beginning of a calendar year that are not expended on educational scholarships within three calendar years shall be turned over to and deposited with the State Department of Education for the benefit of its At-Risk Student Program to be distributed to local boards of education on the basis determined by the State Department of Education in furtherance of support to underperforming schools.

i. Ensure that at least 75 percent of first-time recipients of educational scholarships were not continuously enrolled in a private school during the previous academic year. To ensure compliance with this paragraph, the local board of education of the local school system in which an eligible student applying for an educational scholarship resides, upon written request by a parent, shall provide written verification that a particular address is in the attendance zone of a specified public school. The State Department of Education shall provide written verification of enrollment in a priority school under this chapter. With respect to first time educational scholarship recipients, scholarship granting organizations shall give priority to eligible students who are zoned to attend a priority school over eligible students who are not zoned to attend a priority school.

j. Ensure that 25 percent of first-time recipients of educational scholarships are not zoned for a priority school and were not continuously enrolled in a private school during the previous academic year.

k. Cooperate with the Department of Revenue to conduct criminal background checks on all of their employees and board members and exclude from employment or governance any individual who may reasonably pose a risk to the appropriate use of contributed funds.

l. Ensure that educational scholarships are portable during the academic year and can be used at any qualifying school that accepts the eligible student according to the wishes of the parent. If an eligible student transfers to another qualifying school during an academic year, the educational scholarship amount may be prorated.

m. Publicly report to the Department of Revenue by September 1 of each year all of the following information prepared by a certified public accountant regarding their educational scholarships funded in the previous academic year:

1. The name and address of the scholarship granting organization.

2. The total number and total dollar amount of contributions received during the previous academic year.

3. The total number and total dollar amount of educational scholarships awarded and funded during the previous academic year, the total number and total dollar amount of educational scholarships awarded and funded during the previous academic year for students qualifying for the federal free and reduced-price lunch program, and the percentage of first-time recipients of educational scholarships who were enrolled in a public school during the previous academic year.

n. Publicly report to the Department of Revenue, by the 15th day after the close of each calendar quarter, all of the following information about educational scholarships granted during the quarter:

1. The total number of scholarships awarded and funded.

2. The names of the qualifying schools that received funding for educational scholarships, the total amount of funds paid to each qualifying school, and the total number of scholarship recipients enrolled in each qualifying school.

3. The total number of eligible students zoned to attend a priority school who received educational scholarships from the scholarship granting organization.

4. The total number of first time scholarship recipients who were continuously enrolled in a nonpublic school prior to receiving an educational scholarship from that scholarship granting organization.

o. Ensure that educational scholarships are not provided for eligible students to attend a school with paid staff or board members, or relatives thereof, in common with the scholarship granting organization.

p. Ensure that educational scholarships are provided in a manner that does not discriminate based on the gender, race, or disability status of the scholarship applicant or his or her parent.

q. Any scholarship funds unaccounted for on June 30 of each calendar year may be made available to eligible students to defray the costs of attending a qualifying school, whether or not the student is zoned to attend a priority school. Any provision of this section to the contrary notwithstanding, once an eligible student receives an educational scholarship under this program, scholarship funds may be made available to the student for educational scholarships until the student graduates from high school or reaches 19 years of age, regardless of whether the student is zoned to attend a priority school, subject to the income eligibility requirements of paragraph (5)b. of Section 16-6D-4.

r. An eligible student who enrolls in a public school or public school program is considered to have terminated his or her participation in the program. Any remaining scholarship funds shall be paid to the public school system in which the eligible student enrolls.

s. Ensure that no donations are directly made to benefit specifically designated scholarship recipients or to particular qualifying schools.

t. Submit to the Department of Revenue annual verification of the scholarship granting organization’s policies and procedures used to determine scholarship eligibility. The verification shall confirm that the scholarship granting organization, and not one or more qualifying schools accepting educational scholarship recipients or scholarship funds, is determining whether scholarship applicants are eligible to receive educational scholarships. The verification shall also confirm that the scholarship granting organization is giving priority to receive an educational scholarship to eligible students zoned to attend priority schools.

u. Submit to the Department of Revenue annual verification that none of its actions or policies restricts a parent’s educational choice by limiting or prohibiting the enrollment of eligible students in a qualifying school if those eligible students received educational scholarships from other scholarship granting organizations.

(2) FINANCIAL ACCOUNTABILITY STANDARDS.

a. All scholarship granting organizations shall demonstrate their financial accountability by doing all of the following:

1. Maintaining a 10 percent reserve balance.

2. Annually submitting to the Department of Revenue a financial information report for the scholarship granting organization that complies with uniform financial accounting standards established by the Department of Revenue and conducted by a certified public accountant.

3. Having the auditor certify that the report is free of material misstatements.

b. All qualifying nonpublic schools shall demonstrate financial viability, if they are to receive donations of fifty thousand dollars ($50,000) or more during the academic year, by doing either of the following:

1. Filing with the scholarship granting organization prior to receipt of the first educational scholarship payment for that academic year a surety bond payable to the scholarship granting organization in an amount equal to the aggregate amount of scholarship funds expected to be received during the academic year.

2. Filing with the scholarship granting organization prior to receipt of the first educational scholarship payment for that academic year financial information that demonstrates the financial viability of the qualifying nonpublic school.

c. A qualifying school, private tutor, or other educational service provider may not refund, rebate, or share a student’s scholarship with a parent or the student in any manner.

(c)(1) Each scholarship granting organization shall annually collect and submit to the Department of Revenue with the annual report required by paragraph (b)(1)m. written verification from qualifying nonpublic schools that accept its educational scholarship students that those schools do all of the following:

a. Comply with all health and safety laws or codes that otherwise apply to nonpublic schools.

b. Hold a valid occupancy permit if required by the municipality.

c. Certify compliance with nondiscrimination policies set forth in 42 U.S.C. § 1981.

d. Conduct criminal background checks on employees and then do all of the following:

1. Exclude from employment any individual not permitted by state law to work in a public school.

2. Exclude from employment any individual who may reasonably pose a threat to the safety of students.

(2) By August 1 of each year, each qualifying nonpublic school shall provide to each scholarship granting organization from which it receives educational scholarships verification that the qualifying nonpublic school is in compliance with the Alabama Child Protection Act of 1999, Chapter 22A of this title. Any qualifying nonpublic school failing to timely provide the annual verification shall be prohibited from participating in the scholarship program. Each scholarship granting organization shall annually submit to the Department of Revenue with the annual report required by paragraph (b)(1)m. copies of the written verifications it receives from each qualifying nonpublic school.

(3) ACADEMIC ACCOUNTABILITY STANDARDS. There shall be sufficient information about the academic impact educational scholarship tax credits have on students participating in the tax credit scholarship program in order to allow parents and taxpayers to measure the achievements of the tax credit scholarship program, and therefore:

a. Each scholarship granting organization shall ensure that qualifying schools that accept its educational scholarship students shall do all of the following:

1. Annually administer either the state achievement tests or nationally recognized norm-referenced tests that measure learning gains in math and language arts to all students receiving an educational scholarship in grades that require testing under the accountability testing laws of the state for public schools, in order that the state can compare the academic achievement and learning gains of students receiving educational scholarships with students of the same socioeconomic and educational backgrounds who are taking the state achievement tests or nationally norm-referenced tests. An eligible student with unique needs for whom standardized testing is not appropriate, as outlined in his or her individualized education plan (IEP), is exempt from the requirements of this subparagraph.

2. Allow the costs of the testing requirement to be covered by the educational scholarships distributed by the scholarship granting organizations.

3. Provide the parents of each student who was tested with a copy of the results of the tests on an annual basis, beginning with the first year of testing.

4. Provide the test results to the Department of Revenue on an annual basis, beginning with the first year of testing.

5. Report student information that allows the state to aggregate data by grade level, gender, family income level, and race.

6. Provide graduation rates of those students benefitting from educational scholarships to the Department of Revenue or an organization chosen by the state in a manner consistent with nationally recognized standards.

7. Ensure that a student who receives an educational scholarship conforms to the attendance requirements of the qualifying school. If a student fails to conform, the qualifying school shall immediately communicate the failure to the applicable scholarship granting organization.

8. Ensure that an eligible student with unique needs who satisfies the requirements outlined in subparagraph 1. is exempt from taking state achievement tests.

9. Ensure that an eligible student with unique needs is not enrolled in a public school or public school program while participating in the scholarship program.

b. The Department of Revenue may bar a qualifying school or educational service provider from the program if the Department of Revenue discovers that the qualifying school or educational service provider has done either of the following:

1. Routinely failed to comply with the accountability standards established in this chapter.

2. Failed to provide the eligible student with the educational services funded by the program.

c. If the Department of Revenue makes the determination to bar a qualifying school or educational service provider from the program, the Department of Revenue shall notify eligible students and their parents of this decision as soon as practicable. The Department of Revenue shall coordinate the timing to coincide with the end of the school year.

d.1. The Department of Revenue shall select an independent research organization, which may be a public or private entity or university, to analyze the results of the testing required by paragraph a. every other academic year. The cost of analyzing and reporting on the test results to the Department of Revenue by the independent research organization shall be borne by all scholarship granting organizations in proportion to the total scholarship donations received for the two calendar years prior to the report being published. Scholarship granting organizations may receive and use funds from outside sources to pay for its share of the biennial report.

2. The independent research organization shall report to the Department of Revenue every other year on the learning gains of students receiving educational scholarships and the report shall be aggregated by the grade level, gender, family income level, number of years of participation in the tax credit scholarship program, and race of the student receiving an educational scholarship. The report shall also include, to the extent possible, a comparison of the learning gains of students participating in the tax credit scholarship program to the statewide learning gains of public school students with socioeconomic and educational backgrounds similar to those students participating in the tax credit scholarship program.

3. The first report under this paragraph shall be submitted to the Department of Revenue by September 1, 2016. Each biennial report thereafter shall be submitted to the Department of Revenue on September 1 of the year the report is due. All biennial reports required by this paragraph shall be published on the website of the Department of Revenue.

4. Each scholarship granting organization shall collect all test results from qualifying schools accepting its scholarship recipients and turn over such test results to the independent research organization described in this paragraph by August 15 of each calendar year.

5. The sharing and reporting of student learning gain data under this paragraph shall conform to the requirements of the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g., and shall be for the sole purpose of creating the biennial report required by this paragraph. All parties shall preserve the confidentially of such information as required by law. The biennial report shall not disaggregate data to a level that could identify qualifying schools participating in the tax credit scholarship program or disclose the academic level of individual students.

6. At the same time the biennial report under subparagraph 2. is submitted to the Department of Revenue, the report shall be submitted to the Chair of the Senate Education Policy Committee and the Chair of the House Education Policy Committee.

(d)(1) The Department of Revenue shall adopt rules and procedures consistent with this section as necessary.

(2) The Department of Revenue shall provide a standardized format for a receipt to be issued by a scholarship granting organization to a taxpayer to indicate the value of a contribution received. The Department of Revenue shall require a taxpayer to provide a copy of the receipt when claiming the tax credit pursuant to this section.

(3) The Department of Revenue shall provide a standardized format for a scholarship granting organization to report the information required in paragraphs (b)(1)m. and (b)(1)n.

(4) The Department of Revenue may conduct either a financial review or audit of a scholarship granting organization.

(5) The Department of Revenue may bar a scholarship granting organization or a qualifying school from participating in the tax credit scholarship program if the Department of Revenue establishes that the scholarship granting organization or the qualifying school has intentionally and substantially failed to comply with the requirements in subsection (b) or subsection (c).

(6) If the Department of Revenue decides to bar a scholarship granting organization or a qualifying school from the tax credit scholarship program, the Department of Revenue shall notify affected educational scholarship students and their parents of the decision as quickly as possible.

(7) The Department of Revenue shall publish and routinely update, on the website of the department, a list of scholarship granting organizations in the state, by county.

(8) The Department of Revenue shall publish and make publicly available on its website all annual and quarterly reports required to be filed with it by scholarship granting organizations under paragraphs (b)(1)m. and (b)(1)n.

(e)(1) All schools participating in the tax credit scholarship program shall be required to operate in Alabama.

(2) All schools participating in the tax credit scholarship program shall comply with all state laws that apply to public schools regarding criminal background checks for employees and exclude from employment any individual not permitted by state law to work in a public school.

(3) All qualifying nonpublic schools participating in the tax credit scholarship program shall maintain a website that describes the school, the instructional program of the school, and the tuition and mandatory fees charged by the school, updated prior to the beginning of each semester.

(4) The amount of a scholarship awarded a student to attend a nonpublic school may not exceed the total sum of tuition and mandatory fees normally charged a student to attend the nonpublic school for the same attendance period. The amount of a scholarship awarded a student to attend a public school may not exceed the total state appropriation provided for a student to attend the public school for the same attendance period.

(f) The tax credit provided in this section may be first claimed for the 2013 tax year, but may not be claimed for any tax year prior to the 2013 tax year.

(g)(1) Nothing in this section shall be construed to force any public school, school system, or school district or any nonpublic school, school system, or school district to enroll any student. No qualifying school may enter into any agreement, whether oral or written, with a scholarship granting organization that would prohibit or limit an eligible student from enrolling in the school based on the identity of the scholarship granting organization from which the eligible student received an educational scholarship.

(2) A public school, school system, or school district or any nonpublic school, school system, or school district may develop the terms and conditions under which it will allow a student who receives a scholarship from a scholarship granting organization pursuant to this section to be enrolled, but such terms and conditions may not discriminate on the basis of the race, gender, religion, disability status, or ethnicity of the student or of the student’s parent.

(3) Nothing in this section shall be construed to authorize the violation of or supersede the authority of any court ruling that applies to the public school, school system, or school district, specifically any federal court order related to the desegregation of the local school system’s student population.

(h) Nothing in this chapter shall affect or change the athletic eligibility rules of student athletes governed by the Alabama High School Athletic Association or similar association.
Ala. Code § 16-18A-5 — Alabama Code / Title 16 / Chapter 18A / Section 16-18A-5
Section 16-18A-5 Revenue Bonds - Issuance; Negotiable, Forms, Terms, Etc.; Refunding Bonds; Security
Status: in_force

The authority shall have power and is hereby authorized from time to time to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any of its projects. Such bonds may also be issued to pay off, refund or refinance any outstanding bonds or other obligation of any nature owed by the authority, whether or not such revenue bonds or other obligations shall then be subject to redemption, and the authority may provide for such arrangements as it may determine for the payment and security of the revenue bonds being issued or for the payment and security of the revenue bonds or other obligations to be paid off, refunded or refinanced. The principal, premium, if any, and interest of such revenue bonds shall be payable solely from the revenues, receipts and earnings to be received by the authority in connection with the lease, sale, financing arrangement or other disposition of the project for which the revenue bonds were issued. All revenue bonds issued by the authority are hereby declared to be negotiable for all purposes notwithstanding their payment from a limited source and without regard to any other law or laws. The authority may limit the negotiability of its obligations by issuing the same in nonnegotiable or registered form or by providing for future registration under such terms and conditions as it may choose. All bonds issued by the authority shall be signed by the chairman of the authority and attested by its secretary, and the seal of the authority shall be affixed thereto and any interest coupons applicable to the bonds of the authority shall be signed by the chairman of the authority; provided, that a facsimile signature of one, but not both, of said officers may be printed or otherwise reproduced on any such bonds in lieu of his manually signing the same, and a facsimile of the signature of the chairman of the authority may be printed or otherwise reproduced on any such interest coupons in lieu of his manually signing the same. Any such bonds may be executed and delivered by the authority at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall contain such provisions not inconsistent with the provisions of this chapter and shall bear such rate or rates of interest, payable and evidenced in such manner as may be provided by resolution of the authority. Bonds of the authority may be sold at either public or private sale in such manner and at such price or prices and at such time or times as may be determined by the authority to be most advantageous. The principal of or interest on any bonds issued or obligations assumed by the authority may thereafter at any time (whether before, at or after maturity of any such principal and whether at, after or not exceeding six months prior to the maturity of any such interest) and from time to time be refunded by the issuance of refunding bonds of the authority, which may be sold by the authority at public or private sale at such price or prices as may be determined by the authority to be most advantageous or which may be exchanged from the bonds or other obligations to be refunded. The authority may pay all expenses, premiums and commissions which it may deem necessary and advantageous in connection with any financing done by it. All bonds issued by the authority shall be construed to be negotiable instruments though payable from a specified source. All obligations created or assumed by the authority shall be solely and exclusively an obligation of the authority and shall not create an obligation or debt of any county or municipality or of the state; provided, that the provisions of this sentence shall not be construed to release the original obligor from liability on any bond or other obligation assumed by the authority. Any bonds issued by the authority shall be limited or special obligations of the authority payable solely out of the revenues of the authority specified in the proceedings authorizing those bonds. Any such proceedings may provide that the bonds therein authorized shall be payable solely out of the revenues derived from the operation of all property and facilities, owned or operated by the authority or solely out of the revenues from the operation of any one or more of such property and facilities, or parts thereof, regardless of the fact that those bonds may have been issued with respect to or for the benefit of only certain particular property and facilities of the authority. The authority may pledge for the payment of any of its bonds issued or obligations assumed the revenues from which such bonds or obligations are payable and may execute and deliver a trust indenture evidencing any such pledge or a mortgage and deed of trust conveying as security for such bonds or obligations the property and facilities, or any part of any thereof, the revenues or any part of the revenues from which are so pledged. Any mortgage and deed of trust or trust indenture made by the authority may contain such agreements as the authority may deem advisable respecting the operation and maintenance of the property and the use of the revenues subject to such mortgage and deed of trust or affected by such trust indenture and respecting the rights, duties and remedies of the parties to any such instrument and the parties for the benefit of whom such instrument is made; provided, that no such instrument shall be subject to foreclosure.
Ala. Code § 16-27A-8 — Alabama Code / Title 16 / Chapter 27A / Section 16-27A-8
Section 16-27A-8 Appeals
Status: in_force

Persons who contest a notice of violation and are adjudicated by the court to be responsible for the civil fine may appeal the adjudication for a trial de novo to the circuit court of the county in which the district or municipal court is located, using the procedures that apply to criminal convictions with the following qualifications:

(1) The proceedings shall retain their civil nature on appeal with the circuit court applying the preponderance of the evidence standard.

(2) The person appealing must, as a condition precedent to appeal, pay the civil fine in full, and failure to do so shall divest the circuit court of jurisdiction. If on appeal the circuit court finds that the person is not responsible for payment of the civil fine, the county or municipality shall refund the same without interest within 15 days of receipt of notice of the disposition from the circuit court. If the person is adjudicated by the circuit court to be responsible for payment of the civil fine, then no additional fine may be imposed by the circuit court, but court costs of the circuit court shall be owed by the person adjudicated responsible with 100 percent of the court costs retained by the circuit court. Court costs in the circuit court shall be calculated as are court costs for criminal appeals from the district or municipal court, and in the event the circuit court finds the person appealing not to be responsible, no court costs shall be owed by the county or municipal board of education.

(3) Regardless of the civil nature of the proceedings, the circuit court, in its discretion and for its administrative convenience, may assign case numbers as for criminal appeals and place the appeals on criminal dockets in the same manner as criminal appeals from a district or municipal court.
Ala. Code § 16-6A-15 — Alabama Code / Title 16 / Chapter 6A / Section 16-6A-15
Section 16-6A-15 Tuition Grant Program for Certified Teachers; Limitations on Tuition Reimbursement; Letter of Commitment; Withholding Records Upon Failure to Satisfy Agreement
Status: in_force

The Alabama Commission on Higher Education shall implement a tuition grant program for certified teachers. Tuition grants in institutions of higher education for adding mathematics, science, computer education or other critical needs areas to their certificates shall be provided to able teachers certified in subject areas not designated critical needs areas. The Alabama Commission on Higher Education shall adopt rules to implement the mathematics, science, computer education or other critical needs areas tuition reimbursement program. Any full-time regularly certified public school teacher in Alabama shall be eligible for this program. Tuition reimbursement shall be limited to courses in mathematics, science, computer education or other critical areas as determined by the board. Such courses shall be graduate level courses leading to a new certification area or approved undergraduate courses leading to a new certification area. Participants may receive tuition reimbursements not to exceed 36 semester or 54 quarter hours in an approved teacher education program in Alabama; such reimbursement shall not exceed $4,000.00 per annum. All reimbursements will be contingent on the participant’s maintaining a B average on all work attempted. Teachers participating in the tuition reimbursement program shall be eligible for all summer programs and other programs and incentives open to mathematics, science and computer education teachers. Each tuition reimbursement recipient must sign a letter of commitment to the Alabama Commission on Higher Education agreeing that upon the completion of coursework required for certification in a critical needs area, he will teach two full years of secondary mathematics, science, computer education or other critical needs area for each full academic year the grant is received. The Executive Director of the Alabama Commission on Higher Education shall require Alabama institutions of higher education to withhold the release of any records of a recipient who fails to satisfy his agreement with the Alabama Commission on Higher Education.
Ala. Code § 16-44A-31 — Alabama Code / Title 16 / Chapter 44A / Section 16-44A-31
Section 16-44A-31 Citizenship Trust Established
Status: in_force

(a) The State of Alabama hereby establishes and authorizes the Citizenship Trust, herein referred to as the “trust.”

(b) The purpose of the trust is to strengthen and renew the foundation of American liberty and self-government through citizenship education. The trust shall provide students with high quality educational programs, learning experiences, and resources inside and outside the classroom which enhance their understanding and appreciation of the principles of American citizenship, and knowledge of the Constitution, Bill of Rights, and other essential foundations of the American Republic, and which encourage them to serve and lead their communities, state, and nation as active, responsible, informed, and law-abiding citizens. Programs shall be focused on improving student learning and achievement in the critical academic areas of American history, government, civics, and citizenship.

(c) The trust shall encourage voluntary, cooperative, and nonduplicative efforts to expand high quality citizenship education programs for students. Members may include any public, private, or nonprofit organization, entity, or individual who subscribes to the purpose. Members may choose to participate or not participate in any programs of the trust, and membership shall in no way restrict, diminish, impinge upon, create obligations of, or limit the autonomy of the respective member parties. The elected officials of any governmental unit which is a member and who desire to do so shall serve as ex officio members. There shall be an annual meeting or assembly, at a time and place to be determined by the board of trustees, of the members to hear progress reports, share ideas of successful citizenship education projects, and make recommendations to the board of trustees.

(d) The Citizenship Trust shall be domiciled in Shelby County, Alabama, and shall be constituted as a public not-for-profit educational corporation upon the filing of these articles with the Secretary of State. It is the intent that the Citizenship Trust shall be qualified as a Section 501(c)(3) organization under the Internal Revenue Code and regulations of the United States, and that none of the net proceeds of the trust shall ever inure to the personal, private benefit of an individual.

(e) The Citizenship Trust shall be governed by a board of directors, designated the board of trustees (herein called the “board”), and elected in accordance with bylaws of the Trust. There shall be a chair, vice chair, secretary, and other officers as determined by the bylaws. The board membership shall be diverse and broadly representative, and at least one fourth of its members shall be Black.

(f) The board shall adopt and revise its bylaws consistent with the laws of Alabama. A copy shall be filed with the Secretary of State.

(g) The trust shall develop, share, conduct, and encourage citizenship educational programs and experiences through instructional materials, resources, a demonstration classroom, exhibition, and educational resource facility programs, and through programs and experiences extended and available for use in classrooms, schools, and other citizenship organizations by television, technology, teacher services, educational resource materials, and other means.

(h) The trust shall encourage close cooperation and exchange of ideas and successful programs. Participation in its programs and services shall be voluntary. The trust shall focus its efforts on citizenship education and shall not provide community leadership organization programs. The trust shall encourage its members to work together to create a new generation of citizens mindful of the rich blessings of their American citizenship, who are knowledgeable not only of its privileges but of its responsibilities as well, and who are committed to serving their communities, state, and nation as law-abiding, informed, active, and responsible citizens.

(i) The board may designate the trust by another name, but the name shall include the words “Citizenship Trust,” and the designation shall in no way affect any of the rights, privileges, or responsibilities of the trust. In the event of dissolution of the trust, which may be accomplished only by legislative act, the residual assets shall be distributed to another public corporation or organization which is exempt from federal income tax as an organization described in Section 501(c)(3) of the Internal Revenue Code.