Ala. Code § 16-25-154 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-154
Section 16-25-154 Restoration to Active Service
Status: in_force

Any member of the Teachers’ Retirement System who has participated in DROP and withdraws from service under Section 16-25-151 is not eligible to be restored to active service pursuant to subsection (i) of Section 16-25-14 or subsection (f) of Section 36-27-12. Rather, the employee shall be restored to active service pursuant to subdivision (3) of subsection (c) and subdivision (3) of subsection (d) of Section 16-25-151.
Ala. Code § 16-60-37 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-37
Section 16-60-37 Reports
Status: in_force

It shall be the duty of the board of trustees to make or cause to be made to the Legislature at each session thereof a full report of its transactions and of the condition of the college, embracing an itemized account of all receipts and disbursements on account of the college by those charged with the administration of its finances. A copy of this report shall be submitted to the boards of education and to the county commissions of Franklin, Marion and Winston Counties, to the governing bodies of each municipality and to the city board of education of any municipality having such a board of education within such counties.
Ala. Code § 16-6D-6 — Alabama Code / Title 16 / Chapter 6D / Section 16-6D-6
Section 16-6D-6 Innovation Plan
Status: in_force

(a) The innovation plan of a local school system shall include, at a minimum, all of the following:

(1) The school year that the local school system expects the school flexibility contract to begin.

(2) The list of state laws, rules, and policies, including rules and policies adopted by the State Board of Education and the State Department of Education, that the local school system is seeking to waive in its school flexibility contract.

(3) A list of schools included in the innovation plan of the local school system.

(b) A local school system is accountable to the state for the performance of all schools in its system, including innovative schools, under state and federal accountability requirements.

(c) A local school system may not, pursuant to this chapter, waive requirements imposed by federal law, requirements related to the health and safety of students or employees, requirements imposed by ethics laws, requirements imposed by the Alabama Child Protection Act of 1999, Chapter 22A of this title, requirements imposed by open records or open meetings laws, requirements related to financial or academic reporting or transparency, requirements designed to protect the civil rights of students or employees, requirements related to the state retirement system or state health insurance plan, or requirements imposed by Act 2012-482. This chapter may not be construed to allow a local school system to compensate an employee at an annual amount that is less than the amount the employee would otherwise be afforded through the State Minimum Salary Schedule included in the annual Education Trust Fund Appropriations Act. No local school system shall involuntarily remove any rights or privileges acquired by any employee under the Students First Act of 2011, Chapter 24C of this title. Except as provided for a priority school pursuant to subsection (f), no plan or program submitted by a local board of education may be used to deny any right or privilege granted to a new employee pursuant to the Students First Act of 2011.

(d) Any provision of subsection (c) to the contrary notwithstanding, upon recommendation by the local superintendent and approval of the local board of education, a priority school shall have the same flexibility provided to a public conversion charter school so long as the priority school shows growth in student assessments. If student growth does not occur within five years, flexibility shall be revoked.

(e) No provision of this chapter shall be construed or shall be used to authorize the formation of a charter school.

(f) Any provision of subsection (c) to the contrary notwithstanding, nothing in this chapter shall be construed to prohibit the approval of a flexibility contract that gives potential, current, or future employees of a priority school within the local school system the option to voluntarily waive any rights or privileges already acquired or that could potentially be acquired as a result of attaining tenure or nonprobationary status; provided, however, that any employee provided this option is also provided the option of retaining or potentially obtaining any rights or privileges provided under the Students First Act of 2011, Chapter 24C of this title.

(g) The State Department of Education shall finalize all school data and the local school system shall seek approval of the local board of education before final submission to the State Department of Education and the State Board of Education.

(h) The final innovation plan, as recommended by the local superintendent of education and approved by the local board of education, shall accompany the formal submission of the local school system to the State Department of Education.

(i) Within 60 days of receiving the final submission, the State Superintendent of Education shall decide whether or not the school flexibility contract and the innovation plan should be approved. If the State Superintendent of Education denies a school flexibility contract and innovation plan, he or she shall provide a written explanation for his or her decision to the local board of education. Likewise, a written letter of approval by the State Superintendent of Education shall be provided to the local board of education that submitted the final school flexibility contract and innovation plan.

(j) The State Board of Education shall adopt any necessary rules required to implement this chapter including, but not limited to, all of the following:

(1) The specification of timelines for submission and approval of the innovation plan and school flexibility contract of a local school system.

(2) An authorization for the State Department of Education, upon approval by the State Board of Education after periodic review, to revoke a school flexibility contract for noncompliance or nonperformance, or both, by a local school system.

(3) An outline of procedures and necessary steps that a local school system shall follow, upon denial of an original submission, to amend and resubmit an innovation plan and school flexibility contract for approval.
Ala. Code § 16-49-50 — Alabama Code / Title 16 / Chapter 49 / Section 16-49-50
Section 16-49-50 Short Title
Status: in_force

This article shall be cited as the “State Black Archives, Research Center and Museum.”
Ala. Code § 16-25-102 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-102
Section 16-25-102 Adjustment of Survivor Allowance
Status: in_force

The survivor allowance shall be adjusted as provided in Sections 16-25-100 and 16-25-101 for those eligible retirees who have selected a monthly survivor allowance payable to a designated beneficiary upon the death of the retiree.
Ala. Code § 16-44C-13 — Alabama Code / Title 16 / Chapter 44C / Section 16-44C-13
Section 16-44C-13 Consistent Effect and Conflict with Other State Laws
Status: in_force

(a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with this compact.

(b) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with this compact are superseded to the extent of the conflict.

(c) All permissible agreements between the commission and the member states are binding in accordance with their terms.
Ala. Code § 16-47-35 — Alabama Code / Title 16 / Chapter 47 / Section 16-47-35
Section 16-47-35 Authority of Trustees to Dispose of Property
Status: in_force

The Board of Trustees of the University of Alabama may sell, lease or otherwise dispose of, all or any part of such land as has been or may be selected under and by virtue of an act of Congress entitled, “An act to increase the endowment of the University of Alabama from the public school lands in said state,” approved April 23, 1884, and may sell lands or any interest therein or part thereof for such prices and upon such terms as to it may seem proper. Such sales may be for cash or for part cash, and the said Board of Trustees of the University of Alabama shall not be limited by any statute heretofore enacted as to what part of the purchase price of such lands which it has heretofore sold or may hereafter sell shall be in cash, but the percent of the purchase price of such lands that may have been or shall be in cash shall be such as said Board of Trustees of the University of Alabama may agree upon with the purchaser or purchasers.
Ala. Code § 16-13-14 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-14
Section 16-13-14 Advancement of Expenses of Members and Employees of County and City Boards of Education; Itemized Statement of Expenses to Be Presented and Approved Upon Return of Member or Employee
Status: in_force

(a) City and county boards of education, the Department of Youth Services School District and the Alabama Institute for Deaf and Blind are hereby authorized to pay in advance such reasonable sums as may be required for registration and travel expenses for their members and employees to participate in approved meetings and conferences. No sum shall be advanced from the treasury of any city or county board of education in this state for the purpose of defraying the expenses of any member or employee of such board while traveling or remaining beyond the limits of such board unless the same shall first be included in the budget of such board or approved by a majority vote of the board, which said motion shall state the purpose and object of such expenditure.

(b) When any sum is advanced to a member or employee of any board of education to be used to defray expenses incurred while traveling beyond the borders of the school district, the member or employee shall submit such itemized statements of expenses as may be required by law immediately upon return of the member or employee. Failure to present and have approved such statement shall render such member or employee personally liable to the county or city board of education for the sum advanced, which sum shall, if such member or employee is drawing pay for his services from the county or city board of education, be deducted from any sum then or in the future owed by the county or city board of education to such member or employee.
Ala. Code § 16-5-54.1 — Alabama Code / Title 16 / Chapter 5 / Section 16-5-54.1
Section 16-5-54.1 Individuals Eligible for Benefits; Eligibility Criteria. (Amended by 2026-303)
Status: in_force

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

(a) Beginning in the fall semester of 2021, the benefits outlined in subsection (a) of Section 16-5-54 shall apply to the following eligible individuals, pending authorization to teach in Alabama and subsequent employment in an Alabama public school:

(1) An individual who graduated from a regionally accredited college or university in Alabama or in another state who is certified to teach math, science, or computer science in another state, and who may or may not reside within Alabama.

(2) An individual who resides in another state and is a graduate of a State Board of Education approved program in math, science, or computer science, at the baccalaureate or master’s level after the 2021 spring semester term from an approved Alabama institution and who holds an initial middle-level or secondary professional educator certificate endorsed in math, science, or computer science that was issued based upon completion of the approved program in math, science, or computer science. A teacher who only earns a passing score on the Praxis test in math, science, or computer science to add a certificate endorsement for math, science, or computer science and who has not completed an entire approved program, does not satisfy this requirement.

(b) The individuals listed in subsection (a) shall also satisfy all of the following criteria:

(1) Hold a valid Alabama professional educator certificate endorsed in middle-level or secondary math, science, or computer science, or any combination of the three.

(2) Teach a schedule in which at least three-fourths of the full-time teaching load is comprised of math, science, or computer science courses for which the teacher is properly certified in an Alabama public school system.

(3) Be citizens or lawful permanent residents of the United States.

(4) Have outstanding federal student loans, subsidized or unsubsidized.

(5) Satisfy additional continuing eligibility criteria established by the commission.

(c) In order to receive an additional supplement pursuant to this article, in addition to the criteria listed in subsections (a) and (b), a recipient shall also teach math, science, or computer science courses, or any combination of the three, for which he or she is properly certified, in a school system within the state with an acute teacher shortage in math, science, or computer science, or any combination of the three, as identified by the commission in consultation with the State Department of Education or in a school that has been designated as a failing school, or any other term subsequently adopted to identify underperforming schools, by the State Board of Education or the Legislature.
Ala. Code § 16-6A-16 — Alabama Code / Title 16 / Chapter 6A / Section 16-6A-16
Section 16-6A-16 Plan for In-Service Education Centers; Governing Boards; Requirements of Centers; School Systems to Affiliate with Centers
Status: in_force

(a) A comprehensive plan shall be established by the Governor’s Educational Reform Commission and implemented for the development and location of in-service education centers for the purpose of providing rigorous in-service training in critical needs areas for the state’s public school personnel. These in-service centers shall not replace the plan for in-service education which the State Department of Education adopted by resolution on June 14, 1978. The in-service centers established pursuant to this chapter shall be located in existing institutions of higher education located in strategic areas of the state as recommended by the commission and approved by the Governor. Institutions of higher education where such in-service centers may be located shall have resident faculty members in education and the academic areas taught in the public schools.

(b) In addition, the commission may contract with individuals or institutions to provide approved in-service training as defined in this section.

(c) A governing board shall be organized for each in-service center. The governing board of each center shall include representatives from the State Department of Education, teachers and administrators from the local school systems and the institution of higher education where the center is located. Such governing board shall, in cooperation with the staff of the State Department of Education, determine policy, programs and hours of operation of the particular in-service center.

(d) The in-service centers provided for in this section shall:

(1) Provide a number of days’ training each year, usually in the summer, for instructional personnel in critical needs areas;

(2) Be open at a specified time during the year for use;

(3) Provide specialized help to instructional personnel;

(4) Have a director named from the local institution’s faculty; and

(5) Serve as a data-gathering center for research in areas of public education. Local university, college or community college personnel shall be utilized to conduct the research.

(e) Each local school system shall affiliate with the in-service center in its region and shall participate in the planning of written programs for public school personnel in the area.

(f) All in-service centers shall be fully operative by July 1, 1985.

(g) To carry out the provisions of this section, there is hereby appropriated from the Alabama Special Educational Trust Fund the sum of $500,000.00 for the fiscal year ending September 30, 1985.
Ala. Code § 16-6H-4 — Alabama Code / Title 16 / Chapter 6H / Section 16-6H-4
Section 16-6H-4 Office of Mathematics Improvement
Status: in_force

(a) There is created in the department an Office of Mathematics Improvement, that shall be formed by July 4, 2022. The State Superintendent of Education shall appoint a Director of the Office of Mathematics Improvement whose exclusive focus is K-5 mathematics. The director shall have experience in administrative duties, as an elementary mathematics specialist or coach, and in teaching mathematics in a public elementary school. In addition to necessary state level staff, each AMSTI region of the state shall have at least one Office of Mathematics Improvement regional coordinator, or more based on the needs of the full support and limited support schools in the region, as determined by the Director of the Office of Mathematics Improvement. Each regional coordinator shall have experience in training, supporting, coaching, and teaching K-5 mathematics in elementary public schools focused on mathematics data analysis and mathematics improvement. No employee of the Office of Mathematics Improvement shall be subject to the state Merit System.

(b) The Director of the Office of Mathematics Improvement, in collaboration with the Elementary Mathematics Task Force, shall do all of the following:

(1) Determine the scope and pace of scaling mathematics coaches as provided in Section 16-6H-7.

(2) Monitor the implementation of intensive professional development on foundational mathematics content knowledge, as recommended by the Elementary Mathematics Task Force, for all full support and limited support schools.

(3) Monitor the implementation of screener assessments, diagnostic assessments, and formative assessments for grades K-5 to identify students in need of support for key numeracy concepts. Implementation shall begin with the 2023-2024 school year.

(4) Recommend training and support for educators for the effective implementation and interpretation of diagnostic tools. The diagnostic tool shall be used with students who have been identified as struggling in mathematics based on screeners, diagnostic assessments, benchmark assessments, teacher observation, or any combination of the foregoing.

(5) Designate a team of educators to explore the connection between difficulties with number sense and dyscalculia, as well as possible effective screeners.

(6) Commit necessary resources to understanding the needs of students struggling with number sense or dyscalculia, or both, before implementing instructional practices or assessments that could adversely affect student learning.

(7) Monitor AMSTI mathematics specialist support in all full support and limited support schools.

(8) Monitor the implementation and progress of the Alabama Summer Mathematics Achievement Program in full support schools.

(9) Recommend changes and improvements to AMSTI, any professional learning providers, and local education agencies based on data collected and analyzed by the Office of Mathematics Improvement.

(10) Participate in the development of the Alabama Instructional Leadership framework, the State Academic Intervention framework, and the Turnaround Leadership Academy.

(c) Each Office of Mathematics Improvement regional coordinator shall have experience as a K-5 mathematics specialist or coach and experience teaching K-5 mathematics in a public school.

(d) Office of Mathematics Improvement regional coordinators, with the oversight of the director, shall perform all of the following duties in full support and limited support schools:

(1) Support and monitor the implementation of comprehensive mathematics curricula for core instruction and intervention programs or curricula, or both, approved by the Elementary Mathematics Task Force.

(2) Support and monitor the implementation of a multi-tiered system of support, including response to intervention to monitor progress of struggling students, continually evaluate the effectiveness of instruction, and make more informed instructional decisions.

(3) Support and monitor the implementation of the intensive professional development series on foundational mathematics content knowledge.

(4) Support the Director of the Office of Mathematics Improvement in monitoring the implementation of approved formative assessments, screening assessments, and diagnostic assessments recommended by the Elementary Mathematics Task Force.

(5) Monitor and evaluate data collected from AMSTI and local education agencies to ensure coaching aligns with school needs and make recommendations for improvement to the mathematics coaches as needed to increase student achievement, collaboration, and support.

(6) Monitor the implementation and progress of the Alabama Summer Mathematics Achievement Program in full support schools.
Ala. Code § 16-36-67 — Alabama Code / Title 16 / Chapter 36 / Section 16-36-67
Section 16-36-67 Special Textbooks
Status: in_force

(a) It shall be the duty of the State Board of Education to negotiate with publishers of textbooks or authors of textbooks for the preparation and publication, or either, of special textbooks for use in the public schools of the state. If anyone undertakes the preparation of a special textbook for the purpose of making the textbook more suitable and desirable for use in the public schools of the state, the State Superintendent of Education shall submit the specially prepared textbook or specially arranged textbook to the State Textbook Committee for its findings and ratings as to its desirability and suitability for the purposes offered and these findings and ratings shall be certified to the State Board of Education for its consideration.

(b) If the State Board of Education is unable to obtain what it considers a desirable contract for a special textbook on any particular subject with publishers whose books have been given its approval, the State Board of Education may require the State Superintendent of Education to negotiate with publishers or persons to secure the preparation of a special textbook on the subject or to secure the submission of other texts on the subject for consideration by the State Textbook Committee. The State Board of Education may take other proper action to secure an advantageous contract in behalf of the patrons of the public schools of the state. No special textbook shall be adopted by the board of education unless the textbook has been considered for the purposes for which it was intended to be used by the State Textbook Committee.
Ala. Code § 16-25-17 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-17
Section 16-25-17 Increase in Benefits - Cost-of- Living Increase for Certain Persons
Status: in_force

(a) There is hereby created a cost-of-living increase, not to exceed 15 percent in any case, which shall be applied to the benefit of any retired teacher or any teacher who retires after October 1, 1975, whose retirement benefit, when calculated upon the 2.0125 percent factor, does not result in a benefit increase of 15 percent as compared to the benefit to which such retired member was entitled to receive prior to the implementation of the 2.0125 percent formula factor provided for in Section 16-25-14 and this section.

(b) Any person described in subsection (a) of this section shall be entitled to receive an amount which, when added to the benefit he is entitled to receive after the implementation of the 2.0125 percent formula factor, shall be sufficient to equal an increase of 15 percent above the benefit which such person was entitled to receive prior to the implementation of the 2.0125 percent formula factor provided for in Section 16-25-14 and this section.

(c) Anything in this section to the contrary notwithstanding, if, as of October 1, 1975, the minimum guaranteed annual pension payable to any person who became a member of the Teachers’ Retirement System of Alabama prior to October 1, 1971, shall not be less than an amount which when added to his annuity is equal to $120.00 multiplied by the number of years of the member’s creditable service not in excess of 25 years, in the case of service retirements, and $90.00 multiplied by the number of years of his creditable service not in excess of 25 years, in the case of disability retirements, then such minimum guaranteed annual pension shall be deemed to be the benefit such member was entitled to receive prior to the implementation of the 2.0125 percent formula factor provided for in Section 16-25-14 and this section.
Ala. Code § 16-16-11 — Alabama Code / Title 16 / Chapter 16 / Section 16-16-11
Section 16-16-11 Pledge of Revenues for Payment of Bonds
Status: in_force

(a) For the purpose of providing funds to enable the authority to pay at their respective maturities the principal of and interest on any bonds issued by it under the provisions of this chapter and to accomplish the objects of this chapter, there is hereby irrevocably pledged to such purpose and hereby appropriated such amount of money as may be necessary for such purpose out of the residue of the receipts from the excise tax known as the sales tax levied by Sections 40-23-1 through 40-23-38, after there shall have been taken therefrom the amounts appropriated for other than educational purposes in Section 40-23-35 (which said residue constitutes that portion of the receipts from the said sales tax that is now required by law to be paid into the Education Trust Fund), and after taking from the said residue amounts sufficient to meet all prior charges on the said residue including:

(1) Such amounts as may be necessary to pay the principal of and the interest on the bonds of the State of Alabama issued under Amendment 117 to the Constitution of Alabama; and

(2) Such amounts as may be necessary to pay the principal of and the interest on the bonds of Alabama Education Authority authorized in Sections 16-15-1 through 16-15-10.

(b) If the said residue of the receipts from the said sales tax that remains after taking therefrom the amounts necessary to meet the said prior charges thereon, and that is herein pledged and appropriated, shall be insufficient to pay at their respective maturities the principal of and the interest on the bonds issued under the provisions of this chapter, there is hereby irrevocably pledged to the payment of said principal and interest and hereby appropriated to that purpose so much as may be necessary therefor of the residue of the receipts from the excise tax known as the use tax levied by Sections 40-23-60 through 40-23-88, after there shall have been taken from said receipts the amount necessary to meet the expenses of the State Department of Revenue in collecting the same (which residue constitutes that portion of the receipts from the said use tax that is now required by law to be paid into the Education Trust Fund), and after taking from the said residue such amounts as may be necessary to meet all prior charges on the said residue including:

(1) Such amounts as may be necessary to pay the principal of and the interest on the bonds of the State of Alabama issued under Amendment 117 to the Constitution of Alabama; and

(2) Such amounts as may be necessary to pay the principal of and interest on the said bonds authorized in Sections 16-15-1 through 16-15-10.

(c) All moneys hereby appropriated and pledged shall constitute a sinking fund for the purpose of paying the principal of and the interest on the bonds herein authorized.

(d) As security for the payment of the principal of and interest on the bonds issued under this chapter, the corporation is authorized to pledge the proceeds of the appropriation and pledge herein provided for.
Ala. Code § 16-52-16 — Alabama Code / Title 16 / Chapter 52 / Section 16-52-16
Section 16-52-16 Right, Title and Interest in Property Conveyed to University
Status: in_force

All of the right, title and interest of the State of Alabama in and to the real property acquired by and in the name of the State of Alabama for the use and benefit of the state educational institution formerly known as Jacksonville State College at Jacksonville, Alabama, is hereby conveyed to and vested in Jacksonville State University, the body corporate created by Act No. 239, Regular Session 1967, approved August 16, 1967.
Ala. Code § 16-39-12 — Alabama Code / Title 16 / Chapter 39 / Section 16-39-12
Section 16-39-12 Scholarships for Special Teachers
Status: in_force

The State Board of Education is authorized to make training grants to professional personnel who seek special training in exceptional child education to qualify said personnel to meet professional requirements set forth in said state board’s regulations and shall be responsible for the administration of said program. Such grants are limited to personnel who are under contract to work in the exceptional child program in this state, the training schools, the child training centers and at the various residential facilities for exceptional children throughout the state for such contractual periods as the State Board of Education may by regulation specify and to regular students who plan to work in the exceptional child program in this state and who sign a commitment satisfactory to the State Board of Education that they will take an appropriate available job at any location within the State of Alabama upon graduation or completion of their studies. Such commitments shall be binding upon those who sign them and receive scholarship aid, but the State Board of Education may waive the enforceability thereof in the event of extreme and unforeseen hardship. Each grant shall cover the cost of tuition, housing and food, from a minimum dollar amount for residence enrollment in specific courses approved by the state superintendent under the regulations of the State Board of Education. Said courses for which scholarships may be made available are those offered on the campuses of the institutions of higher learning in this state, except where necessary courses are not offered in this state. Where courses are not offered in this state in the areas requiring certification in exceptional child education, the recipient may receive said grant for attending an out-of-state institution of higher learning approved by the State Board of Education to meet the professional requirements of the State of Alabama.
Ala. Code § 16-13-185 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-185
Section 16-13-185 Expenses of Election
Status: in_force

The officers, including the sheriff, shall perform the same duties and receive the same pay as provided for under the general election laws aforesaid, and all costs and fees of said election shall be paid out of the county treasury.
Ala. Code § 16-2-2 — Alabama Code / Title 16 / Chapter 2 / Section 16-2-2
Section 16-2-2 Duties of Department
Status: in_force

The duties of the Department of Education shall be, through its personnel, to assist in executing the policies and procedures authorized by law and by regulations of the State Board of Education.
Ala. Code § 16-6J-5 — Alabama Code / Title 16 / Chapter 6J / Section 16-6J-5
Section 16-6J-5 Requirements for Education Service Providers
Status: in_force

(a) To be approved by the department, an education service provider must do all of the following:

(1) Submit to the department any information required by the department for implementation of the program, including its address, contact information, and a summary of each program or service it proposes to provide to participating students.

(2) Agree not to refund, rebate, or share any portion of program funds with a parent or student in any manner. Program funds may only be used for qualifying expenses.

(3) Agree to submit annual reports to the department concerning implementation of the program, including the number of students participating, services provided, and other similar information requested by the department.

(4) Agree not to discriminate based on grounds of race, color, or national origin in the provision of its services.

(5) Agree to document amounts received for all qualifying expenses in a manner prescribed by the department.

(6) Agree to comply with the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.

(7) Agree not to discriminate against participating students in setting tuition or fees.

(b) To be approved by the department, a participating school must do all of the following, in addition to satisfying the requirements of subsection (a):

(1) Agree to comply with all applicable health and safety laws or codes.

(2) Hold a valid occupancy permit if required by the municipality where the school is located.

(3) Agree to comply with the Alabama Child Protection Act of 1999, Chapter 22A.

(4) Provide financial statements that demonstrate, to the satisfaction of the department, the school’s ability to adequately provide for participating students’ continued receipt of educational services in the event the school suffers a financial failure. Alternatively, the school may file with the department a surety bond payable in an amount determined by the department to be equal to the aggregate amount of the program funds expected to be paid during the academic year from participating students enrolled at the participating school.

(5)a. Require all participating students receiving program funds to take a standardized assessment aligned to the curricula of the participating school, a nationally norm-referenced achievement assessment, or a nationally recognized aptitude assessment of the participating school’s choice. Students with disabilities for whom testing is not appropriate are exempt from this requirement.

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

c. Provide the department with school-level test results for participating students, provided that no party shall disaggregate data to a level that could identify the academic level of individual students.

(6) Require participating students to make payments of tuition and other fees periodically on a schedule to be established by the department.

(7) Inform the department of a participating student’s graduation, withdrawal from the school, misuse of program funds, or other event affecting the student’s eligibility for the program.

(c) Fulfillment of the agreements made pursuant to subsections (a) and (b) is a requirement of continuing approval as an education service provider or participating school. Failure to fulfill the agreements made pursuant to subsections (a) or (b) shall constitute grounds for the department, in its discretion, to suspend or disqualify the education service provider or participating school from receiving program funds.

(d) A public school that becomes an education service provider under this chapter shall be given maximum flexibility to accommodate participating students and may create a process and establish requirements for accepting, selecting, or limiting the number of allowable participating students who are not assigned to that public school.

(e) No provision of this chapter shall be construed to require any public school, school system, or school district or any nonpublic school, school system, or school district to enroll any student.

(f) The Legislature finds and declares that education service providers, including participating schools, that accept program funds shall be given the maximum freedom possible to provide for the educational needs of students, consistent with state and federal law. To that end, unless clear from the text of this chapter, no provision of this chapter shall be construed to limit the independence or autonomy of any education service provider; to act as a restriction, direction, or mandate regarding instructional content or curriculum provided by any education service provider; to require an education service provider to alter its creed, practices, admissions policies, hiring policies, codes of conduct for employees or students, tuition, or fees; to expand the regulatory authority of the state, its officers, or any school district; or to otherwise deprive or diminish the protections for nonpublic schools, including nonpublic schools with a religious affiliation, available under any source of existing law, including Section 16-1-11.1 or Section 16-1-11.2, or Executive Order No. 733 issued by the Governor on January 20, 2023.

(g) A resident school district shall provide a participating school or other education service provider that has admitted an eligible student under the program with the complete copy of the student’s school records consistent with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g.
Ala. Code § 16-44A-55 — Alabama Code / Title 16 / Chapter 44A / Section 16-44A-55
Section 16-44A-55 Administration of Public Funds
Status: in_force

The following public funds shall be administered by the trust for the support of the Alabama Veterans Living Legacy:

(1) Net proceeds derived from this or any other legislative act and specifically earmarked or designated for the Veterans Living Legacy.

(2) Appropriations, if any, made from the State General Fund or the State Education Trust Fund for the Veterans Living Legacy, by annual or supplemental appropriation acts.

(3) Any support for the Veterans Living Legacy provided by a public contract entered into with the trust by any state institution, agency, or department, or any political subdivision of the state, any of which is hereby authorized.

(4) Support of the Alabama Veterans Living Legacy provided by a grant or appropriation from the United States government.
Ala. Code § 16-60-261 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-261
Section 16-60-261 Authority; Use of Facilities and Personnel of Walker State Technical College
Status: in_force

(a) The academy shall have the authority to enter into cooperative educational and training agreements with educational institutions, state governments, labor organizations, mine operators and related industries. Such training shall be conducted by the academy in accordance with curriculum needs and assignment of instructional personnel established by the user.

(b) The Alabama Mining Academy shall use the facilities and personnel of Walker State Technical College. The president of Walker State Technical College may appoint or assign to the academy such personnel as he deems necessary for the performance of the duties and functions of the academy.

(c) The President of Walker State Technical College is authorized to enter into contractual or other agreements for the performance of such safety-related research.

(d) Walker State Technical College shall be authorized to procure mining equipment and other articles that said institution deems necessary for the preservation of Alabama’s mining history.
Ala. Code § 16-25-6 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-6
Section 16-25-6 Employees of Agricultural Experiment Station of Auburn University
Status: in_force

(a) All persons now employed in an administrative or research capacity by the Agricultural Experiment Station of Auburn University may become members of the Teachers’ Retirement System of Alabama; provided, that such person elects to accept the benefits of this chapter within six months after October 1, 1951. Such persons may signify their desire to become members of the Teachers’ Retirement System by filing written notice with the Secretary-Treasurer of the Teachers’ Retirement System within said six months’ period. Any person hereafter employed in such capacity shall be deemed to be a teacher within the meaning of this chapter and shall be entitled to the benefits thereof.

(b) Any person employed in the capacity as set out in subsection (a) of this section shall be entitled to receive credit for all service as a teacher rendered by him prior to the date of establishment of the retirement system; provided further, that said person may elect to pay to the treasurer of the said retirement system within six months from October 1, 1951, a sum equal to the total contributions which he would have made as a member during the period of his employment by the Agricultural Experiment Station from September 1, 1941, to October 1, 1951.
Ala. Code § 16-9-11 — Alabama Code / Title 16 / Chapter 9 / Section 16-9-11
Section 16-9-11 Vacancies
Status: in_force

(a) A vacancy in the position of county superintendent shall be filled by the county board of education within 180 days after such a vacancy occurs. Within 90 days after the occurrence of a vacancy, the county board of education shall announce, in a regularly or specially called meeting, a proposed process and time-line for posting and selecting a superintendent.

(b) In the event such vacancy is not filled by the county board of education within 180 days, the state superintendent shall withhold state warrants until the vacancy is filled unless the board, to the satisfaction of the state superintendent, exhibits good faith and reasonable effort in progress toward selecting a superintendent.

(c) Notice of a vacancy in the position of an appointed county superintendent of education shall be posted by the county board of education. The notice shall be posted in a conspicuous place at each school campus and worksite at least 30 calendar days before the position is to be filled. The notice shall remain posted until the position is filled and shall include, but not necessarily be limited to, all of the following:

(1) Job description and title.

(2) Required qualifications.

(3) Salary range.

(4) Information on where to submit an application.

(5) Information on any deadlines for applying.

(6) Any other relevant information.

(d) The board may adopt or continue policies which are not inconsistent with this section. Whenever a vacancy occurs in the position of an appointed county superintendent of education, the county board of education may appoint an interim superintendent to serve for up to 180 days. The interim superintendent shall satisfy the minimum qualifications required for service as a county superintendent of education. The county board of education, pertaining only to the interim superintendent’s position, shall not be required to post the position. The adoption of additional policies shall comply with the requirements and procedures of Section 16-1-30.

(e) Substantive, willful violation of the notice requirements of this section shall void any related employment action taken by the board.
Ala. Code § 16-25-81 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-81
Section 16-25-81 Cost-of-Living Increase Provided for Certain Retirees Participating Under Section 36-27-6
Status: in_force

(a) Commencing October 1, 1993, there is provided to certain persons identified in subsection (b) of this section who are currently receiving benefits, whose effective date of retirement was prior to October 1, 1992, for purposes of receiving benefits from the Employees’ Retirement System, and to certain beneficiaries of deceased members and deceased retirees who are currently receiving survivor benefits if the effective date of retirement or death for the deceased member or retiree was prior to October 1, 1992, for purposes of receiving benefits from the Employees’ Retirement System, a cost-of-living increase as follows:

(1) 1.28 percent of the current gross benefit paid to the retiree and to certain beneficiaries of deceased members and deceased retirees.

(2) One dollar and twenty-eight cents ($1.28) per month for each year of service attained by the retiree for each retiree selecting the maximum retirement allowance or option one.

(3) One dollar and twenty-eight cents ($1.28) per month for each year of service attained by the retiree reduced by the retiree’s option election factor for each retiree selecting options two, three, or four.

(4) One dollar and twenty-eight cents ($1.28) per month for each year of service attained by the deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Employees’ Retirement System.

(5) One dollar and twenty-eight cents ($1.28) per month for each year of retirement attained by the retiree and certain beneficiaries of deceased members and deceased retirees.

(6) One dollar and twenty-eight cents ($1.28) per month for each year of retirement attained by the retiree reduced by the retirees option election factor for each retiree selecting options two, three, or four.

(7) One dollar and twenty-eight cents ($1.28) per month for each year of retirement attained by the deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Employees’ Retirement System.

(b) The benefits provided in this section are limited to those retirees whose participation in the Employees’ Retirement System was based on Section 36-27-6, and whose employer at the time of retirement was a local board of education or a state supported institution of higher education. The benefits granted in this section shall not apply to any other participants in the Employees’ Retirement System.
Ala. Code § 16-60-60 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-60
Section 16-60-60 Secretary
Status: in_force

The board of trustees of the college shall elect a secretary for the school who shall hold office for the term prescribed by the board and shall receive such compensation as may be fixed by the trustees and shall perform such services as may be required of him.
Ala. Code § 16-36-69 — Alabama Code / Title 16 / Chapter 36 / Section 16-36-69
Section 16-36-69 Use of Textbooks
Status: in_force

(a) All textbooks furnished free of charge to pupils shall be the property of the local board of education, as long as textbook funds are expended as prescribed by law.

(b) When distributed to pupils the textbooks shall be retained for normal use only during the period they are engaged in a course of study for which the textbooks are selected. At the completion of each course of study or otherwise at the instructions of the principal or teacher in charge, the textbooks shall be returned as directed. A receipt shall be required from each pupil, parent, or guardian upon issuance of any textbook, which receipt shall be retained until the return of the textbook.

(c) The parent, guardian, or other person having custody of a child to whom textbooks are issued shall be held liable for any loss, abuse, or damage in excess of that which would result from the normal use of the textbooks. In computing the loss or damage of a textbook which has been in use for a year or more, the basis of computation shall be a variable of 50 to 75 percent of the original cost of the book to the local board of education. If the parent, guardian, or person having custody of the child to whom the textbook was issued fails to pay the assessed damages within 30 days after notification, the student shall not be entitled to further use of the textbooks until remittance of the amount of loss or damage has been made.

(d) All remittances for damages or from the sale of textbooks shall be deposited to the credit of the local textbook fund and shall be used for the repair, maintenance, and replacement of textbooks.

(e) The respective local boards of education may waive the payment as provided in this section if in their judgment the respective parent or guardian is not financially able to make the payment. The local system shall contribute from local funds sums equal to the amount waived.

(f) Pupils enrolled in the public schools or any parent or guardian of the pupil may buy textbooks at the price paid for them by the local board of education. All contracts made with publishers shall so provide. Each local board of education may provide for the sale of such textbooks as may be needed by pupils for whose grades or courses free textbooks are not furnished. Sale of these textbooks may be made by the local board of education in the school system of which the pupil is enrolled. The local board of education may make such sales through a designated employee or agent thereof. No handling charge allowed from the sale shall inure to any member, officer, or employee of any local board of education.

(g) All books issued by the separate schools and school systems may be used by pupils to whom issued in the same manner and to the same extent as though the books were owned by the pupils, their parents, or guardians as the case may be, except that such pupils, parents, or guardians shall be liable for such loss or damage to books as provided in this section and for the return of the textbook.

(h) Any local agent, dealer, clerk, or other person handling or selling the books adopted as school textbooks, who shall demand or receive for any copy of any of the books so adopted more than the contract price shall be guilty of a misdemeanor and, upon conviction, shall for each offense be punished by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500).
Ala. Code § 16-3-33 — Alabama Code / Title 16 / Chapter 3 / Section 16-3-33
Section 16-3-33 Providing Instruction Not Available at State-Supported Institutions - College or University Instruction
Status: in_force

The State Board of Education, under such rules and regulations as it shall determine, may provide assistance for residents of Alabama for instruction on the college or university level at private nondenominational institutions when such instruction is not available to such residents at public, state-supported educational institutions in Alabama. The State Board of Education shall, by its rules and regulations, determine the qualifications of persons who may be aided under the provisions of this section, and the decision as to the qualifications of persons by the State Board of Education shall be final. The State Board of Education may provide assistance for instruction on the college or university level at any private nondenominational institution as it deems necessary, within or without the state boundaries. The State Board of Education shall provide assistance for such college or university instruction within the limits of the appropriations available for this purpose at a cost per student not exceeding the probable cost of such instruction if it were available at a state-supported institution. The State Board of Education, in providing assistance in such instruction, may take into account differences in travel, tuition and living expenses.
Ala. Code § 16-47-10 — Alabama Code / Title 16 / Chapter 47 / Section 16-47-10
Section 16-47-10 Police Officers - Appointed by President; Powers and Duties Generally
Status: in_force

The president of the university may appoint or employ one or more suitable persons to act as police officers to keep off intruders and prevent trespass upon and damage to the property of the university. Such person shall be charged with all the duties and invested with all the powers of police officers. The officer may eject trespassers from the university buildings and grounds. The officer may, without warrant, arrest persons who commit disorderly conduct, or trespass on the property of the institution, or in any circumstance in which an arrest by a police officer without a warrant is authorized by law, and carry them before the nearest district court or municipal court charged with the trial of such offenders. Upon proper affidavit charging the offense, the person arrested may be tried by the court and convicted as in case of persons brought before the court on a warrant. The officer or officers may summon a posse comitatus.
Ala. Code § 16-22-9 — Alabama Code / Title 16 / Chapter 22 / Section 16-22-9
Section 16-22-9 Educational Authority Sick Leave Bank Plans. (Amended by Act 2026-523)
Status: in_force

AMENDED BY ACT 2026-523, EFFECTIVE JULY 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) The following terms shall have the following meanings, respectively:

(1) CATASTROPHIC ILLNESS. Any illness, injury, or pregnancy or medical condition related to childbirth, certified by a licensed physician which causes the employee to be absent from work for an extended period of time.

(2) CHIEF EXECUTIVE OFFICER. The superintendent of any public county or city school system; the President of the Alabama Institute for Deaf and Blind; the president of any two-year school or college under the auspices of the State Board of Education; the President of Alabama Agricultural and Mechanical University; the Superintendent of the Department of Youth Services School District; the Executive Director of the Alabama School of Fine Arts; and the Executive Director of the Alabama High School of Mathematics and Science.

(3) EDUCATIONAL AUTHORITY or AUTHORITY or BOARD. Each city and county board of education; the Board of Trustees of the Alabama Institute for Deaf and Blind; the Alabama Youth Services Board in its capacity as the Board of Education for the Department of Youth Services School District; the Board of Directors of the Alabama School of Fine Arts; the Board of Directors of the Alabama High School of Mathematics and Science; the State Board of Education as applied to two-year postsecondary institutions; and the Board of Trustees of Alabama Agricultural and Mechanical University.

(4) EMPLOYEE. Any person employed by the educational authority on a full-time or part-time basis.

(5) SICK LEAVE BANK COMMITTEE. A committee of five employees, one representing the authority and four representing the participating members of the sick leave bank.

(b) An educational authority, upon the request of 10 percent of its full-time certificated and full-time support personnel, shall establish a sick leave bank plan for each of the two groups either jointly or separately. The decision whether to have a joint or separate sick leave bank shall be the exclusive decision of the employees, utilizing a secret balloting process.

(c) At the beginning of each scholastic year, an election shall be held among the sick leave bank members to determine by secret ballot the four members who are to serve on the sick leave bank committee. The term of office shall be one year. The chief executive officer of the authority shall be responsible for conducting the election in a fair and equitable manner, ensuring the confidentiality of the secret balloting process. The chief executive officer of the authority shall also appoint the authority’s representative on the committee, subject to board approval.

(d) Notwithstanding any other provision of law to the contrary, it shall be the exclusive responsibility of the sick leave bank committee to write the guidelines and administrative procedures of the sick leave bank, including the catastrophic leave provisions of this section. It shall also be the committee’s duty to develop all necessary forms for the orderly operation and administration of the sick leave bank and catastrophic leave provisions of this section. To ensure the orderly transfer and acceptance of catastrophic sick leave days from one sick leave bank to another, the State Board of Education shall provide a uniform state form.

(e) Each plan shall allow the employees to deposit an equal number of days (not to exceed five) of his or her earned sick leave into the bank. The days deposited shall be available to be loaned to any participating member whose sick leave has been exhausted.

(f) Upon the establishment of a sick leave bank, the sick leave bank committee shall establish procedures providing for the uniform administration of the sick leave bank. Guidelines shall be developed by the sick leave bank committee for the operation of the sick leave bank. The guidelines shall be approved by a secret ballot vote of the participating members of the sick leave bank. The accounting of the sick leave bank shall be the responsibility of the authority. Vacancies occurring on the committee shall be filled by the respective parties. No representative on the committee shall serve for a term longer than five years.

(g) Each sick leave bank’s guidelines shall include the regulations of this section. Additional guidelines shall be adopted by the sick leave bank committee as may be deemed appropriate and beneficial. No board or sick leave bank committee shall adopt any regulation which conflicts with the following general regulations:

(1) No employee shall be allowed to owe more than 15 days to the sick leave bank, unless over 50 percent of the members of the bank vote to extend the limit.

(2) Appropriate administrative forms for administering the sick leave bank shall be developed by the sick leave bank committee.

(3) Sick leave days shall be repaid to the sick leave bank monthly as re-earned by the member. Upon the resignation or other termination of an employee who has an outstanding loan of sick leave days, the value of the loan shall be deducted from the final paycheck at the employee’s prevailing rate of pay.

(4) A member of the sick leave bank shall not be allowed to accumulate more days than allowed in Section 16-1-18.1, including days in the sick leave bank.

(5) Employee membership in the sick leave bank shall be voluntary.

(6) Any alleged abuse of the use of the sick leave bank shall be investigated by the sick leave bank committee. On the finding of wrongdoing, the member shall repay all of the sick leave credits drawn from the sick leave bank and be subject to other appropriate disciplinary action as determined by the local authority.

(7) Upon retirement or transfer of the sick leave bank member, days on deposit with the sick leave bank shall be withdrawn and transferred with the employee or made accessible for retirement credit, as applicable.

(8) Before being eligible to use catastrophic sick leave days, the member of the sick leave bank shall first borrow and utilize days from the sick leave bank, up to a maximum of 15 days. However, if the member later qualifies for catastrophic sick leave, donated catastrophic sick leave days may be used to repay days owed to the sick leave bank to the credit of the affected member.

(9) At the beginning of the scholastic year, or upon employment of a new employee, as the case may be, the appropriate number of sick leave days shall, upon application of the employee, be credited to the employee’s account to enable the employee to join the sick leave bank if the employee does not have the minimum number of sick leave days to enable him or her to join the bank. The sick leave bank committee shall develop in its guidelines a provision whether or not to allow other employees who have previously failed or refused to join the sick leave bank the option to join upon deposit of the prerequisite number of sick leave days. Any policy developed by the sick leave bank committee shall be uniformly applied to all employees.

(h) Catastrophic sick leave. Employees, at their discretion, may donate a specific number of days to the sick leave bank to be designated for a specific employee for use against a catastrophic illness as defined by this section. A donating employee shall not be required to donate a minimum number of catastrophic days to the sick leave bank. The recipient employee may use catastrophic sick leave days for himself or herself or for other covered persons as provided in Section 16-1-18.1. Before sick leave days for a catastrophic illness may be used by a recipient employee, the recipient employee shall have first exhausted all sick and personal leave. Donated days shall become available for use by the particular employee who shall not be required to repay the days. Any employee who donates sick leave days to the sick leave bank for a particular employee suffering from a catastrophic illness shall be clearly informed that the donated days are not to be recovered or returned to the donor. If a particular employee does not require all of the days donated to the credit of the employee, the days shall revert to the credit of those employees who donated the days in accordance with the guidelines adopted by the sick leave bank committee. No employee may donate more than 30 sick leave days, exclusive of the provisions of subsection (e), to the sick leave bank for the catastrophic sick leave of any one employee. A sick leave bank is authorized to donate sick leave days to another sick leave bank for use by a particular employee who is suffering a catastrophic illness. An employee must be a member of the sick leave bank to donate or receive catastrophic sick leave days.

(i) Compliance required. If an authority fails to comply with this section within 30 calendar days after receiving the petition to establish a sick leave bank, the State Superintendent of Education (for the public schools), the Chancellor of Postsecondary Education (for the two-year postsecondary schools), or the president of the governing board of trustees (for four-year colleges and universities) shall investigate the situation and shall immediately take due and appropriate steps to ensure compliance with this section.
Ala. Code § 16-47-92 — Alabama Code / Title 16 / Chapter 47 / Section 16-47-92
Section 16-47-92 Appropriations to University of Alabama Not Affected
Status: in_force

Since it is the purpose of this article to establish and maintain a standard four-year medical school to be administered by the University of Alabama, and since the university, in order to carry out that purpose, must itself necessarily continue to be accredited by the national and regional standardizing agencies, it is hereby expressly provided that appropriations made under this article, being set apart exclusively for the school of medicine and for no other purpose, shall not adversely affect appropriations made to the university in support of its other schools, colleges, divisions and activities.
Ala. Code § 16-40-1 — Alabama Code / Title 16 / Chapter 40 / Section 16-40-1
Section 16-40-1 Physical Education Required; Exemption of Church Schools from Operation of This Section
Status: in_force

Every public school and private school, except church schools as defined in Section 16-28-1, shall carry out a system of physical education, the character of which shall conform to the program or course outlined by the Department of Education.
Ala. Code § 16-60-26 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-26
Section 16-60-26 Appropriations by Counties and Municipalities Therein for College; Use of Public School Funds
Status: in_force

The governing bodies of the Counties of Franklin, Marion and Winston and of each municipality in such counties are hereby authorized to appropriate funds in their respective treasuries, not otherwise appropriated, to be used for the acquisition of land and the construction thereon of buildings suitable for the college, or for the purchase of existing buildings adaptable to use for the college and the lands on which they are located. After the establishment of the college, such counties and the municipalities therein may make annual appropriations for the maintenance, support and operation of the college. The board of education of each of these counties and the board of education of every incorporated municipality having such a board within these counties may allocate, use and expend public school funds under their jurisdiction in aid of the establishment, maintenance and operation of the college and provide transportation facilities to students attending the college, or such other facilities for students as the board of trustees approves.
Ala. Code § 16-47-131 — Alabama Code / Title 16 / Chapter 47 / Section 16-47-131
Section 16-47-131 Clinical and Other Educational Facilities
Status: in_force

The University of Alabama is authorized to secure clinical and other educational facilities for the students of the nursing school in approved hospitals and health agencies and institutions by contract or other arrangements.
Ala. Code § 16-23-15 — Alabama Code / Title 16 / Chapter 23 / Section 16-23-15
Section 16-23-15 Supervision of Teacher-Training Institutions; Advisory Council
Status: in_force

It shall be the duty of the State Superintendent of Education, or his professional assistants, to exercise general supervision over the teacher-training institutions under the control of the State Board of Education subject to other provisions of this chapter. The State Superintendent of Education, together with the deans or directors of the schools of education in the state-supported institutions of higher learning, shall constitute an Advisory Council on Teacher-Training.
Ala. Code § 16-12-14 — Alabama Code / Title 16 / Chapter 12 / Section 16-12-14
Section 16-12-14 Report Required by State Board
Status: in_force

The city superintendent of schools shall prepare, or cause to be prepared, and submit to the city board of education for adoption, all reports required by the State Board of Education, and he shall prepare, or cause to be prepared, and submit to the city board of education a school report as provided in this title.
Ala. Code § 16-35-3 — Alabama Code / Title 16 / Chapter 35 / Section 16-35-3
Section 16-35-3 Duties Generally
Status: in_force

The Courses of Study Committee shall conduct continuing studies and evaluations of the courses taught in the public elementary and secondary schools of the state. It shall prepare the contents of the courses of study for each grade of the elementary and secondary schools and revise the same from time to time. In evaluating the course of study, consideration shall be given to the required basic content, texts used and available, the educational objective of the course, changing scientific, technological and cultural developments, as well as established facts of American history, tradition and patriotism. The committee shall from time to time, but not less than once in each two years, prepare a report of its recommendations with respect to the compulsory minimum content of courses of study and of recommended revisions of courses, materials, subject content and treatment in specific courses and subject areas. The report shall be submitted to the State Superintendent of Education and to the members of the State Textbook Committee for separate written recommendations to the State Board of Education for such action as may be considered advisable.
Ala. Code § 16-1-10 — Alabama Code / Title 16 / Chapter 1 / Section 16-1-10
Section 16-1-10 Selling, Etc., Alcoholic Beverages to School Children; Keeping on School Premises
Status: in_force

Any person, firm, corporation or association that knowingly sells, gives or dispenses any alcoholic beverage to any school student under the age of 18 years, or keeps or has in possession any alcoholic beverage in or on the campus or premises of any school building of any public secondary or grade school is guilty of a felony and, upon conviction thereof, shall be imprisoned in the state penitentiary for a period of from one to three years.
Ala. Code § 16-13-367 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-367
Section 16-13-367 Raise Act Accountability and Implementation Board
Status: in_force

(a) By July 1, 2028, the Legislature shall establish the RAISE Act Accountability and Implementation Board to establish a hearing process to monitor the progress of LEAs and schools to ensure that RAISE Act funds are spent effectively and hold them accountable for results.

(b) The RAISE Act Accountability and Implementation Board shall be led by the Chair of the Senate Finance and Taxation Education Committee and the Chair of the House Ways and Means Education Committee.

(c) The membership of the RAISE Act Accountability and Implementation Board shall include the following:

(1) The Governor, or his or her designee.

(2) The State Superintendent of Education.

(3) The Chair of the Senate Finance and Taxation Education Committee.

(4) The Chair of the House Ways and Means Education Committee.

(5) The Chair of the Senate Education Policy Committee.

(6) The Chair of the House Education Policy Committee.

(7) One member with school turnaround experience or education policy experience appointed by the President Pro Tempore of the Senate.

(8) One member with school turnaround experience or education policy experience appointed by the Minority Leader of the Senate.

(9) One member with school turnaround experience or education policy experience appointed by the Speaker of the House of Representatives.

(10) One member with school turnaround experience or education policy experience appointed by the Minority Leader of the House of Representatives.

(11) Two members of the Office of School Improvement team appointed by the State Superintendent.

(12) One member with experience in the charter school sector appointed by the Governor.

(13) Two members with school turnaround experience or education policy experience appointed by the Governor.

(d) If a member no longer meets the qualifications for the member’s position on the board, then the member’s position on the board shall be vacated and shall be replaced by the appropriate appointing authority.

(e) With the support of the department, the board shall annually monitor progress of LEAs and schools, and review and provide feedback on accountability plan and reports submitted pursuant to Section 16-13-365.

(f) By July 1, 2030, the department shall propose a hearing process to determine if RAISE Act funds are being used by LEAs to adequately improve student outcomes for student groups identified in this article. The hearing proposal shall include the process, timeline, and metrics used to determine adequate progress of LEAs. The RAISE Act Accountability and Implementation Board shall approve or amend the proposed hearing process.

(g) By July 1, 2033, at the end of a five-year period, the department shall identify LEAs, or individual schools under the jurisdiction of the LEA, that have not made adequate progress in reaching the goals of achievement established pursuant to Section 16-13-365, and shall recommend them for a hearing before the RAISE Act Accountability and Implementation Board. The RAISE Act Accountability and Implementation Board shall approve or amend the department’s list of recommended LEAs. With the support of the department, the RAISE Act Accountability and Implementation Board shall then hold the hearings.

(h) Following any hearings, the department shall recommend corrective action for LEAs or individual schools under the jurisdiction of the LEAs. The RAISE Act Accountability and Implementation Board shall approve or amend any proposed corrective action. Corrective action may include, but not be limited to, the loss of autonomy to make budgeting decisions with RAISE Fund allocations; state academic intervention; or other relevant academic interventions, such as those included in the Alabama Numeracy Act in Section 16-6H-12.
Ala. Code § 16-18A-9 — Alabama Code / Title 16 / Chapter 18A / Section 16-18A-9
Section 16-18A-9 Exemptions from Taxation, Fees and Costs
Status: in_force

The property and income of the authority, all bonds issued by the authority, the income from such bonds or from any other sources, the interest and other profits from such bonds enuring to and received by the holders thereof, conveyances by and to the authority and leases, mortgages and deeds of trust by and to the authority shall be exempt from all taxation in the State of Alabama. The authority shall not be obligated to pay or allow the payment of any fees, taxes or costs to the Secretary of State in connection with its incorporation or with any amendment to its certificate of incorporation or otherwise or to any judge of probate of any county in connection with the recording by it of any document or otherwise, the authority being hereby exempted from the payment of any such fees, taxes and costs. No license or excise tax may be imposed by any authority with respect to the privilege of engaging in any of the activities in this chapter.
Ala. Code § 16-13-300 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-300
Section 16-13-300 Legislative Intent; Construction
Status: in_force

(a) It is the intention of the Legislature by the adoption of this article to authorize each county board of education and each city board of education in the State of Alabama to issue and sell, at public or private sale, upon the prior written approval of the State Superintendent of Education, warrants payable from, and secured by a pledge of, revenues of such board which are lawfully available and are designated by the board therefor, for educational and public school purposes, including, without limitation, payment of the costs of public school facilities and the refunding of valid indebtedness of such board, regardless of whether such indebtedness was incurred under this article or under other provisions of law and regardless of whether such indebtedness is a direct or indirect obligation of such board and to authorize counties and municipalities to provide financial and other assistance to boards of education within the jurisdiction thereof.

(b) This article shall be liberally construed in conformity with the foregoing intention to effect the purposes hereof.
Ala. Code § 16-12-8 — Alabama Code / Title 16 / Chapter 12 / Section 16-12-8
Section 16-12-8 Grading and Standardizing City Schools
Status: in_force

The city superintendent of schools, subject to the provisions of this title, shall prepare rules and regulations for grading and standardizing the public schools and shall recommend the same for approval by the city board of education.
Ala. Code § 16-25A-15 — Alabama Code / Title 16 / Chapter 25A / Section 16-25A-15
Section 16-25A-15 Rules and Regulations
Status: in_force

The Public Education Employees’ Health Insurance Board shall promulgate such rules and regulations as may be required for the effective administration of the provisions of this article.
Ala. Code § 16-8-4 — Alabama Code / Title 16 / Chapter 8 / Section 16-8-4
Section 16-8-4 Organizational, Regular and Special Meetings; Rules of Procedure; Majority Vote
Status: in_force

The county board of education shall hold an annual meeting each year in November. At this meeting the board shall elect each year one of its members to serve as president and one to serve as vice-president. Each board shall hold at least five additional regular meetings during the school year, and such special meetings may be held, at such place as the duties and the business of the board may require. Public notice shall be given of regular meetings. The rules generally adopted by deliberative bodies for their government shall be observed by the county board of education. No motion or resolution shall be declared adopted without the concurrence of the majority of the whole board.
Ala. Code § 16-60-304 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-304
Section 16-60-304 Removal of Board of Directors; Vacancies
Status: in_force

(a) A member of the board of directors, other than a member holding Place One, may be removed for cause by a vote of the board.

(b) Any member of the board may resign by giving written notice of resignation to the board, which shall become effective upon delivery unless the notice specifies an alternative date.

(c)(1) If there is a vacancy on the board in Places Two to Five, inclusive, due to removal, resignation, or other reason, the remaining members of the board shall elect a successor to serve the remainder of the term of the vacating member.

(2) If there is a vacancy on the board of a member holding an expanded board position, as provided in subsection (f) of Section 16-60-303, the board, by majority vote, may appoint another person to that position for such term as the board designates, not to exceed six years.

(d) If the President of Jefferson State Community College names a designee to serve in Place One, and that designee vacates that position, the president shall serve in that position, or the president may designate another person to so serve as provided in subsection (g) of Section 16-60-303.
Ala. Code § 16-24B-51 — Alabama Code / Title 16 / Chapter 24B / Section 16-24B-51
Section 16-24B-51 Definitions
Status: in_force

As used in this article, the following terms have the following meanings:

(1) ASSISTANT ADMINISTRATIVE OFFICER. Includes only those individuals hired before July 1, 2024, and certified for their position as prescribed by the State Board of Education and who are employed by an employing board as an assistant superintendent, assistant chief school finance officer, or assistant principal of a school system or school, including a vocational center.

(2) CHIEF EXECUTIVE OFFICER. The term as defined in Section 16-24B-2.

(3) CONTRACT ASSISTANT ADMINISTRATIVE OFFICER. Includes only those individuals hired on or after July 1, 2024, and certified for their position as prescribed by the State Board of Education and who are employed by a participating employing board as an assistant superintendent, assistant chief school finance officer, or assistant principal of a school system or school, including a vocational center, pursuant to this article.

(4) CONTRACT YEAR. The term as defined in Section 16-24B-2.

(5) DAY. The term as defined in Section 16-24B-2.

(6) EMPLOYING BOARD. The term as defined in Section 16-24B-2.

(7) MEDIATOR. The term as defined in Section 16-24B-2.

(8) PARTICIPATING EMPLOYING BOARD. An employing board that elects to employ assistant administrative officers pursuant to contracts as provided by this article.

(9) PROBATIONARY ASSISTANT ADMINISTRATIVE OFFICER. Any assistant superintendent, assistant chief school finance officer, or assistant principal hired for the first time in any local school system or school as an assistant superintendent, assistant chief school finance officer, or assistant principal on or after July 1, 2024.
Ala. Code § 16-25B-4 — Alabama Code / Title 16 / Chapter 25B / Section 16-25B-4
Section 16-25B-4 Board of Trustees to Administer Coaches’ Participation
Status: in_force

The board of trustees of public, four-year institutions of higher learning in this state shall provide for the administration of such football coaches’ participation in the trust and perform or authorize the performance of such functions as may be necessary for such participation in accordance with this chapter and federal laws.
Ala. Code § 16-33C-20 — Alabama Code / Title 16 / Chapter 33C / Section 16-33C-20
Section 16-33C-20 Certification That Appropriations No Longer Necessary
Status: in_force

In the event that the PACT Program’s Board of Directors receives an actuarial report certifying that any appropriation made in Section 16-33C-14, Section 16-33C-15, or Section 16-33C-16 is no longer necessary, the PACT Program’s Board of Directors shall certify to the Legislature that no future appropriations are necessary.
Ala. Code § 16-8-18 — Alabama Code / Title 16 / Chapter 8 / Section 16-8-18
Section 16-8-18 Joint Maintenance of Schools - Between Counties; Attendance by Pupils Near County Lines
Status: in_force

The county boards of education of two or more counties shall have power to provide jointly for the maintenance of schools in or near the dividing line of such counties on the basis of the enrollment in such school from the counties represented. Each pupil who lives within five miles of a county boundary line shall attend the school nearest to his residence. The administration and supervision of such school shall be placed under one of the county boards of education of said counties by agreement between the county boards of education, and if no agreement as to administration and supervision is made, it shall be under the board of education of the county in which the schoolhouse is located.
Ala. Code § 16-15-4 — Alabama Code / Title 16 / Chapter 15 / Section 16-15-4
Section 16-15-4 Application for Incorporation
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 16-17A-14 — Alabama Code / Title 16 / Chapter 17A / Section 16-17A-14
Section 16-17A-14 Default in Payments
Status: in_force

(a) If there should be any default in the payment of the principal of, or interest on, any indebtedness issued under this chapter or of any agreements contained in any security document, and the period for cure of the default has passed, then the holder of the indebtedness and the trustee under any security document, or any one or more of them, subject to the terms of the financing documents authorizing the indebtedness or any security document applicable thereto:

(1) May, by mandamus, injunction, or other proceedings, compel performance of any covenant or agreement of the authority contained in any applicable resolution or security document by its board or its officers.

(2) May be entitled to a judgment against the authority for the principal of and interest on the indebtedness so in default, together with all reasonable costs of collection.

(3) May, in the event the indebtedness is secured by a mortgage on, or security interest in, any physical properties of the authority, foreclose the mortgage or pledge, exercise any powers of sale contained in the security documents, or exercise any possessory or other similar rights as are provided for in the financing documents or security document applicable to the indebtedness.

(4) Regardless of the sufficiency of the security for the obligation in default, may be entitled to the appointment of a receiver upon order of a court of competent jurisdiction who shall, upon such appointment, assume all powers granted in the applicable financing documents or security document applicable to the obligation in default, provided that the income derived from any activity undertaken by a receiver under this section shall be expended solely in accordance with the applicable provisions of any orders of the court by which such receiver is appointed, and absent judicial direction, of the applicable financing document or security document applicable to the obligation in default.

(b) The remedies specified in this section shall be cumulative to all other remedies that may otherwise be available, by law or contract, for the benefit of the holders of indebtedness of an authority.
Ala. Code § 16-63-2 — Alabama Code / Title 16 / Chapter 63 / Section 16-63-2
Section 16-63-2 Purpose; Public Policy Declared
Status: in_force

The purpose of this chapter is to encourage greater community involvement in the public schools and greater community use of public school facilities. To this end it is declared to be the policy of this state:

(1) To provide for increased involvement by citizens in their local schools through community schools advisory committees.

(2) To assure maximum use of public school facilities by the citizens of each community in this state.

(3) To provide for increased involvement by business and industry in every school system through business/industry partnerships - adopt-a-school programs.
Ala. Code § 16-33C-2.1 — Alabama Code / Title 16 / Chapter 33C / Section 16-33C-2.1
Section 16-33C-2.1 Creation and Administration of Plan
Status: in_force

There is hereby created the Wallace-Folsom Savings Investment Plan as an agency and instrumentality of the State of Alabama. The plan consists of the PACT Program, the ACES Program, and the ABLE Program. The plan shall be administered by the State Treasurer in accordance with the provisions of this chapter and rules, regulations, and guidelines established by the boards. The facilities and resources of the State Treasurer’s office shall be used and employed in the administration of the plan. The official location of the plan shall be the State Treasurer’s office.
Ala. Code § 16-61A-1 — Alabama Code / Title 16 / Chapter 61A / Section 16-61A-1
Section 16-61A-1 Short Title
Status: reserved

Repealed by Act 2008-276, p. 434, §1, effective January 1, 2009.
Ala. Code § 16-13-120 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-120
Section 16-13-120 Authority to Issue; Interest Rate; Terms, Use of Proceeds, Etc
Status: in_force

In any county in which a special license or privilege tax or excise tax may now or hereafter be levied, or the proceeds of any ad valorem tax equivalent shall be apportioned, by local act of the Legislature of Alabama, the county board of education of the county or the city board of education of any city in the county, as the case may be, may sell and issue interest-bearing warrants, the principal of and the interest on which shall be payable solely from that portion of the proceeds from such tax or tax equivalent which may be apportioned and paid to such board of education. Any such warrants may bear such rate or rates of interest not exceeding 12 percent per annum, payable semiannually, may be in such denomination or denominations, may mature over such period of time not exceeding 30 years after their date, may be sold at public or private sale at such price or prices, may be made redeemable prior to maturity at the option of the issuing board at such redemption price or prices and on such conditions, may be made payable within or without the state, and may contain such details, all as the board of education issuing such warrants may provide in the proceedings wherein the warrants are authorized to be issued. The board of education issuing such warrants shall secure the payment of the principal thereof, and interest thereon by a pledge of the tax proceeds so apportioned, out of which such warrants are made payable; and, if more than one such pledge shall be made with respect to the proceeds from the same tax, then such pledges shall take precedence in the order in which they are made. Said warrants shall not be general obligations of the issuing board of education but shall be payable solely from the limited source herein specified. Said warrants shall be preferred claims against the tax or tax-equivalent proceeds so apportioned and out of which they are made payable and shall have preference over claims for salaries or other operating expenses or any other purpose. The proceeds from the sale of any such warrants shall be used by the board of education issuing such warrants for the purpose or purposes for which the tax or tax-equivalent proceeds so apportioned to such board of education are permitted by any such local act to be used. Each such board of education may in like manner from time to time sell and issue refunding warrants for the purpose of refunding a like or greater principal amount of warrants then outstanding which were issued under the provisions of this section and Section 16-13-121 and the interest accrued thereon and any premium necessary to be paid thereon. The provisions of said sections applicable to the original issue of warrants so refunded shall likewise be applicable to any such refunding warrants except that the proceeds from the sale of such refunding warrants shall be used only to retire the warrants refunded thereby.
Ala. Code § 16-18A-4 — Alabama Code / Title 16 / Chapter 18A / Section 16-18A-4
Section 16-18A-4 Powers and Duties
Status: in_force

The purpose of the authority shall be to assist institutions for higher education in the construction, financing and refinancing of the projects. The exercise by the authority of the powers conferred by this chapter shall be deemed and held to be the performance of an essential public function. For the purpose of this chapter, the authority shall have the powers and duties set forth in this section.

(1) To adopt an official seal and alter the same at its pleasure.

(2) To sue and be sued in contract and in tort and to complain and defend in all courts of law and equity.

(3) To maintain an office at such place or places as it may designate.

(4) To determine the location and character of any project financed under this chapter, to acquire, construct, reconstruct, remodel, maintain, manage, enlarge, alter, add to, repair, operate, lease as lessee or lessor, sell or otherwise dispose of, any project in any manner it deems to the best advantage of the authority and the purposes thereof and to insure the same against any and all risks as such insurance may, from time to time, be available, to enter into contracts for any or all of such purposes, to permit participating institutions for higher education to perform all of the foregoing as the authority’s agent. Contracts entered into by the authority may be negotiated and should not be subject to any laws governing public contracts or requiring competitive bidding.

(5) To finance projects for participating institutions for higher education through the issuance of authority revenue bonds and the lending of such revenue bond proceeds to the participating institution for higher education under such loan agreements or repayment contracts as the authority deems necessary or appropriate.

(6) To issue revenue bonds of the authority for any of its corporate purposes and to fund or refund the same all as provided in this chapter.

(7) To fix and revise from time to time and charge and collect rates, rents, purchase payments, fees and charges for the use and for the services furnished or to be furnished by a project or any portion thereof or in connection with the financing thereof and to contract with the State of Alabama and its agencies, instrumentalities, departments and political subdivisions and any person, partnership, association or corporation or other body, public or private, in respect thereto.

(8) To establish rules and regulations for use of a project or any portion thereof and to designate a participating institution for higher education as its agent to establish rules and regulations for the use of a project undertaken for that participating institution for higher education.

(9) To employ consulting engineers, architects, attorneys, bond counsel, accountants, construction and financial experts, fiscal agents, superintendents, managers and such other employees and agents as may be necessary in its judgment and to fix their compensation; provided, however, that all costs, fees and expenses incurred in connection with the employment of any persons as permitted by this subdivision shall not be an obligation of the state or any political subdivision thereof but must be payable solely from the proceeds of obligations issued by the authority or from revenues received by the authority from participating institutions for higher education as reimbursement for its administrative costs and expenses.

(10) To receive and accept from any source, other than state or local public funds, loans, contributions, gifts or grants for or in aid of the construction of a project or any portion thereof in either money, property, labor or other things of that value and, when required, to use such funds, property or labor only for the purposes for which it was loaned, contributed, given or granted.

(11) To make loans to any participating institution for higher education for the cost of a project in accordance with a financing agreement between the authority and the participating institution for higher education; provided that no such loans shall exceed the total cost of the project as determined by the participating institution for higher education and approved by the authority.

(12) To make loans to a participating institution for higher education to refund outstanding obligations or advances issued, made or given by such participating institution for higher education for the cost of the project.

(13) To charge to and apportion among participating institutions for higher education the administrative costs and expenses incurred by the authority in the exercise of the powers and duties conferred upon it by this chapter.

(14) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds in the manner hereinafter more fully set forth, which revenue bonds shall be payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof.

(15) To pledge, mortgage or convey by deed to secure debt, chattel mortgage or bill of sale to secure debt, all or any portion of any project and any other educational facilities conveyed to the authority for such purpose and the site or sites thereof, whether presently owned or subsequently acquired, for the benefit of the holders of the bonds of the authority issued to finance such project or any portion thereof or issued to refund or refinance outstanding indebtedness of a private institution for higher education as permitted by this chapter.

(16) To issue bonds for the purpose of refunding or refinancing the outstanding indebtedness of a private institution for higher education, whether or not outstanding prior to or after July 10, 1979, provided that such indebtedness was originally incurred for the purpose of constructing or acquiring an educational facility as defined in this chapter.

(17) To exercise any power usually possessed by private corporations performing similar functions, provided the exercise of such power is not in conflict with the constitution and laws of this state.

(18) To invest any accumulation of its funds and any sinking fund or reserves in any manner that public funds of the State of Alabama or its political subdivisions may be invested.

(19) To do all things necessary or convenient to carry out the powers expressly given in this chapter and any amendments hereto.
Ala. Code § 16-5-8 — Alabama Code / Title 16 / Chapter 5 / Section 16-5-8
Section 16-5-8 Review, Coordination, Establishment, Etc., of Programs; Transfer of Credits; Articulation and General Studies Committee
Status: in_force

(a)(1) The Commission on Higher Education is authorized to review periodically all new and existing programs and units of instruction, research, and public service funded by state appropriations at the state universities and colleges and to share with the appropriate governing board, through the president of the institution, and state Legislature, its recommendations.

(2) As a part of its program review process, the commission shall enforce, monitor, and report on minimum degree productivity standards for all existing programs of instruction at public two-year and four-year institutions of higher education. Productivity standards shall be based, primarily, but not exclusively, on the annual average number of degrees conferred during a five-year period for senior institutions and a three-year period for two-year institutions, as verified by the commission. Minimum productivity standards will vary by degree level. The annual average number of degrees conferred constitutes a productivity standard by which programs shall be deemed viable or non-viable. The data source for degrees awarded per category per institution will be the Integrated Postsecondary Education Data System (IPEDS) annual completions survey. The viability standard annual graduation rates shall be: A diploma, certificate consisting of 45-90 quarter hours; associate or baccalaureate degree program, 7.5 graduates per year; a masters degree program, 3.75 graduates per year; an education specialist degree program, 3 graduates per year; and a doctoral degree program, 2.25 graduates per year. In vocational and technical programs, a student who leaves the program for purposes of gainful employment, in the same field of study as the program, having obtained the skills in said program, shall count as a graduate. For two-year technical and vocational college programs, a student who completes 40 quarter hours or equivalent programs shall be deemed and counted as a graduate for purposes of viability standards. It is the responsibility of the institution to document and verify to the reasonable satisfaction of the commission that the student should be counted as a graduate as provided in this section. This documentation shall include the name of the specific employer and the point in said program that student obtained said employment. The commission shall identify non-viable programs and notify the institution in writing of that determination. The institution has three years from the date of that notification to meet the minimum productivity standard. Failure to meet the minimum productivity standard within the three years will result in the phase-out of the identified programs within three years. New programs approved by the commission within two years prior to May 20, 1996, shall not be subject to this subsection for a period of five academic years.

(3) An institution may request a waiver of the non-viability of a program that does not meet the minimum productivity standard due to the unique and extraordinary characteristics of that program. The request for a waiver must be made in writing to the commission and the justification for the waiver must be documented by the institution. Factors that the commission may consider in a decision to grant the waiver shall include, but not be limited to: The employment and placement of program enrollees in that program-related area of employment; the transfer of program enrollees to other institutions for purposes of educational advancement; the success of program graduates; the lack of duplication of that program in the state; market demands; other unique aspects of the program; and the objectives and requirements of Knight v. Alabama. The commission shall grant or deny the request for the waiver and notify the institution and its respective governing board in writing of that determination.

(4) The commission shall annually report to the committee, the Governor, the State Board of Education, and the Council of College and University Presidents the status of programs determined to be non-viable. This report shall include information for each institution and its respective non-viable program offerings. The annual report shall also list any programs not meeting the minimum standard as set forth in this section which were granted waivers by the commission along with the commission’s rationale for granting the waiver for said programs.

(b) The commission shall seek through the use of advisory committees to study needless duplication of education, research, or service programs and programs which are not adequately provided in the state, and shall make findings and recommendations to the institutions, the Governor, and the Legislature that would strengthen the total program of higher education in the state.

(c) The governing boards of public institutions of higher education in this state and the campuses under their governance or supervision shall not undertake the establishment of any new unit or program of instruction for academic credit with state funds before submitting plans for the new unit or program to the commission for its review, evaluation, and approval. No state funds shall be expended by any public institution on any new unit or program of instruction which has not been approved by the commission. Any plan submitted to the commission, or its staff, and not receiving final action by the commission within 10 months of submission shall be considered approved. The term “new unit of instruction,” includes the establishment of a college, school, division, or institute, and includes the establishment of any new branch or campus. The term does not include reasonable extensions or alterations of existing curricula, or programs which have a direct relationship to existing programs. The commission may, under its rulemaking power, define the character of the reasonable extensions and alterations.

(d) The commission shall have the authority to authorize and regulate off-campus offerings, new or existing; except courses taught at business and industry sites intended exclusively for employees of business and industry. An exception to this off-campus authority is provided for the branch campuses of universities or branch campuses of junior colleges in existence at the time of passage of this chapter whose fall 1978 registrations exceeded 500 class enrollments and branch campuses of universities operating prior to 1960. For those branches which began operating since 1960, the commission shall present its recommendation for the continuation or termination of each branch with full findings of fact to the Legislature before a public joint meeting of the Education Committees of the House and Senate no later than the fifth legislative day of the 1981 Regular Session of the Legislature. In making the recommendation, the commission shall not use the ratio of full-time faculty to part-time faculty and/or a requirement to attend the main campus for degree completion as a part of its judgment of the quality of a program or branch campus. The education committee of each house shall report to its respective house with a concurrence or nonconcurrence on each recommendation of the commission. Debate on each recommendation shall be limited to one hour of continuous uninterrupted discussion for each recommendation and at the end of the time, it shall be mandatory that the President of the Senate and the Speaker of the House shall in their respective houses call for a recorded vote. The resolution by simple majority of both houses is required to affirm a commission recommendation. No more than one branch shall be continued or terminated in one resolution.

(e) The Computerized Advisement System for students operated by Troy State University which includes a comprehensive undergraduate program and course information for all public two-year and four-year institutions of higher education, existing on March 17, 1994, shall ensure students at each two-year institution accredited by the Southern Association’s Commission on Colleges, the opportunity to enter into a contract with a four-year institution guaranteeing the transfer of credit earned for courses taken at the two-year institution pursuant to the terms of the contract provided the student is admitted to the four-year institution. Under this contract, all agreed upon credits transferred from a two-year institution to a four-year institution shall fulfill degree requirements at the four-year institution as if they were earned at the four-year institution. Information regarding this advisement and contracting program shall be included in the official catalog of each institution of higher education. All public two-year and four-year institutions in the state accredited by the Commission on Colleges shall participate in this system.

In addition, there is created an Articulation and General Studies Committee which shall consist of ten members composed as follows: Two representing the state’s regional universities, three representing the state’s two-year colleges (one of whom shall be Black), and one representing each of the following: Auburn University, the University of Alabama System, the University of South Alabama, Alabama State University, and Alabama A &amp; M University. The Executive Director of the Alabama Commission on Higher Education and the Director of the Computerized Advising System operated by Troy State University shall serve as nonvoting members.

Unless provided by the governing board of the respective institution, the representatives to the Articulation and General Studies Committee shall be selected in the following manner: The presidents of the state’s regional universities shall select the two representatives of these institutions on the committee. The State Board of Education shall select the representatives of the state’s two-year colleges on the committee. The Chancellor of the University of Alabama System and the Presidents of Auburn University, the University of South Alabama, Alabama State University, and Alabama A &amp; M University shall each select the representative of their institutions on the committee. It is the intent of the Legislature that women be represented on the committee. This committee, utilizing whatever resources and task forces it deems appropriate, shall develop no later than September 1, 1998, a statewide freshman and sophomore level general studies curriculum to be taken at all colleges and universities. Nothing herein shall be interpreted as restricting any institution from requiring additional general studies courses beyond the statewide general studies curriculum.

This committee shall also develop and adopt no later than September 1, 1999, for the freshman and sophomore years, a statewide articulation agreement for the transfer of credit among all public institutions of higher education. Under this articulation agreement, all applicable credits transferred from a two-year institution to a four-year institution shall fulfill degree requirements at the four-year institution as if they were earned at the four-year institution. The committee shall further examine the need for a uniform course numbering system, course titles, and descriptions.

A four-fifths vote of the entire voting membership of the committee shall be required for the adoption of the articulation agreement and general studies curriculum. Upon adoption of the articulation agreement and general studies curriculum, this committee shall continue its duty and authority prescribed herein. The committee shall meet at least annually, or at other times as convened by the chair. The committee shall elect annually a chair from its membership. The chair of the committee shall rotate annually between a representative of the four-year institutions and a representative of the two-year institutions.

In case of problems in the administration or interpretation of the articulation agreement or the general studies curriculum, institutions shall present the problem to the Articulation and General Studies Committee for resolution. A majority decision of the committee shall be final and binding.

The budget recommendation of the commission shall not include an appropriation for institutions of higher education violating the stipulations of this section.

(f) Nothing in this or any section, however, shall be construed to prohibit any institution of higher education in this state from seeking and securing by separate bill the approval of the Legislature for any new unit or program of instruction, research, or public service denied approval by the commission, in which case the action of the Legislature, when approved by the Governor or otherwise upon becoming law, is final.

(g) Colleges and universities conducting off-campus offerings on military reservations are exempt from the commission’s regulatory review and approval authority for those offerings on the military reservation.
Ala. Code § 16-6H-19 — Alabama Code / Title 16 / Chapter 6H / Section 16-6H-19
Section 16-6H-19 Disposition of Funds
Status: in_force

Funds appropriated by the Legislature in support of this chapter shall be allocated to support all of the following:

(1) The staff and operations of the Office of Mathematics Improvement, including the director and regional coordinators, professional learning activities, and administrative activities; local school-based mathematics coaches; teachers in residence; and AMSTI regional mathematics specialists.

(2) Administration and analysis of mathematics screening, formative, diagnostic, and summative assessments to guide instruction in full support schools and limited support schools.

(3) Professional development on foundational mathematics content knowledge as recommended by the Elementary Mathematics Task Force in all full support schools and limited support schools.

(4) The staff and operations of the Alabama Summer Mathematics Achievement Program in all full support schools.

(5) Professional development on instructional leadership, as recommended by the Office of Mathematics Improvement, for principals and assistant principals in all full support schools.

(6) Any additional staff for school improvement teams for full support schools in state academic intervention.

(7) Additional staff for the Office of School Improvement.

(8) External consultants to evaluate the work of mathematics coaches’ implementation and outcomes described in Section 16-6H-15.
Ala. Code § 16-5-53.1 — Alabama Code / Title 16 / Chapter 5 / Section 16-5-53.1
Section 16-5-53.1
Status: in_force

(a) The commission shall develop an accountability and evaluation plan for the program that does all of the following:

(1) Identifies the goals, objectives, and expected outputs and outcomes of the program.

(2) Describes the specific activities of the program and how those activities will achieve expected outcomes.

(3) Defines what the expected metrics of success shall be and provides a monitoring plan to regularly assess performance.

(4) Provides an evaluation plan to assess the impact of expected outcomes.

(b) The commission shall consult with the Alabama Commission on the Evaluation of Services on the development of the accountability and evaluation plan.
Ala. Code § 16-17A-19 — Alabama Code / Title 16 / Chapter 17A / Section 16-17A-19
Section 16-17A-19 Sovereign Immunity; Damage Limitation
Status: in_force

(a) This chapter is not intended to extend or grant sovereign immunity to any authority or university affiliate that is not entitled to sovereign immunity under applicable law. Nor is this chapter intended to limit or remove sovereign immunity for any authority or university affiliate that is entitled to sovereign immunity under applicable law.

(b) An authority or university affiliate not entitled to sovereign immunity shall be entitled to the benefits of the damage limitation for tort actions provided in Chapter 93 of Title 11, if the authority or university affiliate meets both of the following requirements:

(1) An entity that is a governmental entity within the meaning of Section 11-93-1, participates in the organization of the authority or university affiliate. A governmental entity participates in the organization of an authority or university affiliate if the governmental entity enters into an affiliation agreement or similar agreement with a university providing for the organization of the authority or university affiliate.

(2) The authority or university affiliate receives public support for its operations, including, without limitations, taxes allocated to the authority or university affiliate, or appropriations from the state or any other governmental entity that benefit the authority or university affiliate.

(c) As further evidence of the intent expressed in this chapter, the Legislature declares that:

(1) An authority or university affiliate described in subsection (b) constitutes a governmental entity within the meaning of Section 11-93-1.

(2) Claims for money damages against an authority or university affiliate described in subsection (b) constitutes claims within the meaning of Section 11-93-1.
Ala. Code § 16-60-111.4 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-111.4
Section 16-60-111.4 Powers of Board of Trustees
Status: in_force

(a) The board shall be authorized to:

(1) Make rules and regulations for the government of community and technical colleges.

(2) Prescribe for the community and technical colleges the courses of study to be offered and the conditions for granting certificates, diplomas, and degrees.

(3) Appoint or terminate the employment of the presidents of the community and technical colleges.

(4) Direct the expenditure of legislative appropriations of community and technical colleges including, but not limited to, the allocation of the annual legislative appropriation, as the board determines is in the best interests of the Alabama Community College System.

(5) Prescribe qualifications for faculty and establish, publish, and maintain an annual salary schedule for each community and technical college employee classification and tenure requirements for faculty at community and technical colleges.

(6) Accept gifts, donations, and devises and bequests of money and real and personal property for the benefit of community and technical colleges or any one of them.

(7) Establish a performance-based allocation process that is equitable and compatible with the services and programs offered by each individual campus.

(b) Any provision of law to the contrary notwithstanding, employees of the Alabama Community College System shall participate in the Teachers’ Retirement System of Alabama pursuant to Chapter 25 and the State Employee’s Health Insurance Plan pursuant to Chapter 29, Title 36. Employees of community and technical colleges shall participate in the Teachers’ Retirement System of Alabama pursuant to Chapter 25 and the Public Education Employees’ Health Insurance Plan pursuant to Chapter 25A or other qualified health plans established pursuant to Section 1311 of the federal Patient Protection and Affordable Care Act of 2010.
Ala. Code § 16-49-28 — Alabama Code / Title 16 / Chapter 49 / Section 16-49-28
Section 16-49-28 Certificate for Payment of Expenses
Status: in_force

The certificate of the president of the board or, in his absence, of the president pro tempore, countersigned by the secretary, shall entitle the several trustees and ex officio members to the payment of their actual expenses incurred in the discharge of their duties as such trustees, in conformity with regulations governing travel expenses of state officials.
Ala. Code § 16-60-262 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-262
Section 16-60-262 Programs for Education and Training of Miners and Mining Operations Agents
Status: in_force

The Alabama Mining Academy shall expand programs for the education and training of operations and agents thereof and miners in:

(1) The recognition, avoidance, and prevention of accidents, unsafe or unhealthful working conditions in coal or other mines; and

(2) In the use of flame safety lamps, permissible methane detectors, and other means approved by the Mine Safety and Health Administration (MSHA) for detecting methane and other explosive gases accurately.
Ala. Code § 16-47-132 — Alabama Code / Title 16 / Chapter 47 / Section 16-47-132
Section 16-47-132 Payment of Expenses
Status: in_force

The expenses incurred in and the cost of carrying out the provisions of this article shall be paid out of funds appropriated for that purpose by the Legislature.
Ala. Code § 16-8-19 — Alabama Code / Title 16 / Chapter 8 / Section 16-8-19
Section 16-8-19 Joint Maintenance of Schools - State-Line Schools
Status: in_force

When a county board of education desires to provide for the joint maintenance of a public school by a county in this state and an adjoining county in another state, said board shall ascertain what agreement with the authority having power to bind the county in the other state may be secured for such joint maintenance, and if the county board deems the conditions of the agreement mutually advantageous, it shall certify the same, together with all the facts, to the State Superintendent of Education. The State Superintendent of Education shall investigate and, if he deems the proposed arrangement advantageous, shall approve the same. Such approval shall authorize the joint maintenance of such state-line schools.
Ala. Code § 16-8-15 — Alabama Code / Title 16 / Chapter 8 / Section 16-8-15
Section 16-8-15 Consolidation of Schools - in Two Counties - Control
Status: in_force

The government and control of any school in the consolidated territory lying within two counties formed in accordance with the resolution of the boards shall be vested in the county board of education of the county in which the school building is located or is to be located, unless otherwise provided by agreement between the boards of education of the counties concerned.
Ala. Code § 16-60-53 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-53
Section 16-60-53 Incorporation of College
Status: in_force

When a location for the college has been determined and the board has chosen a name for the college, the board of trustees shall file in the office of the Secretary of State a certificate stating the name and location of the college and the names of persons currently serving as members of the board of trustees. Thereafter, the college shall be a body corporate under the name so filed, with the right to have and use a corporate seal, to sue and be sued in such corporate name in any of the courts of this state of competent jurisdiction as in the case of natural persons.
Ala. Code § 16-3-26 — Alabama Code / Title 16 / Chapter 3 / Section 16-3-26
Section 16-3-26 Property Control
Status: in_force

The State Board of Education may hold, lease and rent real and personal property and may make such repairs and improvements on all property under its control as may be for the best interests of the schools and, subject to the approval of the Governor, may acquire, sell and convey title to real estate.
Ala. Code § 16-25-60 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-60
Section 16-25-60 Cost-of-Living Increase to Persons Retiring Before October 1, 1989
Status: in_force

There is hereby provided, commencing October 1, 1990 to each person whose effective date of retirement for purposes of receiving benefits from the Teachers’ Retirement System is prior to October 1, 1989, a cost-of-living increase of $1.00 per month for each year of creditable service attained by said retiree plus $3.00 per month for each year of retirement attained by said retiree.
Ala. Code § 16-30B-2 — Alabama Code / Title 16 / Chapter 30B / Section 16-30B-2
Section 16-30B-2 Definitions
Status: in_force

As used in this chapter, the following terms have the following meanings:

(1) PALLIATIVE AND END OF LIFE INDIVIDUAL HEALTH PLAN or PLAN. A document that outlines activities of which a qualified minor may partake in the school setting or in selected school situations as prescribed in the plan. A plan shall be developed by the school nurse in conjunction with the representative of the qualified minor, as provided under this chapter, and shall outline the health care to be provided, including an Order for Pediatric Palliative and End of Life Care, as defined in Section 22-8A-3, to a qualified minor in a school setting.

(2) QUALIFIED MINOR. The term as it is defined in Section 22-8A-3.

(3) REPRESENTATIVE OF A QUALIFIED MINOR. The term as it is defined in Section 22-8A-3.

(4) SCHOOL. Any primary or secondary public school located in the state.

(5) SCHOOL EMPLOYEE. Any individual employed by a public school system located in the state.

(6) SCHOOL NURSE. A nurse licensed by the Alabama Board of Nursing and employed as a school nurse by a public school system located in the state.
Ala. Code § 16-33C-4.2 — Alabama Code / Title 16 / Chapter 33C / Section 16-33C-4.2
Section 16-33C-4.2 Transition for Pact Board
Status: in_force

It is the intent of the Legislature that there be an orderly transition between the current PACT board and the PACT board created in Section 16-33C-4.1. As a result, on June 1, 2010, the PACT-related responsibilities of the current PACT board shall terminate and the term of office of the members of the PACT board created in Section 16-33C-4.1 shall commence. Additionally, the PACT board created in Section 16-33C-4.1 shall hold its first official meeting prior to July 1, 2010.
Ala. Code § 16-41-10 — Alabama Code / Title 16 / Chapter 41 / Section 16-41-10
Section 16-41-10 Report of Status of Program by State Superintendent of Education
Status: in_force

The State Superintendent of Education shall, at least 30 days prior to the 1973 Regular Session and each regular session thereafter, transmit to the members of the state board, the President of the Senate, the Speaker of the House, the Chairman of the Senate and the Chairman of the House Education Committees a report as to the status of the drug abuse education program together with any recommendations for further improvement or modification.
Ala. Code § 16-25-10.9 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-10.9
Section 16-25-10.9 Officers and Employees of Tennessee Valley Rehabilitation Center, Inc.; Contributions; Creditable Service
Status: in_force

(a) This section shall apply only to the employees and executive staff members of the Tennessee Valley Rehabilitation Center, Inc., who were active and contributing members of the Teachers’ Retirement System on August 1, 1994 through John C. Calhoun Community College.

(b) The Board of Directors of the Tennessee Valley Rehabilitation Center, Inc., may, by resolution legally adopted to conform to the rules prescribed by the Board of Control of the Teachers’ Retirement System, elect to have the full-time employees and executive staff members as defined in subsection (a), from whatever source and in whatever manner paid, become eligible to participate in the Teachers’ Retirement System, subject to all rules, regulations, and conditions of the system.

(c) When an election is made to join the Teachers’ Retirement System pursuant to subsection (b), the full-time employees and executive staff members of the Tennessee Valley Rehabilitation Center, Inc., as defined in subsection (a) may participate in and be entitled to all benefits of the Teachers’ Retirement System, provided that where contributions are made from salaries paid to the employees and staff members by the Tennessee Valley Rehabilitation Center, Inc., the employer costs as a percentage of the aforementioned salaries are contributed by the center as the employer to the Teachers’ Retirement System in accordance with Section 16-25-21. The employer contributions shall be paid monthly to the system at the same time as the contributions of the members are made to the system.

(d) The resolution for membership in the Teachers’ Retirement System adopted pursuant to subsection (b) may also include a provision for all service rendered by an eligible employee or executive staff member from September 1, 1994, to the effective date of the election of the Tennessee Valley Rehabilitation Center, Inc., to participate in the system to be creditable service for the full-time employee or executive staff member in the system. Such a provision shall apply only to the full-time employees and executive staff members of the center who are in the active service of the center on the effective date of the election of the group to be covered under the system, and the resolution shall also state that the center, as the employer, shall assume and pay all costs required to fund the credit for the prior service in the amount for the costs as determined by the actuary employed by the board of control of the system.
Ala. Code § 16-17A-10 — Alabama Code / Title 16 / Chapter 17A / Section 16-17A-10
Section 16-17A-10 Indebtedness
Status: in_force

(a) An authority from time to time may borrow money or incur indebtedness and issue bonds, notes, or other evidence of indebtedness in such principal amounts as the board determines by resolution to be necessary, desirable, and in the best interests of the authority in order to provide funds to carry out its corporate powers. Indebtedness may be incurred for any lawful purpose of the authority, including, without limitation, any of the following:

(1) Indebtedness to finance the acquisition or construction of health care facilities.

(2) Indebtedness to provide working capital or funds for operating expenses.

(3) Indebtedness to refund, extend, refinance, or restructure any indebtedness of the authority or any indebtedness assumed or guaranteed by the authority.

(b) Indebtedness may be any of the following or any combination thereof:

(1) A general obligation of the authority to the payment of which its full faith and credit is pledged.

(2) Payable solely out of specific revenues of the authority or any of its facilities.

(3) Secured by a pledge of any tax levied by a governmental entity that has been made available to an authority or any of its facilities.

(c) Indebtedness may provide for any of the following or any combination thereof:

(1) Provide for no interest.

(2) Provide for current interest.

(3) Provide for capitalized interest.

(4) Provide for accretion or other increase in principal amount in lieu of interest.

(d) Any resolution authorizing the issuance of any indebtedness shall create a contract with the holders of the indebtedness issued thereby.

(e) Evidence of indebtedness shall be executed and delivered as provided in the resolution of the board authorizing the same.

(f) Indebtedness may be sold at public or private sale or in exchange for indebtedness of the authority at such price or on such terms as the board shall determine.

(g) All indebtedness of an authority shall be subject to redemption or prepayment on such terms as the board shall determine.

(h) No indebtedness of an authority shall mature more than 40 years from the date of issuance, without regard to whether the indebtedness is refunding, extending, refinancing, or restructuring existing indebtedness.

(i) The authority may, subject to security documents or other agreements with holders as may then exist, purchase its indebtedness in the open market, through intermediaries or directly from the holder of an obligation, with any funds available therefor. Any obligation so purchased may be cancelled by the authority or may be resold, as authorized by the board.
Ala. Code § 16-47-134 — Alabama Code / Title 16 / Chapter 47 / Section 16-47-134
Section 16-47-134 Report to Legislature
Status: in_force

It shall be the duty of the board of trustees to make to the Legislature of Alabama at each regular session thereof a full report of its transactions under this chapter and of the condition of the nursing school, embracing an itemized statement of all receipts and disbursements on account of said nursing school.
Ala. Code § 16-13-239 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-239
Section 16-13-239 References to “Minimum Program” Deemed References to “Foundation Program.”
Status: in_force

Whenever any act, section of the Code of Alabama 1975, or any other provision of law refers to the “minimum program” as it relates to the funding of education, it shall be deemed a reference to the “Foundation Program.”
Ala. Code § 16-50-24 — Alabama Code / Title 16 / Chapter 50 / Section 16-50-24
Section 16-50-24 Exclusive Jurisdiction, Power, Etc
Status: in_force

The board of trustees created by this chapter for Alabama State University shall have exclusive jurisdiction, supervision and control of Alabama State University; and the State Board of Education is divested of all jurisdiction, power and authority with regard to the supervision, management and control of such university except as otherwise herein provided. In addition to the powers, duties and authority hereinabove vested in the board of trustees, such board shall have and exercise all power, authority and duties heretofore conferred on, vested in or required of the State Board of Education under any laws of this state with regard to the supervision, management and control of such university except as otherwise herein provided. The State Board of Education shall transfer to the Board of Trustees of Alabama State University all supplies, funds, books, documents, records and other property or effects of such university.
Ala. Code § 16-24-10 — Alabama Code / Title 16 / Chapter 24 / Section 16-24-10
Section 16-24-10 Cancellation of Contracts - Hearing Officer; Hearing; Appeal
Status: reserved

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
Ala. Code § 16-13-140 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-140
Section 16-13-140 Established for County and City School Systems; Form of Annual Budget Required; Public Hearings Required
Status: in_force

(a) There shall be a budget system for the public schools of each county and city for the purpose of promoting economy and efficiency in the finances of the public schools.

(b) The State Department of Education shall prepare proposed annual budget forms for each local board of education and shall make the forms available to each local superintendent of education by August 1 of the first year of each legislative quadrennium and by July 1 of each subsequent year of each legislative quadrennium for use with public hearings. The forms shall be clear, uniform, and concise in order to promote understanding by the general public of the budget process.

(c) Each local board of education shall hold at least two open public hearings pertaining to its proposed annual budget. Copies of the proposed budget shall be provided to the public at each hearing on forms provided by the State Department of Education. Each board shall seek input from the public concerning the proposed budget and the allocation of resources. Each hearing shall be held during a scheduled board meeting in a place and at a time convenient for the general public to attend. The chair of each board shall publicize the date and time of each hearing in the local media in advance of the hearing. In addition, notice of each hearing shall be posted in a conspicuous place at the offices of the local board of education, the county courthouse, the main municipal building, and at each affected school. The proposed budget shall reflect the total amount of resources available to the board from all funding and revenue sources. The projected enrollment and the total proposed expenditure by each board and for each school shall be available at the public hearings. The proposed budget shall clearly delineate the number of teachers, librarians, counselors, administrators and other support personnel projected to be employed at each school. The proposed budget shall clearly list the operating costs by category or function at each school. The proposed budget shall delineate by school those operating resources earned, including, but not necessarily limited to, those items contained in the Instructional Support Program of the Foundation Program, designating the amount of funds earned at each school per item based on average daily membership. After at least two public hearings have been held, the local board and superintendent shall cause a final budget to be developed consistent with the laws of this state, and shall make copies of the final budget available to the public upon request. Copies of the budget and other financial documents may be secured from the superintendent at a cost not to exceed the cost of production of the document.

(d) On or before October 1 of each year, each local board of education shall prepare and submit to the State Superintendent of Education the final annual budget adopted by the local board of education, which budget shall be prepared and submitted according to the classifications and items specified on forms provided therefor and in accordance with the regulations of the State Board of Education.

(e) No local board of education, or superintendent thereof, shall approve any budget for operation of the school for any fiscal year which shall show expenditures in excess of income estimated to be available by the various state and other officials, as required in Sections 16-13-141 and 16-13-142, plus any balances on hand, except under conditions set forth by the laws of the state governing the issuance of school warrants.
Ala. Code § 16-51-13 — Alabama Code / Title 16 / Chapter 51 / Section 16-51-13
Section 16-51-13 Scholarships to School of Nursing - Distribution
Status: in_force

There shall be awarded each year 30 scholarships to the School of Nursing of the University of North Alabama for nursing education. These scholarships shall be awarded to applicants from the state-at-large. They shall be distributed, insofar as practicable, throughout the state.
Ala. Code § 16-39-6 — Alabama Code / Title 16 / Chapter 39 / Section 16-39-6
Section 16-39-6 School Board Plans
Status: in_force

During the fifth year of implementation of the incremental five-year plan referred to above, each school board shall submit a long-range plan for providing appropriate instruction and special services for exceptional children and shall submit said long-range plan to the State Board of Education for its review and approval or disapproval. Such plan, unless thereafter modified with approval of the State Board of Education, shall be adhered to by the school board. Said long-range plans, and all modifications thereof, shall be resubmitted to the State Board of Education for its review and approval or disapproval at such intervals as may be established by the said state board in regulations, but not in any event less often than once every seven years or more often than once every two years. Disapproval of a plan or any amendments thereto shall be only because of failure of the plan to meet minimum standards set out in regulations of the state board adopted in accordance with Section 16-39-5, and any such disapproval must specify in detail the reasons for such disapproval. The procedure for approving, disapproving, establishing and enforcing such long-range plans shall be the same as that set forth hereinabove for the incremental five-year plans and the long-range plans shall include such provisions as may be appropriate for the following:

(1) Establishment of special education classes, instruction, curricula, facilities, equipment and special services;

(2) Utilization of teachers and other personnel;

(3) Attendance requirements for exceptional children;

(4) Services for exceptional children whose condition will not permit them to profit or benefit from any kind of school program, such as day care, recreation programs and other services and facilities; and

(5) Payment of tuition and other costs for attendance at appropriate semipublic or private schools or institutions which may be able to provide appropriate services for all or some exceptional children in comparison with that which can be provided through the school system, such as, for example: Children’s Center of Montgomery and Opportunity Center School in Birmingham. Such payment per exceptional child shall not exceed the average per pupil appropriation for all exceptional children in the school district, including allowances for teacher units, transportation and all other aid for exceptional children. Such payment shall, however, be limited to the extent that the child’s needs cannot be met in the schools and further limited to private institutions which are approved or accredited for such training by the State Board of Education. Institutions which have not met minimal standards as may be prescribed by the State Board of Education shall not be eligible by direct or indirect means to receive state funds. No funds shall be expended for training in any school or institution outside the State of Alabama.

(6) The enrollment of exceptional children at appropriate state institutions for such children, which enrollment shall relieve the school board from any further responsibility for any such child during the period of such enrollment.
Ala. Code § 16-9-24 — Alabama Code / Title 16 / Chapter 9 / Section 16-9-24
Section 16-9-24 Supervisors; Clerical Assistants; Offices; Equipment
Status: in_force

The county board of education may provide upon the nomination of the county superintendent of education, at least the following assistants: an elementary school supervisor and a statistical and stenographic clerk. No person shall be eligible for appointment as supervisor who does not hold a certificate of administration and supervision as required of county superintendents of education. The county board of education may employ additional clerical and professional assistants, including health supervisors, and may reimburse them for all actual traveling expenses necessary in the performance of their official duties. The county superintendent may maintain an office at the county seat, or any other location in the county provided for by local law in a county with a population of more than 100,000 persons according to the most recent United States Decennial Census. The county commission shall provide the county superintendent of education and his or her professional and clerical assistants with ample, convenient, and comfortable office quarters. The county commission shall also provide necessary furniture, office equipment, stationery, postage, forms, and supplies required by the county superintendent of education and his or her assistants.
Ala. Code § 16-21-33 — Alabama Code / Title 16 / Chapter 21 / Section 16-21-33
Section 16-21-33 Alabama Virtual Library Executive Council
Status: in_force

(a) There is created the Alabama Virtual Library Executive Council whose purpose shall be to manage and govern the AVL. The council shall be the collective decision making body for the AVL. The council, representing the five partner agencies, shall determine the vision for future expansion and development of the AVL through strategic planning and implementation that best supports the AVL mission of economy, equity, and excellence to benefit teachers, students, and all Alabama citizens in lifelong learning pursuits.

(b) The council shall be composed of 15 members with each of the following persons having three appointments each:

(1) The Chancellor of Postsecondary Education.

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

(3) The State Superintendent of the Alabama Department of Education.

(4) The Director of the Alabama Public Library Service.

(5) The Chief Executive Officer of the Alabama Supercomputer Authority.

(c) The members of the council shall serve at the pleasure of the appointing authority for a term not to exceed three years. A council member may be reappointed for subsequent three-year terms at the discretion of the appointing agency.

(d) The membership year shall correspond with the fiscal year beginning October 1 and ending September 30 of the subsequent year.
Ala. Code § 16-44A-2 — Alabama Code / Title 16 / Chapter 44A / Section 16-44A-2
Section 16-44A-2 Authorization, Enactment, and Adoption of the Alabama Compact for Leadership and Citizenship Education; Purpose, Intent, and Member Parties to the Compact
Status: in_force

The following compact, to be known as the Alabama Compact for Leadership and Citizenship Education, is hereby expressly authorized, enacted, and adopted:

(1) The purpose of this compact is to promote realization of the leadership development goals of the 1986 and 1992 Commissions on the Future of the South by cooperative efforts to enhance and expand leadership and citizenship education in Alabama.

(2) It is the intent of this compact that membership, programs, operations, and services of the compact should be inclusive and reflect the racial, geographic, urban/rural, and economic diversity of the state.

(3) Member parties to the compact shall be any organization, agency, or institution of the public, non-profit, or private sector which voluntarily chooses to subscribe to the purposes of the compact.

Ex officio members shall include: the Governor of Alabama, the Presiding Officer of the Senate, the Speaker of the House of Representatives, the members of the Legislature of Alabama, the State Superintendent of Education, the Alabama member representatives to the Southern Growth Policies Board, and the individuals elected as compact officers and members of the board of directors.

(4) Membership in the compact is voluntary, and any member may withdraw from membership at any time. Members may choose to participate or not to participate in any programs of the compact, and membership shall in no way restrict, diminish, impinge upon, create obligations of, or limit the autonomy of the respective compact members.
Ala. Code § 16-23-16 — Alabama Code / Title 16 / Chapter 23 / Section 16-23-16
Section 16-23-16 Rules and Regulations Relative to Training
Status: in_force

All laws and all rules and regulations of the State Board of Education relating to the preparation of teachers for service or the training of teachers in service shall be administered by the State Superintendent of Education, or through his professional assistants; provided, that the provisions of this section shall not be interpreted as being in conflict with other provisions of this title.
Ala. Code § 16-60-333 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-333
Section 16-60-333 Employment of Military Model in Structure and Purpose; Management of Library Archives, Etc.; Student Life and Military Regimen
Status: in_force

(a) The institute shall remain a military college dedicated to developing, guiding, and molding men and women of character with strong personal values. The institute shall employ a military model that is particularly adept at providing structure and developing organizational skills, time management skills, self-discipline, judgment, and leadership skills.

(b) The institute shall develop leaders for the military services and National Guard as well as civilian leaders for the State of Alabama. The development of civilian leaders shall focus on preparation to serve and lead in the government, business world, communities, medical field, law, and other essential pursuits. All cadets shall benefit from exposure to the military sciences, the arts, and proper social habits and manners. Additionally, cadets shall be subject to military discipline, guard duty, close order drill, parades, and a demanding physical regimen.

(c) Cadets shall remain under the close mentorship of faculty and former military officers who shall ensure obedience to the rules and regulations of the institute while cadets are developed in a wholistic way.

(d) All cadets shall wear the prescribed military uniform in keeping with the customs and traditions of the institute.

(e) Library archives, artifacts, and endowments shall remain with the institute and shall be managed by the board of trustees.

(f) Student life at the institute shall remain rigorous and challenging, and the virtues of whole person development shall be imbedded in the curriculum, military, and co-curricular programs. The president may impose reasonable disciplinary sanctions to include the authority to suspend, dismiss, and expel students for infractions inconsistent with good order and discipline and the values of the institute.

(g) Due to the unique and demanding requirements of the military regimen, admissions policies will be developed by the president with the counsel of the board of trustees and approved by the Chancellor.
Ala. Code § 16-3-19 — Alabama Code / Title 16 / Chapter 3 / Section 16-3-19
Section 16-3-19 Acceptance of Federal Funds by Board
Status: in_force

The State Board of Education may accept for the State of Alabama any appropriation of money for the removal of illiteracy, the teaching of immigrants and for other educational purposes which may hereafter be made out of the federal Treasury by any acts of Congress; and the State Board of Education shall be constituted the chief educational authority for the expenditure and administration of any such funds. Said board may make rules and regulations for the expenditure of such funds, such expenditure to be in accordance with the terms of the acts of Congress making such appropriations. The Treasurer of the state is hereby designated as custodian for all funds received as apportionments under the provisions of such act or acts of Congress.
Ala. Code § 16-44A-56 — Alabama Code / Title 16 / Chapter 44A / Section 16-44A-56
Section 16-44A-56 Review of Master Plan
Status: in_force

The master plan provided for in Section 16-44A-53 shall be subject to consultation with and review by the Joint Legislative Oversight Committee provided in Section 16-44A-59 and the Governor.
Ala. Code § 16-13B-6 — Alabama Code / Title 16 / Chapter 13B / Section 16-13B-6
Section 16-13B-6 Advance Disclosure of Bid Terms
Status: in_force

Any disclosure in advance of the terms of a bid submitted in response to an advertisement for bids shall render the proceedings void and require advertisement and award anew.
Ala. Code § 16-25-61 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-61
Section 16-25-61 Cost-of-Living Increase to Certain Retirees Participating Under Section 36-27-6
Status: in_force

(a) There is hereby provided, commencing October 1, 1990, to certain persons identified in subsection (b) herein, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1989, a cost-of-living increase of $1.00 per month for each year of service attained by said retiree plus $3.00 per month for each year of retirement attained by said retiree.

(b) The benefits provided in this section are limited to those retirees whose participation in the Employees’ Retirement System was based on Section 36-27-6, and whose employer at the time of retirement was a local board of education or a state supported institution of higher education. The benefits granted herein shall not apply to any other participants in the Employees’ Retirement System.
Ala. Code § 16-1-38.1 — Alabama Code / Title 16 / Chapter 1 / Section 16-1-38.1
Section 16-1-38.1 Professional Development Program for County and City Superintendents of Education
Status: in_force

(a) The School Superintendents of Alabama, a professional organization, shall establish and administer a professional development program for all county and city superintendents of education.

(b) This program shall draw guidance from the National Staff Development Council definition of professional development that is included in the proposal to amend ESEA Section 9101 (34)(C), currently before the U.S. Congress and defined as “a comprehensive, sustained and intensive approach to improving superintendents effectiveness in raising student achievement.”

(c) Professional development fosters collective responsibility for improved student performance and must be comprised of professional learning that:

(1) Is aligned with rigorous standards, as well as related local educational agency and school improvement goals.

(2) Is conducted among learning teams of educators, including teachers, paraprofessionals, and other instructional staff at the school.

(3) Is facilitated by well-prepared, professional development coaches, mentors, or other educational leaders.

(4) Engages established learning teams in a continuous cycle of improvement that:

a. Analyzes learning needs.

b. Defines a clear set of learning goals.

c. Achieves the learning goals by implementing coherent, sustained strategies that improve effectiveness and achievement.

d. Provides coaching or other forms of assistance to support the transfer of new knowledge and skills to new superintendents.

e. Regularly assesses the effectiveness of professional development in achieving identified learning goals.

f. May be facilitated and strengthened by external assistance.

(d) Professional development may be supported and strengthened by activities such as courses, workshops, institutes, networks, and conferences that:

(1) Address the learning goals and objectives established for superintendents.

(2) Advance the ongoing professional development of superintendents.

(3) Are provided by the School Superintendents of Alabama.

(a) Newly elected or appointed superintendents shall participate in the School Superintendents of Alabama’s Mentor and Executive Coaching Program, a free training program for new superintendents serving in member school systems. The program assists the new superintendent in doing all of the following:

a. Understanding the laws, rules, and regulations of Alabama.

b. Accessing statewide resources.

c. Establishing focused goals.

d. Managing expectations.

e. Crafting different strategies.

f. Maintaining integrity.

g. Following through after planning.

(2) Each new superintendent shall be assigned an executive coach, who is an experienced superintendent and who makes a minimum of eight contacts during the first year. In addition, quarterly meetings shall be held to provide information on all of the following:

a. Budget development, instructional planning, and personnel actions.

b. School system actions that must occur in the upcoming three-month period.

c. Identifying and addressing the issues and challenges of running the school district.

(3) A new superintendent may elect to continue the training for one additional year.
Ala. Code § 16-12-7 — Alabama Code / Title 16 / Chapter 12 / Section 16-12-7
Section 16-12-7 School Buildings and Grounds; Approval of Contracts Generally
Status: in_force

(a) The city superintendent of schools shall recommend to the city board of education for condemnation school buildings which are insanitary and unfit for use. He shall recommend all repairs, purchase of playgrounds, school grounds, school sites and buildings, or the sale of the same, and shall prepare, or cause to be prepared, all plans and specifications for the remodeling of old buildings and the construction of new buildings. He shall recommend, in his discretion, to the board of education an architect or architects to assist in the preparation of plans and specifications for remodeling old buildings, for the construction of new buildings and shall supervise such remodeling and construction.

(b) The city superintendent shall approve in writing all contracts of whatever kind entered into by the city board of education.
Ala. Code § 16-12-5 — Alabama Code / Title 16 / Chapter 12 / Section 16-12-5
Section 16-12-5 Recommendations of Educational Policy and Rules and Regulations
Status: in_force

The city superintendent of schools, subject to the provisions of this title, shall recommend for approval and adoption by the city board of education policies adapted to promote the educational interests of the city, and rules and regulations for the conduct of the schools.
Ala. Code § 16-9-1 — Alabama Code / Title 16 / Chapter 9 / Section 16-9-1
Section 16-9-1 Chief Executive and Secretary of Board of Education; Superintendent of Schools
Status: in_force

There shall be a county superintendent of education in each county of this state who shall act as the chief executive officer of the county board of education and who shall also be secretary of the county board of education. The county board of education of each county shall appoint a superintendent of schools for a term of from two to four years from the first day of July next succeeding his appointment.
Ala. Code § 16-25-11.4 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-11.4
Section 16-25-11.4 Purchase of Credit for Prior Service Rendered as Full-Time Employee in Office of Clerk of Circuit Court or with Alabama State Employees Association
Status: in_force

(a) Any acting and contributing member of the Teachers’ Retirement System of Alabama may elect to purchase credit for prior service rendered as a full-time employee in the office of a clerk of the circuit court in the State of Alabama or as a full-time employee with the Alabama State Employees Association provided the member complies with the following conditions prescribed in this section.

(b) Any employee electing to purchase credit under subsection (a) of this section shall pay to the Secretary-Treasurer of the Teachers’ Retirement System within one year after October 1, 1995, a lump sum payment equal to a percentage of the current annual salary or final average compensation, whichever is greater, of the member. The applicable percentage shall be the sum of the prevailing percentage rates of employer and member contributions as required by the most recent actuarial valuation.

(c) Anything in this section to the contrary notwithstanding, a member of the Teachers’ Retirement System shall not receive credit for the service where at the time of retirement he or she has credit or is entitled to receive any benefits whatsoever for the same service under any other retirement or pension plan which is wholly or partly funded from public funds; provided, however, that nothing herein shall be construed to apply to participation in the federal Social Security program. In the event of disqualification of the service credit, contributions made under this section by the member shall be refunded to him or her.
Ala. Code § 16-10-7 — Alabama Code / Title 16 / Chapter 10 / Section 16-10-7
Section 16-10-7 School Visited by Trustees
Status: in_force

The board of trustees shall visit the schools under its jurisdiction at least once each month and consult with the teachers and principals of the schools as to the progress of the pupils, conditions and cleanliness of the school and the grounds belonging to same and give such aid as in its power for the advancement of said schools.
Ala. Code § 16-40-42 — Alabama Code / Title 16 / Chapter 40 / Section 16-40-42
Section 16-40-42 Department Requirements
Status: in_force

The State Department of Education shall do both of the following:

(1) Prepare and deliver to participating school districts an appropriate insignia to be affixed to the diploma or transcript of the student indicating that the student has been awarded a State Seal of Biliteracy by the State Department of Education.

(2) Provide other information the department deems necessary for school districts to successfully participate in the program.
Ala. Code § 16-12-17 — Alabama Code / Title 16 / Chapter 12 / Section 16-12-17
Section 16-12-17 Payroll of City Superintendent
Status: in_force

The city superintendent of schools shall, at such times and in such manner as directed by the city board of education, under the rules and regulations promulgated by the State Superintendent of Education, prepare his payroll or payrolls for the payment of teachers, employees, bills and other items authorized by the city board of education. No public funds must be paid out by the city treasurer except on an order signed by the chairman of the city board of education, accompanied by a certificate of the city superintendent of schools that the payroll or order is correct, due and unpaid.
Ala. Code § 16-6C-1 — Alabama Code / Title 16 / Chapter 6C / Section 16-6C-1
Section 16-6C-1 Legislative Findings
Status: in_force

(a) Just as there is value in assigning grades that reflect the performance of public school students in Alabama, the Legislature finds that there is also value in assigning grades that reflect the performance of the public schools attended by public school students in Alabama. The Legislature further finds that an easy to understand school grading system would best serve the interests of the public as a whole, and specifically the parents and guardians of public school students, by providing another transparent layer of accountability for the public dollars allocated to elementary and secondary education in the state.

(b) The Legislature also finds that there is a need for a program to reward public K-12 schools in Alabama that demonstrate high achievement. The Legislature further finds that performance-based incentives and increased autonomy are commonplace in the private sector and should be infused into the public sector as a reward for productivity.
Ala. Code § 16-5-33 — Alabama Code / Title 16 / Chapter 5 / Section 16-5-33
Section 16-5-33 Funding
Status: in_force

The Alabama Commission on Higher Education may seek additional funding from foundations, governmental entities, federal grants, businesses, and other sources to supplement the state funding necessary to implement this article.
Ala. Code § 16-7-3 — Alabama Code / Title 16 / Chapter 7 / Section 16-7-3
Section 16-7-3 Members Not to Have Financial Interest in Facilities; Removal
Status: in_force

(a) No member of the commission shall have any financial interest in any facilities such as the commission is authorized to deal with.

(b) Members of the commission may be removed from office upon impeachment on the grounds and in the manner prescribed in Section 173 of the Constitution of Alabama.
Ala. Code § 16-28B-8 — Alabama Code / Title 16 / Chapter 28B / Section 16-28B-8
Section 16-28B-8 Suicide Prevention Programs, Training, and Policies; Advisory Committee; Liability
Status: in_force

(a) To the extent that the Legislature shall appropriate funds, or to the extent that any local board may provide funds from other sources, each school system shall implement the following standards and policies for programs in an effort to prevent student suicide:

(1) Foster individual, family, and group counseling services related to suicide prevention.

(2) Make referral, crisis intervention, and other related information available for students, parents, and school personnel.

(3) Foster training for school personnel who are responsible for counseling and supervising students.

(4) Increase student awareness of the relationship between drug and alcohol use and suicide.

(5) Educate students in recognizing signs of suicidal tendencies and other facts and warning signs of suicide.

(6) Inform students of available community suicide prevention services.

(7) Promote cooperative efforts between school personnel and community suicide prevention program personnel.

(8) Foster school-based or community-based, or both, alternative programs outside of the classroom.

(9) Develop a strategy to assist survivors of attempted suicide, students, and school personnel in coping with the issues relating to attempted suicide, suicide, the death of a student, and healing.

(10) Engage in any other program or activity which the local board determines is appropriate and prudent in the efforts of the school system to prevent student suicide.

(11) Provide training for school employees and volunteers who have significant contact with students on the local board policies to prevent harassment, intimidation, violence, and threats of violence.

(12) Develop a process for discussing with students local board policies relating to the prevention of student suicide and to the prevention of harassment, intimidation, violence, and threats of violence.

(13) Provide annual training for all certificated school employees in suicide awareness and prevention. This training may be provided within the framework of existing inservice training programs or as a part of required professional development offered by the local school system.

(b)(1) The State Department of Education shall create an advisory committee consisting of practitioners and representatives from all of the following organizations:

a. The School Superintendents of Alabama.

b. The Council for Leaders in Alabama Schools.

c. The Alabama Education Association.

d. The Alabama Association of School Boards.

e. The Jennifer Claire Moore Foundation.

f. Other pertinent mental health and suicide prevention organizations as determined by the department.

(2) The advisory committee shall assist the department in developing and adopting rules to provide for the training of certificated school employees in suicide awareness and prevention pursuant to subdivision (13) of subsection (a).

(3) The department and the advisory committee may develop a list of approved training materials to fulfill the requirements of subdivision (13) of subsection (a). Approved training materials may include, but not be limited to, any of the following:

a. Training materials that are currently being used by a local school system.

b. Training materials that provide instruction on identifying appropriate mental health services, both within the school system and within the larger community.

c. Training materials that may be completed through self-review.

(c) Each local school system shall adopt a policy on student suicide prevention. To assist local school systems in developing their own policies for student suicide prevention, the department and advisory committee shall establish a model policy for use by local school systems in accordance with this section.

(d) Any person involved in a cause of action or omission resulting from the implementation of this section or resulting from any training, or lack thereof, required by this section, shall be subject to Section 36-1-12.
Ala. Code § 16-24-22 — Alabama Code / Title 16 / Chapter 24 / Section 16-24-22
Section 16-24-22 Applicability to Cases Prior to July 1, 2004; Appropriations
Status: reserved

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
Ala. Code § 16-50-20 — Alabama Code / Title 16 / Chapter 50 / Section 16-50-20
Section 16-50-20 Creation; Composition; Nominating Committee; Training Sessions
Status: in_force

(a) There is created a Board of Trustees for Alabama State University, the state educational institution at Montgomery, Alabama. The board of trustees shall consist of two members from the congressional district in which the institution is located and one member from each of the other congressional districts in the state as constituted on October 6, 1975, and who shall reside in that district, four members from the state at large who shall reside in different districts, two at-large members who may be selected from outside the state, and the Governor, who shall serve as an ex officio member of the board. Except for a trustee at large, the position of any trustee shall be vacated at such time as he or she shall cease to reside in the district from which he or she was appointed. The position of state at-large trustee shall be vacated if the trustee serving in the position shall cease to reside in the State of Alabama. The trustees shall be appointed by the Governor, by and with the advice and consent of the Senate, in such manner that the membership shall consist of at least a majority who are alumni and who have received a bachelor’s degree from the university. The two at-large members who may be selected from outside the state shall be appointed in 2015 for initial terms of five years and six years, respectively, and for terms of six years thereafter. Commencing on June 11, 2015, members shall be appointed for terms of six years. All appointments shall be effective until adversely acted upon by the Senate. Provided, however, no trustee who is currently serving on the board or whose term has just expired, who has been previously confirmed by the Senate, shall be required to be reconfirmed for the new term under this section, once appointed by the Governor. Commencing on June 11, 2015, no member may be appointed to serve a second term of 12 years, and no member shall be appointed to serve as trustee for more than a total of 12 years or two six-year terms. No trustee shall receive any pay or emolument other than his or her actual expenses incurred in the discharge of his or her duties as such.

(b) No trustee who is serving on the board on April 30, 1986, shall lose his or her seat because of this section; provided, however, the Governor may re-designate the period of the term of these members so as to conform to subsection (a).

(c)(1) Commencing on June 11, 2015, each trustee shall be appointed by the Governor from a list of three persons nominated by a nominating committee. The nominating committee shall consist of the following members:

a. One member of the board as elected by the membership of the board.

b. One member of the faculty senate as selected jointly by the faculty senate and the staff senate and certified to the committee by the president of the faculty senate and the president of the staff senate.

c. The president of the student government association.

d. One member of the business community as selected by the Governor.

e. One member of the Montgomery County Legislative Delegation, as selected by the delegation.

f. The president of the national alumni association, or his or her designee.

g. A community representative as selected by the membership of the nominating committee.

(2) Where applicable, members of the nominating committee shall serve at the pleasure of the appointing authority for a period of at least one year.

(3) Thirty days before the expiration of the term of a board member, or within 20 days following the creation of a vacancy in a term of office by death, resignation, or other cause, the president pro tempore of the board shall call a meeting of the nominating committee, giving at least 10 days’ notice. The nominating committee, by majority vote of those present at the meeting, shall nominate to the Governor the names of three individuals who are qualified pursuant to subsection (a) to fill the respective position on the board. The Governor shall appoint one of the nominated persons to the board by and with the advice and consent of the Senate. If the appointment is made by the Governor while the Legislature is not in session, the name of the appointee of the Governor shall be submitted to the Senate not later than the third legislative day following the reconvening of the Legislature. If the appointment is made by the Governor while the Legislature is in session, the name of the appointee shall be submitted to the Senate not later than the next legislative day following the date of the appointment.

(4)a. If the vacancy on the board is caused by the expiration of the term of a trustee who has served for less than the maximum 12 years of service on the board, the vacating trustee shall continue to serve on the board until his or her successor is confirmed by the Senate. If the holdover trustee is reappointed to the board, the term of office for which he or she is reappointed shall be effective retroactive to the date of the expiration of the previous term. If a new trustee is appointed pursuant to this paragraph, the term of office for which he or she is appointed shall be effective retroactive to the date of the expiration of the previous term.

b. If the vacancy on the board is caused by death, resignation, or the expiration of the term of a trustee who has served for the maximum 12 years of service on the board, the position on the board shall remain vacant until the name of an appointee is submitted by the Governor to the Senate. If the appointee is neither confirmed nor rejected by the Senate during the session in which his or her name is submitted, the appointee shall nevertheless continue to serve in the position on the board until the next session of the Legislature, during which his or her name shall be resubmitted for confirmation. If an appointee is confirmed by the Senate, the term of office for which he or she is appointed pursuant to this paragraph shall be effective retroactive to the date the vacancy was created on the board, for the remainder of the unexpired term if the vacancy was created by death or resignation, or for the entire term if the vacancy was created by the expiration of the previous term. If an appointee is rejected by the Senate, the position on the board shall remain vacant as the nominating and appointing procedure provided in this subsection begins anew and until an appointment is made and confirmed by the Senate. If a trustee is appointed to fill an unexpired term of less than three years, the time shall not be counted toward the maximum 12 years of service.

(5) If the nominating committee fails to submit a list of nominees to the Governor within 60 days after a vacancy occurs due to expiration of term, death, resignation, or any other cause, the Governor, by and with the advice and consent of the Senate, may appoint an otherwise qualified trustee to the board, notwithstanding the absence of such nominations.

(d) The board shall provide for the conduct of annual training sessions for trustees regarding the fiduciary responsibility of a trustee to the university and any other topic deemed appropriate by the board.
Ala. Code § 16-13-198 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-198
Section 16-13-198 Use of District Funds
Status: in_force

The funds arising from levying a special tax for school purposes in any school tax district under the jurisdiction of the county board of education shall be used for the exclusive benefit of the public schools of such districts; provided, that in any school tax district where such tax is being levied there is no public school, the funds arising from levying said tax may be used for the purpose of transporting school children residing in such district to a school located in another district. In the case of cities and towns under independent boards, said county tax collector shall collect said taxes and pay over the same to the treasurer of said city or town to be used for the exclusive benefit of the schools thereof in accordance with the law.
Ala. Code § 16-13-199 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-199
Section 16-13-199 Municipality May Remain Under County Board of Education; Disposition of Tax When City Assumes Control of Schools
Status: in_force

When a municipality under the jurisdiction of a county board of education attains a population of 5,000 or more, according to the last decennial or any subsequent federal census, the schools of the municipality may remain under control of the county board by agreement between that board and the city council of the municipality, which agreement shall be expressed in resolutions adopted by and spread upon the minutes of the two authorities. If the municipality does not enter into such an agreement, the control of the school or schools of the territory within the municipality shall be vested in a city board of education, and thereafter the district school tax collected in the city shall be paid over to the custodian of city school funds, and the district school tax collected in the contiguous territory shall be paid over to the custodian of county school funds; provided, that so much of the proceeds of the special school tax collected in the original school tax district as may be required for the retirement of outstanding warrants issued against such tax, including the interest thereon, shall be paid over to the proper official or authority to be used for such purpose.
Ala. Code § 16-60-33 — Alabama Code / Title 16 / Chapter 60 / Section 16-60-33
Section 16-60-33 Accounts of Officers
Status: in_force

The secretary, the treasurer and all other officers, agents or servants of the college who are required to keep, use or dispose of any property of the college shall keep accounts of transactions relative thereto in books to be furnished them by the board of trustees, which shall at all reasonable times be open to the inspection and examination of the president, the board of trustees or anyone appointed by the board of trustees to inspect such books. Any person withholding such book or books belonging to the college from the inspection of any officer entitled to examine the same shall be immediately removed from his office or employment by the president or the board of trustees.
Ala. Code § 16-1-7 — Alabama Code / Title 16 / Chapter 1 / Section 16-1-7
Section 16-1-7 Eye Protective Devices for Pupils and Teachers Participating in Certain Courses
Status: in_force

(a) Every pupil and every teacher in the public schools shall wear industrial quality eye protective devices while participating in the following courses:

(1) Vocational or industrial arts, shops or laboratories involving experience with:

a. Hot molten metals;

b. Milling, sawing, turning, shaping, cutting or stamping of any solid materials;

c. Heat treatment, tempering or kiln firing of any metal or other materials;

d. Gas or electric arc welding;

e. Repair or servicing of any vehicle;

f. Caustic or explosive materials.

(2) Chemical or combined chemical-physical laboratories involving caustic or explosive chemicals or hot liquids or solids.

(b) The board of education or other governing authority of each school shall furnish the eye protective devices prescribed in this section free of charge to the pupils and teachers of the school participating in the courses described in subsection (a) of this section. The county board of education or other governing authority shall furnish eye protective devices to all visitors to the courses heretofore named.

(c) “Industrial quality eye protective devices” as used in this section shall mean devices meeting the current standards of the American Standard Safety Code for head, eye and respiratory protection, promulgated by the American Standards Association, Incorporated.
Ala. Code § 16-25A-42 — Alabama Code / Title 16 / Chapter 25A / Section 16-25A-42
Section 16-25A-42 Board Creation
Status: in_force

(a) There is hereby created the Public Education Flexible Employees Benefit Board, which shall consist of the chair and vice chair of the Public Education Employees’ Health Insurance Board and three members of the Public Education Employees’ Health Insurance Board, one of whom shall be the Director of Finance. Two members of the Public Education Employees’ Health Insurance Board shall be elected from the Public Education Employees’ Health Insurance Board’s membership as members of the Public Education Flexible Employees’ Benefit Board. The individuals presently holding the offices shall constitute the initial membership of the board, and their successors in office, by virtue of assuming such office, shall succeed to membership on the board. The Director of Finance may designate a person to attend the meetings from time to time and to vote in his or her absence.

(b) The board shall elect one of its members as chair of the board and another as vice chair and shall also elect a secretary who need not be a member of the board. The chair, vice chair, and the secretary shall serve as officers at the pleasure of the board. A majority of the members of the board shall constitute a quorum and the affirmative vote of a majority of those members present shall be necessary for any action taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all rights and perform all duties of the board.
Ala. Code § 16-5-13 — Alabama Code / Title 16 / Chapter 5 / Section 16-5-13
Section 16-5-13 Powers and Duties of Governing Boards of Public Institutions of Higher Education; Commission Relationship with State Board and Chancellor
Status: in_force

(a) Governing boards of the public institutions of higher education of this state shall retain all powers and duties heretofore given and conferred upon them by the constitution or by any law expressed or implied, to govern, control and operate the institutions for which they are responsible. The commission shall work with and support the respective boards and except where otherwise authorized by this statute, shall act in a fact-finding and advisory capacity.

(b) The State Board of Education and any successor board or boards which govern the state’s public postsecondary institutions, including senior institutions, community colleges, junior colleges and postsecondary technical institutes or colleges, shall stand in the same relationship to the commission as do university boards of trustees. The Chancellor shall stand in the same relationship to the commission as do presidents of the universities.
Ala. Code § 16-13-235 — Alabama Code / Title 16 / Chapter 13 / Section 16-13-235
Section 16-13-235 Local Boards of Education to Furnish Information and File Records; State Superintendent of Education to Provide Data; Rules and Regulations
Status: in_force

(a) All local boards of education are required, in order to receive state funds, to furnish all such information and to file such records and reports as may be required by the State Board of Education.

(b) The State Superintendent of Education shall provide to the Legislative Fiscal Office and the Department of Finance any and all data necessary to enable those departments to calculate the cost of the Foundation Program and other funding provisions of this article.

(c) The State Superintendent of Education and the State Board of Education are hereby authorized and required to promulgate such reasonable rules and regulations as may be necessary to implement the provisions of this article.
Ala. Code § 16-25-11.15 — Alabama Code / Title 16 / Chapter 25 / Section 16-25-11.15
Section 16-25-11.15 Purchase of Credit for Prior Service with Eligible Employer Under Employees’ Retirement System
Status: in_force

(a)(1) Any person who, as of July 1, 1990, is an officer or a regular employee of an employer participating in the Teachers’ Retirement System and who has previously been employed by another employer eligible for participation in the Employees’ Retirement System pursuant to Section 36-27-6, shall be eligible to receive creditable service for each year of service previously rendered to another employer eligible for participation in the Employees’ Retirement System pursuant to Section 36-27-6, for up to eight years of creditable service, provided, that the member claiming the credit shall have attained not less than 10 years of contributing membership service credit, exclusive of military service credit under the Teachers’ Retirement System, and the member performs and complies with the condition prescribed in subdivision (2).

(2) A member of the Teachers’ Retirement System eligible under subsection (a), may receive credit for service rendered to another employer eligible for participation in the Employees’ Retirement System as provided in subdivision (1), provided that prior to receiving the credit, the member shall contribute, prior to the date of his or her retirement, to the Teachers’ Retirement System, the full actuarially determined cost for each year of service purchased as determined by the system’s actuary. Notwithstanding the foregoing language, no member of the Teacher’s Retirement System shall be eligible to receive credit for any service that the member is already credited with in the system or in any other public retirement plan, with the exception of the federal Social Security program.

(b) The eligible employer defined in subsection (a) shall certify in writing to the Teachers’ Retirement System of Alabama the total employment status and earnable compensation by fiscal year for the member requesting the service credit.

(c) The member shall claim, purchase, and receive credit for all the service certified from the eligible employer up to a maximum of eight years. In addition, the member is only eligible for a maximum of eight years of service credit under this section regardless of the total number of eligible employers and total years of service.
Ala. Code § 16-36-62 — Alabama Code / Title 16 / Chapter 36 / Section 16-36-62
Section 16-36-62 Local Textbook Committee
Status: in_force

(a) A local textbook committee or committees shall be appointed by each separate local board of education. The number, size, and composition, which shall include parents, of the committee or committees shall be determined by each local board of education. A copy of local school board policies in regard to local textbook committees shall be kept on file by each local superintendent. Names of each person serving on a local textbook committee shall also be kept on file by each local superintendent.

(b) In order to qualify as a member of the committee, each member of the local textbook committee and its secretary shall prepare an affidavit to be filed with the local board of education within 10 days after notice of the member’s appointment stating each of the following:

(1) The member agrees to discharge faithfully all the duties imposed upon him or her as a member or as secretary of the textbook committee.

(2) The member has no interest, directly or indirectly, in any contract that may be made under this article for the purchase of textbooks.

(3) The member has no interest as author, as associate author, as publisher, or as a representative of the author or publisher of any textbooks.

(4) The member has no pecuniary interest, directly or indirectly, in the business or profits of any person, firm, or corporation engaged in manufacturing, publishing, or selling textbooks.

(5) The member agrees not to accept any emolument or promise of future reward of any kind from any publisher of textbooks, the publisher’s agent, or anyone interested in or intending to bias the member’s judgment in any way in the selection of any textbook for adoption.

(c) Members shall serve for terms of one year.

(d) The local textbook committee shall meet on call of the chairperson of the local board of education for the purpose of recommending textbooks to the local board of education from the list of adoptions by the State Board of Education or from a list submitted to the committee for consideration by the local superintendent or his or her designee, or from both lists. Textbooks which have been rejected by the State Board of Education shall not be considered for future adoption by the local board of education, except for the length of an existing local contract approved by the state superintendent. The recommendations of a local textbook committee shall be by majority vote for each textbook. No textbook shall be used in any public school of this state unless recommended by a local textbook committee and, upon the recommendation of a local superintendent, adopted by the local board of education.

(e) The adoption of a textbook by a local board of education shall be by majority vote of the local board of education and shall be for a period determined by the State Superintendent of Education. Not later than 30 days after the date of the local adoption, the local superintendent of education shall file a report with the State Superintendent of Education listing the title, the name of the author, the publisher, and the date of adoption of the textbook with verification to the state superintendent that all procedures described in subsection (d) have been followed. This procedure shall apply each time a textbook is adopted for use in a local school or school system.

(f) Publishers shall furnish samples of all state-adopted textbooks to each local board of education for evaluation by the local textbook committee. One copy of each textbook adopted by the local textbook committee shall be retained by the local board of education as an official sample. All samples not adopted by the local boards shall be returned to the publishers at the expense of the publishers, and samples of those books adopted shall become the property of the local boards of education. If the publisher fails to reclaim samples of nonadopted books within 90 days, the sample books shall become the property of the local board of education.

(g) Any textbook publisher that solicits a local textbook committee or local board to adopt their textbooks and has not participated in the state adoption process shall provide the reason for not participating in the state adoption process in writing to the local textbook committee and local board at the time of the solicitation. A copy of the document submitted to the local textbook committee and the local board of education shall also be sent to the State Superintendent of Education.

(h) Publishers shall be required to use a qualified depository in Alabama for distribution of state or local adopted textbooks if requested to do so by the local board of education and shall have a sufficient supply of the adopted textbooks on deposit at a qualified depository for distribution or sufficient ability to provide access to digital textbooks as ordered through a qualified depository. Nothing in this subsection shall preclude publishers from selling textbooks to the local board of education directly or through means other than a qualified depository for textbooks, but a publisher may not refuse to sell through a qualified depository. Regardless of whether a qualified depository is used in a transaction, the prices charged by a publisher shall not exceed the prices prescribed in subsection (c) of Section 16-36-64.
Ala. Code § 16-51-9 — Alabama Code / Title 16 / Chapter 51 / Section 16-51-9
Section 16-51-9 Board of Trustees - Payment of Expenses of Trustees
Status: in_force

The certificate of the president of the board or, in his absence, of the president pro tempore, countersigned by the secretary, shall entitle the several trustees to the payment of their actual expenses incurred in the discharge of their duties as such trustees.
Ala. Code § 16-5-6 — Alabama Code / Title 16 / Chapter 5 / Section 16-5-6
Section 16-5-6 Long-Range Planning
Status: in_force

The commission shall be responsible for statewide long-range planning for postsecondary education in Alabama. Such planning shall be the result of continuous study, analysis and evaluation. Plans will include the establishment of statewide objectives and priorities with methods and guidelines for achieving them.
Ala. Code § 16-35-2 — Alabama Code / Title 16 / Chapter 35 / Section 16-35-2
Section 16-35-2 Oath and Compensation of Members
Status: in_force

Before transacting any business, each member of the State Courses of Study Committee and its secretary shall take an oath before someone authorized to administer oaths to discharge faithfully the duties imposed upon him or her as a member or as secretary of said State Courses of Study Committee, and that he or she has no interest as an author, an associate author, a publisher, a representative of authors or publishers, and that he or she is in no way connected with the distribution of books, or pecuniarily interested directly or indirectly in the business or profits of any person, firm or corporation anywhere engaged in manufacturing, publishing or selling school books.

Members of the State Courses of Study Committee shall be paid a per diem at the rate provided by state law during the time they are in session; provided, that the committee shall not remain in session at any one time for a longer period than 30 days and in addition shall receive travel expenses at the rate provided by state law for mileage from their homes to the place of meeting and return, the per diem and mileage to be paid from the appropriations made to the State Department of Education.
Ala. Code § 16-39-33 — Alabama Code / Title 16 / Chapter 39 / Section 16-39-33
Section 16-39-33 Rules and Regulations; Request for Funding
Status: in_force

The State Board of Education shall promulgate rules and regulations governing the total operation of the Catastrophic Trust Fund for Special Education and shall request funding for the Catastrophic Trust Fund for Special Education.
Ala. Code § 16-3-16 — Alabama Code / Title 16 / Chapter 3 / Section 16-3-16
Section 16-3-16 Teachers’ Training and Certification; Reciprocity
Status: in_force

(a) Subject to the provisions of Chapter 23 of this title, the State Board of Education, through its executive officer, shall prescribe rules and regulations governing the training and the certification of teachers in the public schools of the state, and for the acceptance of the diplomas of the colleges and universities of Alabama, as well as of other states. The State Board of Education, with the advice of the State Superintendent of Education, shall have full power and authority to promulgate and adopt rules and regulations governing the issuance of professional and special, alternative, and emergency certificates consistent with the provisions of Chapter 23 of this title.

(b) Alabama shall use certification by the National Boards of Professional Teaching Standards as national reciprocity when national certification has been fully implemented.
Ala. Code § 16-65-4 — Alabama Code / Title 16 / Chapter 65 / Section 16-65-4
Section 16-65-4 Creation of Authority; Members, Organization, Etc
Status: in_force

There is hereby created a public body corporate and politic to be known as Alabama Higher Education Equipment Loan Authority. The authority shall not be a state institution nor a department or agency of the state, but shall be an instrumentality of purely public charity performing an essential governmental function, being a distinct corporate entity. The Governor shall be the president of the authority, the State Treasurer shall be the vice president thereof, and the Director of Finance shall be the secretary thereof. The State Treasurer shall be treasurer thereof, shall act as custodian of its funds, 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 such office by reasons of death, resignation, expiration of his or her term of office, or for any other reason, then his or her successor in office shall take his or her place as a member, officer, or director, as the case may be, 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 or she may render or for any duty he or she 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 at least two members of the authority, and shall be recorded in a substantially bound book and filed in the office of the secretary. Copies of 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 § 16-37-1 — Alabama Code / Title 16 / Chapter 37 / Section 16-37-1
Section 16-37-1 Acceptance of Provisions of Federal Act
Status: in_force

The State of Alabama hereby accepts all of the provisions and benefits of an act passed by the United States Congress entitled “an act to provide for the promotion of vocational education, to provide for cooperation with the states in the promotion of vocational education, to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries, to provide for cooperation with the states in the preparation of teachers of vocational subjects and to appropriate money and regulate its expenditure,” (20 U.S.C.A., §§11 through 28) approved February 23, 1917.
Ala. Code § 16-29-3 — Alabama Code / Title 16 / Chapter 29 / Section 16-29-3
Section 16-29-3 Certificate of Examination Furnished Pupil
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 16-3-25 — Alabama Code / Title 16 / Chapter 3 / Section 16-3-25
Section 16-3-25 Removal of Appointees; Filling of Vacancies in Office of Appointees
Status: in_force

The State Board of Education may remove for incompetency, immorality, misconduct in office or willful neglect of duty, any person appointed under the provisions of this title, not subject to the provisions of the state Merit System, upon making known to him in writing the charge against him and upon giving him an opportunity of being heard in person or by counsel in his own defense, upon not less than 10 days’ notice. In case of vacancy due to any cause, the State Board of Education shall fill the vacancy, unless otherwise provided, and until a successor shall qualify.
Ala. Code § 16-17A-9 — Alabama Code / Title 16 / Chapter 17A / Section 16-17A-9
Section 16-17A-9 Eminent Domain
Status: in_force

An authority shall have, in addition to all other powers granted by this chapter, the same power of eminent domain as is vested by law in the sponsoring university under Section 18-1A-295.
Ala. Code § 16-5-30 — Alabama Code / Title 16 / Chapter 5 / Section 16-5-30
Section 16-5-30 Committee Established to Improve Postsecondary Education Participation; Membership
Status: in_force

The Alabama Commission on Higher Education shall establish a statewide steering committee to improve participation in two-year and four-year postsecondary education. The commission shall appoint the members of the steering committee. The committee shall be composed of representatives of each of the following groups:

(1) Two-year postsecondary institutions.

(2) Four-year postsecondary institutions.

(3) The State Parent-Teacher Association.

(4) The organization that represents the majority of education employees in the state.

(5) The organization that represents the majority of school boards.

(6) Governmental agencies.

(7) Foundations.

(8) The business community.

(9) The Alabama AFL-CIO.