reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-16 - Consolidation of Schools - in Two Counties - Apportionment of Funds.

Section 16-8-16
Consolidation of schools - In two counties - Apportionment of funds.
The county boards of education of the counties which have formed a consolidated school composed of territory lying within different counties shall apportion funds to the consolidated school or schools in the same manner as to any other school in the county. The funds apportioned to such consolidated school shall be paid over to the custodian of school funds of the county in which the school building is located or is to be located.
(School Code 1927, §104; Code 1940, T. 52, §80.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-18 - Joint Maintenance of Schools - Between Counties; Attendance by Pupils Near County Lines.

Section 16-8-18
Joint maintenance of schools - Between counties; attendance by pupils near county lines.
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.
(School Code 1927, §101; Code 1940, T. 52, §77; Acts 1961, Ex. Sess., No. 199, p. 2178.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-19 - Joint Maintenance of Schools - State-Line Schools.

Section 16-8-19
Joint maintenance of schools - State-line schools.
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.
(School Code 1927, §106; Code 1940, T. 52, §81.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-20 - Annexing to City Territory Embracing Schools - Retention of Control Pending Agreements.

Section 16-8-20
Annexing to city territory embracing schools - Retention of control pending agreements.
When any part of the territory embracing a school under the supervision and control of the county board of education is annexed to a city having a city board of education by extension of the corporate limits of such city, the county board of education shall retain supervision and control of said school and for school purposes shall retain the same control of the territory and revenues which it exercised prior to such annexation, for the purpose of using and devoting said school to the benefit of all children who were or would be entitled to the use and benefit of the school so long as it was a county school, until an agreement has been made between the county board of education and the city board of education, and the city council or commission or other governing body of the city to which the territory was annexed, with reference to the matter of existing indebtedness and of providing the same or equivalent school facilities for the children in that part of the territory in the school district or districts not annexed or made a part of such city.
(School Code 1927, §114; Code 1940, T. 52, §83.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-21 - Annexing to City Territory Embracing Schools - When Arbitration of Agreement Required; Appointment of Board of Arbitration.

Section 16-8-21
Annexing to city territory embracing schools - When arbitration of agreement required; appointment of Board of Arbitration.
If an agreement under Section 16-8-20 is not reached within 30 days after the annexation, wherever such annexation occurs in any county having a population of less than 400,000 according to the last or any succeeding federal census, or within three years after the annexation, if such annexation occurs in a county having a population of 400,000 or more according to the last or any succeeding federal census, it shall then be mandatory to refer the final disposition of the matter to arbitration by a board consisting of three members, one to be selected by the county board of education, one to be selected by the city board of education and the third member to be selected by these two members. If the two said members are unable to agree upon the third member of the Board of Arbitration, the State Superintendent of Education shall appoint the third member.
(School Code 1927, §115; Code 1940, T. 52, §84; Acts 1949, No. 430, p. 626, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-22 - Annexing to City Territory Embracing Schools - Hearing by Board of Arbitration.

Section 16-8-22
Annexing to city territory embracing schools - Hearing by Board of Arbitration.
The Board of Arbitration shall secure all facts available relative to the matter, hold a public hearing for the purpose of giving an opportunity for every contention to be presented by both evidence and argument and determine all matters relative to the transfer of the control, existing indebtedness and use of such school. The findings of a majority of said Board of Arbitration shall be binding on all concerned.
(School Code 1927, §116; Code 1940, T. 52, §85.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-23 - Appointment and Removal of Teachers.

Section 16-8-23
Appointment and removal of teachers.
The county board of education shall appoint, upon the written recommendation of the county superintendent, all principals, teachers, clerical and professional assistants authorized by the board. The county board may suspend or dismiss for immorality, misconduct in office, insubordination, incompetency or willful neglect of duty, or whenever, in the opinion of the board, the best interests of the school require it, superintendents, principals, teachers or any other employees or appointees of the board, subject to the provisions of Chapter 24 of this title.
(School Code 1927, §117; Code 1940, T. 52, §86.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-24 - Full-Time Employment of Teachers by County Board.

Section 16-8-24
Full-time employment of teachers by county board.
Nothing shall be construed as preventing a county board of education from contracting with teachers and other employees for a longer period of time than that actually devoted to teaching or the conduct of the schools while actually in session. But no teacher or employee shall be entitled to receive any payment from public funds unless his time has been employed as required by the contract of employment and unless all current records for which such teacher or employee is responsible shall have been kept with care and accuracy, and no teacher or employee of the board shall be entitled to receive any payment from public funds unless all records and reports required by the State Superintendent of Education or county board of education shall have been properly made and submitted.
(School Code 1927, §175; Code 1940, T. 52, §135.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-25 - Vacations and Leaves of Absence.

Section 16-8-25
Vacations and leaves of absence.
The county board of education shall have the authority, under the rules and regulations promulgated from time to time by the State Board of Education, to provide for leaves of absence and vacations by the employees of the boards and for the payment from public funds to the employees of the boards for leaves of absence or vacations, or both. The boards may provide leaves of absence during the times the schools are not in session for the teachers and employees on full pay when the teacher or employee devotes the leave of absence to instructing in or attending schools for teacher training or in the manner approved by the State Board of Education as beneficial to the educational work of the county and may also provide for the payment of any full-time teachers for absences during the time schools are in session where the absence results from sickness or some other unavoidable cause which prevents the teacher from discharging his or her duties. Notwithstanding the foregoing, any teacher not utilizing or being paid for the sick leave accrued in any one year pursuant to regulations of the State Department of Education may accumulate days at the rate of one day per month for the months employed and carry over the unutilized days to the next consecutive year or years of employment for the same school system, or for any other school system in which the educator may later be employed, until he or she shall accumulate the maximum number of days as provided in subsection (b) of Section 16-1-18.1. Pay for the absences resulting from unavoidable causes other than sickness shall not be allowed for a longer time than one week during any one year. The allowance of such pay shall at all times be in the discretion of the county board of education.
(School Code 1927, §176; Acts 1931, No. 85, p. 164; Code 1940, T. 52, §136; Acts 1963, 2nd Ex. Sess., No. 90, p. 255, §1; Acts 1969, No. 1100, p. 2035, §1; Acts 1977, No. 802, p. 1383, §1; Acts 1982, No. 82-616, p. 1158, §1; Acts 1988, No. 88-261, p. 402, §2; Acts 1993, No. 93-714, p. 1399, §1; Acts 1994, 1st Ex. Sess., No. 94-825, p. 154, §4.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-26 - Definitions; Personal Leave for Teachers During Time Schools Are in Session; Reimbursement for Unused Personal Leave.

Section 16-8-26
Definitions; personal leave for teachers during time schools are in session; reimbursement for unused personal leave.
(a) When used in this section, the following terms shall have the following meanings:
(1) BOARD. Any public city or 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 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; and, as applied to two-year postsecondary education institutions, the State Board of Education.
(2) SUPPORT PERSONNEL or SUPPORT EMPLOYEE. Maid, custodian, adult bus driver, lunchroom or cafeteria worker, secretary, clerk, clerical assistant, maintenance worker, or other non-certificated employee who works an average of at least 20 hours weekly, excluding those employees who are covered by the State Merit System and the employees at the Alabama Industries for the Blind.
(3) TEACHER. Any certificated employee in the public schools; and for postsecondary institutions, any instructor, professor, or any other position requiring at least a baccalaureate degree.
(b) Each board may grant up to five days of personal leave to each teacher and support employee annually noncumulative, during the time the schools are in session for teachers, and during the regularly scheduled work year for support personnel. The board shall enact written policies providing for the uniform administration of personal leave consistent with Section 16-1-30. The board shall determine whether personal leave is to be with part pay, full pay, or without pay. Any approved leave for which the state's Foundation Program includes funding shall be with pay. Each board shall grant not less than two days of paid personal leave to its support personnel each scholastic year. Personal leave may, at the discretion of the teacher, be reimbursed to the teacher at the end of the school year at the same daily rate as is paid to substitute teachers for each day of personal leave not taken by the teacher. The number of unused personal leave days subject to reimbursement shall be limited to the number of personal leave days for which state or local funding is provided. No teacher, or support employee, as a condition to receive personal leave, shall be required to divulge his or her reasons for requesting such leave.
(c) The teacher or support employee may choose to convert personal leave days to sick leave days at the end of the school year. Only those unused or unreimbursed personal leave days which are funded by the state or the board shall be eligible for conversion to sick leave days.
(Acts 1971, No. 1151, p. 1998, § 1; Acts 1984, No. 84-251, p. 403, §1; Acts 1995, No. 95-314, p. 634, §12; Acts 1997, No. 97-444, p. 751, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-27 - Transportation of Employees.

Section 16-8-27
Transportation of employees.
County boards of education may at their discretion provide for the transportation of employees of such boards of education to and from schools along with pupils on established pupil transportation route schedules where such transportation can be provided without extra mileage or the overcrowding of school buses; provided, that the county board of education shall not be liable for any damage which may occur to such employee of the school board so transported.
(Acts 1947, No. 143, p. 47, § 1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-28 - Courses of Study.

Section 16-8-28
Courses of study.
The county board of education shall prescribe, on the written recommendation of the county superintendent of education, courses of study for the schools under its jurisdiction, and a printed copy of these courses of study shall be supplied to every teacher and to every interested citizen of the county, subject to the provisions of this title.
(School Code 1927, §118; Code 1940, T. 52, §87.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-29 - Schools Graded and Standardized.

Section 16-8-29
Schools graded and standardized.
The county board of education shall, upon the written recommendation of the county superintendent of education, grade and standardize all the schools under its jurisdiction, subject to the provisions of this title.
(School Code 1927, §119; Code 1940, T. 52, §88.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-30 - Uniform Opening Date of Schools.

Section 16-8-30
Uniform opening date of schools.
The county board of education, in order to expedite the payment of teachers' salaries and to make possible efficient supervision, shall fix a uniform date each year for the opening of all schools in the county under its jurisdiction, and all schools as far as in the opinion of the county board of education may be practicable shall open on said date. If for any reason the board shall permit any schools to open at later date, the reports and records of such schools shall be made so as to conform to the scholastic months, counting from the uniform date hereinabove mentioned.
(School Code 1927, §120; Code 1940, T. 52, §89.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-31 - Quadrennial School Census.

Section 16-8-31
Quadrennial school census.
The county board of education, subject to the rules and regulations of the State Board of Education, shall cause to be taken, under the direction of the county superintendent of education, a quadrennial school census of the children in the county between the ages of six and 19, inclusive. The school census shall be taken in July of 1946, and thereafter every four years, and the county superintendent of education, upon the direction at any time of the State Superintendent of Education, shall cause the whole or any part of any school census in his county to be retaken.
(School Code 1927, §121; Code 1940, T. 52, §90; Acts 1943, No. 313, p. 300.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-32 - Census Enumerators.

Section 16-8-32
Census enumerators.
The county board of education, upon the recommendation of the county superintendent of education, shall appoint a sufficient number of enumerators to take the census of the county during the month of July or at such other time as the State Superintendent of Education shall cause the whole or any part of any school census in a county to be retaken. The county board of education, upon the recommendation of the county superintendent of education, shall fix the compensation of the enumerators taking any school census and shall order them paid out of the treasury of the county. The report of the enumerators shall be made under oath to the county superintendent of education not later than the fifteenth day of August next succeeding for the census taken during the month of July, and not later than seven days after the direction of the State Superintendent of Education where the census or part thereof has been caused by the State Superintendent of Education to be retaken.
(School Code 1927, §122; Code 1940, T. 52, §91.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-33 - Custodian of County School Funds.

Section 16-8-33
Custodian of county school funds.
Repealed by Act 2006-196, p. 275, §5, effective June 1, 2006.
(School Code 1927, §94; Acts 1935, No. 507, p. 1090, §1; Code 1940, T. 41, §76; Code 1940, T. 52, §70.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-34 - Compulsory School Attendance Districts.

Section 16-8-34
Compulsory school attendance districts.
The county board of education shall, upon the recommendation of the county superintendent of education, arrange the county into one or more appropriate and convenient compulsory school attendance districts, shall keep full and complete records of the boundaries thereof and shall see to it that the compulsory attendance law is enforced.
(School Code 1927, §127; Code 1940, T. 52, §95.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-35 - Conditions of Promotion of Pupils.

Section 16-8-35
Conditions of promotion of pupils.
The county board of education, upon the recommendation of the county superintendent of education, shall prescribe the conditions on which pupils in the elementary schools, limited to the first six grades of elementary instruction, may be admitted to junior high schools, and also the conditions upon which pupils in junior high schools may be admitted to senior high schools.
(School Code 1927, §128; Code 1940, T. 52, §96.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-36 - Grades Included in Public Schools.

Section 16-8-36
Grades included in public schools.
The public schools of the county shall include elementary schools, that is, grades one to six, inclusive; junior high schools, that is, grades seven to nine, inclusive; and senior high schools, that is, grades 10 to 12, inclusive, except as otherwise authorized by the State Board of Education.
(School Code 1927, §126; Code 1940, T. 52, §94.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-37 - Annual Report Published.

Section 16-8-37
Annual report published.
The county board of education shall publish annually in the month of October in the county newspaper at the county seat of each county a full and complete statement of the receipts by source and disbursements by function of the county for the 12 months' period ending September 30 in such form as is required by the State Superintendent of Education at the same time it forwards said statement to the State Superintendent of Education. The county board of education shall also publish annually in the county newspaper at the county seat of each county in the month of October, a statement of the outstanding indebtedness of the board of education on September 30, which statement must show the schedule by years for retiring said indebtedness and shall separate funded indebtedness from unfunded indebtedness, and the statement shall show the resources available to pay such unfunded indebtedness. The county board of education may also cause to be prepared and published annually in sufficient quantities for distribution among the citizens of the county a report covering the condition, current accomplishments and needs for the improvement of the schools. The refusal or negligent failure of any member of the county board of education to comply with the provisions of this section shall constitute a misdemeanor, and the State Superintendent of Education shall withhold the payment of public school funds until the provisions of this section have been complied with.
(School Code 1927, §123; Code 1940, T. 52, §92; Acts 1943, No. 313, p. 300; Acts 1953, No. 130, p. 178, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-38 - Forms of Reports May Be Prescribed.

Section 16-8-38
Forms of reports may be prescribed.
The county board of education shall prescribe, upon the recommendation of the county superintendent of education, forms and blanks on which school trustees, supervisors, attendance officers, principals, teachers, janitors and other regular employees shall make such reports as shall be required from them by the county board of education.
(School Code 1927, §129; Code 1940, T. 52, §97.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-39 - Reports by County Board to State Board.

Section 16-8-39
Reports by county board to state board.
The county board of education shall make all the reports required to the State Board of Education at such time, upon such items and in such form and on such blanks as may be prescribed by the State Board of Education.
(School Code 1927, §131; Code 1940, T. 52, §98.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-40 - Acquisition of Property; Right to Sue and Contract; Execution of Process.

Section 16-8-40
Acquisition of property; right to sue and contract; execution of process.
(a) The county board of education shall have the right to acquire, purchase by the institution of condemnation proceedings if necessary, lease, receive, hold, transmit and convey the title to real and personal property for school purposes.
(b) It may sue and contract. All contracts shall be made after resolutions have been adopted by the board and spread upon its minutes.
(c) All processes shall be executed by service on the executive officer of the board.
(School Code 1927, §132; Acts 1933, Ex. Sess., No. 87, p. 81; Code 1940, T. 52, §99.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-41 - Establishment and Maintenance of Kindergartens and Playgrounds; Age Limits of Children Admitted to Kindergarten.

Section 16-8-41
Establishment and maintenance of kindergartens and playgrounds; age limits of children admitted to kindergarten.
The county boards of education shall have power to establish and maintain within their systems of public schools kindergartens and playgrounds for the children who are bona fide residents of and living within their respective jurisdictions. If kindergartens are established and maintained, children from five to eight years of age may be admitted on such terms and conditions which county boards of education may prescribe.
(Acts 1971, No. 1935, p. 3125, § 1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-42 - Insurance on Schools.

Section 16-8-42
Insurance on schools.
The county board of education is charged with the duty of seeing that every school building whose title is vested in the state, county or school district is insured for its insurable value and to this end may use a part of the proceeds of incidental fees, district tax levies or such other funds as may be specifically set apart for such purpose by the county board of education.
(School Code 1927, §134; Code 1940, T. 52, §101.)
2023 Code of Alabama › Title 16 - Education. › Chapter 8 - County Boards of Education. › Section 16-8-43 - Sanitary Rest Rooms.

Section 16-8-43
Sanitary rest rooms.
The county board of education shall provide sanitary, hygienic, suitable and convenient rest rooms for the children of the public schools under its jurisdiction, not less than two for each school or building when both sexes are in attendance, with separate means of access to each. It shall be the duty of said boards to make provisions for keeping the said rest rooms in a clean, comfortable, sanitary and hygienic condition.
(School Code 1927, §99; Code 1940, T. 52, §75.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-1 - Chief Executive and Secretary of Board of Education; Superintendent of Schools.

Section 16-9-1
Chief executive and secretary of board of education; superintendent of schools.
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.
(School Code 1927, §138; Code 1940, T. 52, §102.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-2 - Qualifications of Superintendent.

Section 16-9-2
Qualifications of superintendent.
(a) The county superintendent of education shall be chosen for his general fitness and character and shall be a person of recognized ability as a school administrator. No person shall be eligible for appointment by any county board of education or for any political party nomination, or for election to the office of county superintendent of education unless such person:
(1) Holds an Alabama certificate in administration and supervision based upon requirements established by the State Board of Education for such certificate;
(2) Has had not less than five years of experience in public school work at the time he assumes office;
(3) Submits proof to the State Superintendent of Education of three years of successful educational experience as a teacher, principal, supervisor, superintendent, educational administrator or instructor in school administration during the five years next preceding his appointment or election;
(4) Submits proof to the county board of education that he holds a degree from a recognized four-year college or university; and
(5) If such person is to be appointed by the county board of education, submits proof to the county board that he is knowledgeable in school administration.
(b) A county superintendent of education, whether elected or appointed, need not be a resident or qualified elector of the county in which he is to serve. In every county where the county superintendent of education is elected by popular vote, he shall be nominated and elected in the same manner as other county officers are nominated and elected under the state election laws.
(School Code 1927, §139; Acts 1927, No. 511, p. 606, §1, 1 1/2; Code 1940, T. 52, §103; Acts 1943, No. 313, p. 300; Acts 1947, No. 20, p. 6, §1; Acts 1959, No. 298, p. 871, §1; Acts 1969, Ex. Sess., No. 38, p. 95, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-3 - Bond of Superintendent.

Section 16-9-3
Bond of superintendent.
Repealed by Act 2006-196, p. 275, §5, effective June 1, 2006.
(School Code 1927, §94; Acts 1933, Ex. Sess., No. 191, p. 203, §2; Acts 1935, No. 507, p. 1090, §1; Code 1940, T. 41, §76.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-4 - Misdemeanor to Print Name of Person Without Certificate on Ballot; Candidates.

Section 16-9-4
Misdemeanor to print name of person without certificate on ballot; candidates.
Any person securing his name, or the name of another printed on a ballot as a candidate for, or nomination by a political party as a candidate for the office of county superintendent of education, without first there having been filed with the probate judge, as required by law, the certificate signed by the State Superintendent of Education that the person whose name is printed on the ballot holds a certificate of administration and supervision, and any officer permitting the printing on a ballot of the name of a person as a candidate for, or nomination by a political party as a candidate for the office of county superintendent of education when there has not been filed with the probate judge such certificate shall be subject to a penalty of $250.00, recoverable in the name of the state for the use of any school board first instituting an action therefor. Any resident of the county may institute an action for such recovery for any school board of the county. Before any person shall become an applicant for employment by a county board of education, as county superintendent of education, and before any person shall qualify as a candidate for or for the nomination of a political party as a candidate for the office of county superintendent of education for a county in which such officer is elected by the qualified voters of the county, such person shall file with the probate judge a certificate signed by the State Superintendent of Education that such person holds a certificate of administration and supervision as required by the law prescribing the qualifications of a county superintendent of education. At the grand jury of the county assembled next after making of such affidavits, the record of the same shall be submitted to the grand jury. In any prosecution for perjury under this section the record of the affidavit shall be admissible in evidence.
(School Code 1927, §§140, 141; Code 1940, T. 52, §104.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-5 - Nomination by Political Party.

Section 16-9-5
Nomination by political party.
Any political party may, in a county where the county superintendent is elected by a direct vote of the qualified electors, either nominate a candidate for such office or may certify to the probate judge that said political party desires to leave the election of a county superintendent of education to the county board of education. Whenever any political party certifies that such political party desires to leave the selection of such officer to the county board of education, the probate judge shall cause to be entered on the ballot where the names of such candidates (if nominated) would appear, the following: "For selection by the county board of education." Such proposition shall appear on the ballot before the names of the candidates and be arranged so that the elector may express his choice for such proposition in the same manner as he expresses his choice for a candidate. Every qualified elector may vote for such selection by the county board of education or for any candidate for such office. In the event more votes are cast for selection by the county board of education than for any candidate, then the county board shall select such officer for the ensuing term. No elector shall be disqualified from participating in any party caucus, convention or election because he voted for the proposition or selection by the county board of education even though his political party nominated a candidate for such position.
(School Code 1927, §142; Code 1940, T. 52, §105.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-6 - Primary Election to Nominate Superintendent.

Section 16-9-6
Primary election to nominate superintendent.
Whenever any political party holds a primary election for the nomination of candidates in counties where county superintendents are elected by a direct vote of the qualified electors and one or more persons qualify as candidates for nomination by such political party as candidate for county superintendent of education, there shall be entered on the ballot of such primary election with the names of such candidates for county superintendent of education the proposition: "For selection by the county board of education." Such proposition shall appear on the ballot before the names of the candidates and be arranged so that the elector may express his choice for such proposition in the same manner as he expresses his choice for a candidate. If more votes are cast for selection by the county board of education than for any candidate, then the duly constituted authority of such political party holding such primary election shall certify to the probate judge that said political party favors the selection of said county superintendent of education by the county board of education.
(School Code 1927, §143; Code 1940, T. 52, §106.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-7 - Instructions on Ballot.

Section 16-9-7
Instructions on ballot.
When county superintendents are elected by a direct vote of the people, or nominated at a primary election, and the proposition of selection by the county board is also submitted at such election, there must be printed instructions on the ballot of such election substantially as follows: "Vote either for selection by county board of education or for one candidate."
(School Code 1927, §144; Code 1940, T. 52, §107.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-8 - Taking Office on January 1 Following Election; Procedure Where Successful Candidate Dies or Resigns Prior to Taking Office.

Section 16-9-8
Taking office on January 1 following election; procedure where successful candidate dies or resigns prior to taking office.
(a) In counties in which the county superintendent of education is elected by popular vote, the successful candidate shall take office on January 1 following the date of election. In the event the successful candidate dies or resigns prior to January 1 following the date of election, a successor shall be elected at a special election held for that purpose set upon proclamation of the Governor. County party committees may call primary elections to be held in accordance with Chapter 7 of Title 17, to determine party candidates at the special election. In the event one candidate at the election does not receive a majority of all votes cast at the election, there shall be held a run-off election three weeks after the date of the first election between the two candidates who received the highest number of votes. The incumbent shall continue to hold office until a successor is elected and qualified.
(b) An elected county superintendent of education holding office on May 27, 1997, shall continue to serve the remainder of his or her term. If an elected county superintendent of education resigns or dies in office, his or her successor shall serve only until January 1 following the election of a successor. This section shall apply to the term of any county superintendent of education elected after May 27, 1997.
(Acts 1943, No. 569, p. 573, § 1; Acts 1981, No. 81-271, p. 354, § 1; Acts 1997, No. 97-630, p. 1144, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-9 - Term of Office When County Board Selects Superintendent.

Section 16-9-9
Term of office when county board selects superintendent.
Where the qualified electors of a county in which county superintendents of education are elected by a direct vote of the people vote to leave the selection of such officer to the county board of education, the county board of education shall not have authority to appoint a county superintendent of education for a longer term than the ensuing term prescribed by the law relating to the county.
(School Code 1927, §145; Code 1940, T. 52, §108.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-10 - Certificate of Administration and Supervision.

Section 16-9-10
Certificate of administration and supervision.
Any person possessing the qualifications prescribed by law for a certificate of administration and supervision required as a qualification of a county superintendent of education shall be entitled to have a certificate signed by the State Superintendent of Education showing such qualifications upon application in writing on blanks prescribed by the State Board of Education and the submission of satisfactory proof showing that he is entitled to the same. It shall be the duty of the State Superintendent of Education, where a person is qualified to receive such certificate and has complied with the provision of law relative to securing same, to forthwith issue the same. In the event the State Superintendent of Education when it is his duty to do so fails to issue such certificate within two weeks and there is no good reason for such failure, he shall be subject to a penalty of $250.00 to be recovered for the benefit of the person entitled to such certificate in a suit by such person in the Circuit Court of Montgomery County.
(School Code 1927, §146; Code 1940, T. 52, §109.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-11 - Vacancies.

Section 16-9-11
Vacancies.
(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.
(School Code 1927, §148; Code 1940, T. 52, §110; Acts 1981, No. 81-558, p. 938, §1; Act 2010-210, p. 332, §2; Act 2011-573, p. 1216, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-12 - Full-Time Office; Salary; Traveling Expenses.

Section 16-9-12
Full-time office; salary; traveling expenses.
The county superintendant of education shall devote his or her entire time to pubic school business, unless authorized to engage in outside employment by the county board of education. In counties in which the maximum salary of the county superintendent of education is not fixed by law, the county superintendent of education shall receive such compensation, including salary and travel expenses, as the county board of education shall direct. In counties where superintendents of education are elected by a direct vote of the qualified electors, the salary for the office must be fixed prior to the beginning of the term of office.
(School Code 1927, §149; Acts 1936-37, Ex. Sess., No. 160, p. 181, §1; Code 1940, T. 52, §111; Acts 1943, No. 313, p. 300; Act 2018-410, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-13 - Powers and Duties as Executive Officer of Board.

Section 16-9-13
Powers and duties as executive officer of board.
The county superintendent of education, as the executive officer of the county board of education, shall see that the laws relating to the schools, the rules and regulations of the state and county boards of education are carried into effect. The county superintendent of education shall have authority to administer oaths and to examine witnesses, under oath, in any part of the county on any matter pertaining to the public schools of the county, and to cause the examination to be reduced to writing.
(School Code 1927, §150; Code 1940, T. 52, §112.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-14 - Recommendations as to Kind, Location, etc., of Schools and Compulsory School Attendance Districts.

Section 16-9-14
Recommendations as to kind, location, etc., of schools and compulsory school attendance districts.
The county superintendent of education, subject to the provisions of this title, shall recommend for approval and adoption by the county board of education the kind, grade and location of schools to be established and maintained and the compulsory school attendance districts to be established.
(School Code 1927, §151; Code 1940, T. 52, §113.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-16 - Conferences Called and Conducted.

Section 16-9-16
Conferences called and conducted.
The county superintendent of education, as executive officer of the county board of education, shall call and conduct conferences with principals, teachers, attendance officers, school trustees and other interested citizens and shall in every way seek to foster in teachers professional insight and efficiency and to develop public interest in education.
(School Code 1927, §153; Code 1940, T. 52, §115.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-17 - Building Program; Local Attendance District Boundaries.

Section 16-9-17
Building program; local attendance district boundaries.
(a) The county superintendent of education shall recommend a building program adequate to the present and future needs of the schools in the county, subject to the provisions of this title.
(b) He shall recommend a plan for the laying out of such local attendance district or districts as will best serve the interests of the entire county and shall submit the same for approval and adoption by the county board of education.
(School Code 1927, §154; Code 1940, T. 52, §116.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-18 - Condemnation and Improvement of Buildings and Playgrounds; Approval of Contracts.

Section 16-9-18
Condemnation and improvement of buildings and playgrounds; approval of contracts.
The county superintendent of education shall recommend to the county board of education for condemnation school buildings which are unsanitary and unfit for use. He shall recommend in writing all repairs, purchase of playgrounds and school sites and buildings to be erected with state, county and local aid and shall see to it that the plans and specifications and the rules and regulations of the State Board of Education, with reference to the erection, repair and equipment of the school buildings, are carefully followed. He shall approve in writing all contracts of whatever kind entered into by the county board of education.
(School Code 1927, §155; Code 1940, T. 52, §117.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-19 - Conditions of Admittance to High Schools.

Section 16-9-19
Conditions of admittance to high schools.
The county superintendent of education, subject to the provisions of this title, shall prepare and submit for approval and adoption by the county board of education rules and regulations governing the conditions under which children may be admitted to junior and senior high schools of the county.
(School Code 1927, §156; Code 1940, T. 52, §118.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-20 - Plans for Consolidated Schools.

Section 16-9-20
Plans for consolidated schools.
The county superintendent of education, subject to the provisions of this title, shall work out plans for the consolidation of schools and for the grounds, buildings and equipment of such consolidated schools, and shall submit the same for approval and adoption by the county board of education.
(School Code 1927, §157; Code 1940, T. 52, §119.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-21 - Courses of Study.

Section 16-9-21
Courses of study.
Subject to the rules and regulations of the State Board of Education, the county superintendent of education shall prescribe courses of study for the schools of the county and submit the same for approval and adoption by the county board of education. Printed copies of these courses of study shall be supplied to every teacher and interested citizen of the county.
(School Code 1927, §158; Code 1940, T. 52, §120.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-22 - Grading and Standardizing Schools.

Section 16-9-22
Grading and standardizing schools.
Subject to the rules and regulations of the State Board of Education, the county superintendent of education shall prepare rules and regulations for grading and standardizing all public schools of the county and shall submit the same for approval and adoption by the county board of education. He shall grade and standardize all public schools of the county and shall recommend the same for the approval of the county board of education.
(School Code 1927, §159; Code 1940, T. 52, §121.)
2023 Code of Alabama › Title 16 - Education. › Chapter 9 - County Superintendents of Education. › Section 16-9-23 - Nomination, Assignment, Removal, etc., of Teachers, Employees, Etc.

Section 16-9-23
Nomination, assignment, removal, etc., of teachers, employees, etc.
The county superintendent of education shall nominate in writing for appointment by the county board of education all principals, teachers and all other regular employees of the board. He shall assign them to their positions, transfer them as the needs of the schools require, recommend them for promotion, suspend them for cause and recommend them for dismissal, subject to the provisions of Chapter 24 of this title.
(School Code 1927, §161; Code 1940, T. 52, §123.)