reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 16 - Education. › Chapter 25A - Public Education Employees' Health Insurance. › Article 2 - Public Education Flexible Emplpyees' Benefits Program. › Section 16-25A-41 - Definitions.

Section 16-25A-41
Definitions.
The following terms shall have the following meanings, unless the context clearly indicates otherwise:
(1) BOARD. The Public Education Flexible Employees Benefit Board.
(2) EMPLOYEE. Any person employed by a state or local board of education, postsecondary institution, or other employer with employees as defined by Sections 16-25A-1 and 16-25A-11 participating in a state health insurance program.
(3) EMPLOYER. Any local board of education within the State of Alabama or other public institution of education within the state that provides instruction at any combination of grades K-14 exclusively, under the auspices of the State Board of Education, or the Alabama Institute for Deaf and Blind, or entities whose employees are covered by the Public Education Employees' Health Insurance Plan pursuant to Section 16-25A-11.
(4) INTERNAL REVENUE CODE. The Internal Revenue Code of 1986, as amended.
(5) PARTICIPATING EMPLOYEE. An employee who elects to participate in the flexible benefit plan and meets the requirements set forth in the plan.
(6) SALARY REDUCTION AGREEMENT. A written agreement between a participating employee and a state agency, department, board of education, institution, or other employer with employees as defined by Section 16-25A-1, whereby the employee agrees to reduce his or her salary by a stated amount, or an amount equal to the cost of benefits selected under a flexible employee benefit plan, and the state agency, department, board of education, or other employer with employees as defined by Section 16-25A-11 agrees to contribute such amounts to cover the cost of benefits selected by the participating employee, including related administrative expenses.
(Act 2004-650, 1st Sp. Sess., p. 31, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25A - Public Education Employees' Health Insurance. › Article 2 - Public Education Flexible Emplpyees' Benefits Program. › Section 16-25A-42 - Board Creation.

Section 16-25A-42
Board creation.
(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.
(Act 2004-650, 1st Sp. Sess., p. 31, §3.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25A - Public Education Employees' Health Insurance. › Article 2 - Public Education Flexible Emplpyees' Benefits Program. › Section 16-25A-43 - Establishment of Flexible Employee Benefit Plan; Long-Term Care Plan.

Section 16-25A-43
Establishment of flexible employee benefit plan; long-term care plan.
The board is authorized to establish a flexible employee benefit plan for employees in compliance with Section 125 and any other applicable sections of the Internal Revenue Code. The flexible employee benefit plan may provide for payments or salary reductions for qualified benefits in accordance with Section 125 of the Internal Revenue Code, which presently include health insurance premiums, group life insurance, disability insurance, supplemental health and accident insurance, dependent care expenses, and such other types of employee benefits permitted under Section 125 and any other applicable sections of the Internal Revenue Code. Furthermore, the board may establish a long-term care plan for employees.
(Act 2004-650, 1st Sp. Sess., p. 31, §4.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25A - Public Education Employees' Health Insurance. › Article 2 - Public Education Flexible Emplpyees' Benefits Program. › Section 16-25A-44 - Participation of Employees; Purchase of Benefits.

Section 16-25A-44
Participation of employees; purchase of benefits.
In order to carry out the provisions of the flexible employee benefit plan or any long-term care plan, or both, the head of each department, agency, board of education, or other employer with employees as defined by Section 16-25A-1 shall provide, at no local administrative cost to the employee, the flexible employee benefit plan as provided for in this article to every employee and is authorized on behalf of the state to deduct or reduce from salary or wages amounts voluntarily designated by the employees pursuant to salary reduction agreements or benefit deduction agreements for purchasing benefits offered under the plan and such reduction from salary and wages shall be remitted to the board for administration of the program. Employers with employees as defined by Section 16-25A-11 must offer such benefits as required by and under such conditions as established by the board.
(Act 2004-650, 1st Sp. Sess., p. 31, §5.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25A - Public Education Employees' Health Insurance. › Article 2 - Public Education Flexible Emplpyees' Benefits Program. › Section 16-25A-45 - Rules and Regulations; Contracts for Services.

Section 16-25A-45
Rules and regulations; contracts for services.
The board shall promulgate rules and regulations to implement the flexible benefits program, including, but not limited to, setting policies and requirements concerning the administration of employee payments, amounts deducted pursuant to salary reduction agreements, and advances from the Public Employees' Health Insurance Plan and appropriations, if any. The board may contract for services with the Flexible Employees' Benefit Board for the first year of operation of the plan regarding pretax deductions for the payment of employee health insurance premium payments authorized by the board and may contract for services with the Flexible Employees' Benefit Board or other entities in subsequent years. The board may contract for necessary services to implement the flexible benefits program including, but not limited to, the administration of salary reduction agreements and non-health insurance premium components of the flexible benefits plan.
(Act 2004-650, 1st Sp. Sess., p. 31, §6.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25A - Public Education Employees' Health Insurance. › Article 2 - Public Education Flexible Emplpyees' Benefits Program. › Section 16-25A-46 - Liability Under Article.

Section 16-25A-46
Liability under article.
The board and the head of each department, agency, board of education, or other employer with employees as defined by Sections 16-25A-1 and 16-25A-11 and their employees shall not incur any liability to any employee for errors or omissions in the performance of any agreement authorized by this article.
(Act 2004-650, 1st Sp. Sess., p. 31, §7.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25A - Public Education Employees' Health Insurance. › Article 2 - Public Education Flexible Emplpyees' Benefits Program. › Section 16-25A-47 - Payroll Deduction of Contributions; Applicability to Local School Boards.

Section 16-25A-47
Payroll deduction of contributions; applicability to local school boards.
Employee premium contributions shall be deducted from payroll by all employers on a pretax basis as permitted under Section 125 of the Internal Revenue Code. All employers must offer a flexible benefit plan to all employees by October 1, 2005. Local school boards which are deemed by this article to be an employer retain the right to extend contracts or agreements related to plans in existence as of October 1, 2005, or to change companies offering the same plan benefits.
(Act 2004-650, 1st Sp. Sess., p. 31, §8.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25B - Retirement Trust for Football Coaches of Public Institutions of Higher Learning. › Section 16-25B-1 - Election of Participation.

Section 16-25B-1
Election of participation.
Notwithstanding any other provisions to the contrary, any football coach employed by any public, four-year institutions of higher learning located in this state may elect to participate in the American Football Coaches Retirement Trust under the conditions provided herein.
(Acts 1991, No. 91-656, p. 1242, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25B - Retirement Trust for Football Coaches of Public Institutions of Higher Learning. › Section 16-25B-2 - Participants Not Eligible for State Plans.

Section 16-25B-2
Participants not eligible for state plans.
A football coach who elects to participate in the said trust will be ineligible to contribute to either the state's deferred compensation or profit sharing plans administered on behalf of state employees during any calendar year in which such football coach makes contributions to the trust.
(Acts 1991, No. 91-656, p. 1242, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25B - Retirement Trust for Football Coaches of Public Institutions of Higher Learning. › Section 16-25B-3 - Institutions Authorized to Make Contributions on Behalf of Participants.

Section 16-25B-3
Institutions authorized to make contributions on behalf of participants.
It is the expressly declared intent of the Legislature that any institution which employs a participant in the trust is authorized to make contributions or payments to the trust on behalf of participants.
(Acts 1991, No. 91-656, p. 1242, §3.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25B - Retirement Trust for Football Coaches of Public Institutions of Higher Learning. › Section 16-25B-4 - Board of Trustees to Administer Coaches' Participation.

Section 16-25B-4
Board of trustees to administer coaches' participation.
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.
(Acts 1991, No. 91-656, p. 1242, §4.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25B - Retirement Trust for Football Coaches of Public Institutions of Higher Learning. › Section 16-25B-5 - Annual Report; Contents.

Section 16-25B-5
Annual report; contents.
The boards of trustees of public, four-year institutions of higher learning in this state shall be jointly responsible for filing an annual report on the status of the trust. The report shall be filed with the State Treasurer no later than May 1 of each year, and shall cover the most recently ended plan, year ending on December 31. The report as specified herein shall include the following:
(1) Year-end financial statements including auditor's statements when available;
(2) Reports detailing contributions, and any earnings received by the trust;
(3) Reports listing each participating state employee's contributions made to the trust for the calendar year which were deducted from such employees' compensation;
(4) Status reports relative to total participation in the trust;
(5) Copies of any amendments made to the plan; and
(6) Publications by the trust's administrator to the members and/or other interested parties.
(Acts 1991, No. 91-656, p. 1242, §5.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25B - Retirement Trust for Football Coaches of Public Institutions of Higher Learning. › Section 16-25B-6 - Effect of Trust Deferred Compensation on Other Programs.

Section 16-25B-6
Effect of trust deferred compensation on other programs.
Notwithstanding any other provision of the law, any compensation deferred under this chapter shall be considered part of an employee's compensation for purposes of any other employee retirement, pension or benefit program. No deferral of income under this chapter shall effect a reduction of any retirement, pension or other benefit program otherwise provided by law.
(Acts 1991, No. 91-656, p. 1242, §6.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25B - Retirement Trust for Football Coaches of Public Institutions of Higher Learning. › Section 16-25B-7 - Inclusion for Federal Income Taxes.

Section 16-25B-7
Inclusion for federal income taxes.
As provided by the United States Internal Revenue Code, any sum deferred under the trust shall not be included for the purposes of computation of any federal income taxes withheld on behalf of any employee.
(Acts 1991, No. 91-656, p. 1242, §7.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25B - Retirement Trust for Football Coaches of Public Institutions of Higher Learning. › Section 16-25B-8 - Authority to Participate In, Suspend or Withdraw From Trust.

Section 16-25B-8
Authority to participate in, suspend or withdraw from trust.
The State Finance Director, the Senate Chairman of the Finance and Taxation Committee, the House Chairman of the Ways and Means Committee, and the Chief Executive Officer of the Alabama Retirement Systems shall be responsible for authorizing the participation in the trust as conferred by this chapter, for suspending participation in the trust at any time, or withdrawing from participation in the trust at any time.
(Acts 1991, No. 91-656, p. 1242, §8.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25C - Public Education Defined Contribution Savings Plan. › Section 16-25C-1 - Legislative Intent.

Section 16-25C-1
Legislative intent.
It is the intent of the Legislature to make available to participants a defined contribution plan as described in Section 401 of the Internal Revenue Code, so as to enable the participants to conveniently and economically receive the fullest benefits offered by federal tax law as it relates to qualified defined contribution savings plans for public employees covered by a mandatory defined benefit public employee savings plan and participating in voluntary supplemental deferred compensation or tax sheltered annuity plans under Internal Revenue Code Sections 457 and 403(b) respectively.
(Act 2001-704, p. 1562, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25C - Public Education Defined Contribution Savings Plan. › Section 16-25C-2 - Definitions.

Section 16-25C-2
Definitions.
As used in this chapter, the following terms have the following meanings:
(1) BOARD. The Board of Control of the Public Education Employees' Defined Contribution Savings Fund.
(2) ELIGIBLE EMPLOYER. An employer or other entity who compensates a participant for the public service.
(3) FUND. The Public Education Employees' Defined Contribution Savings Fund.
(4) PARTICIPANT. A person who elects to participate in the fund who makes voluntary employee contributions into a 457 deferred compensation plan or a 403(b) tax sheltered annuity plan and who is a member of the Teachers' Retirement System.
(Act 2001-704, p. 1562, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25C - Public Education Defined Contribution Savings Plan. › Section 16-25C-3 - Fund; Creation; Board of Control.

Section 16-25C-3
Fund; creation; board of control.
The Public Education Employees' Defined Contribution Savings Fund is created. The fund shall be administered by a board of control of seven individuals appointed by the Alabama Education Association.
(Act 2001-704, p. 1562, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25C - Public Education Defined Contribution Savings Plan. › Section 16-25C-4 - Operation of Board.

Section 16-25C-4
Operation of board.
(a) At its first meeting, the board shall elect one of its members as chair.
(b) The board may adopt regulations necessary to implement this chapter. Regulations adopted are exempt from the Alabama Administrative Procedure Act.
(c) The board may contract with one or more entities for the daily operation and investment of funds under this chapter.
(d) The board may adopt one or more defined contribution plans as described in Section 401 of the Internal Revenue Code if the board determines that doing so will offer substantial tax benefits to any segment of the participants covered under this chapter.
(Act 2001-704, p. 1562, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25C - Public Education Defined Contribution Savings Plan. › Section 16-25C-5 - Investments.

Section 16-25C-5
Investments.
To the extent not in conflict with the Internal Revenue Code, all investments shall be subject to any limitations established and adopted by the board.
(Act 2001-704, p. 1562, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25C - Public Education Defined Contribution Savings Plan. › Section 16-25C-6 - Participation.

Section 16-25C-6
Participation.
(a) Participation in this fund shall be voluntary under regulations adopted by the board and in accordance with the Internal Revenue Code.
(b) Any person who becomes ineligible for participation in the fund due to the termination of his or her employment with an eligible employer, or due to other reasons, may leave his or her vested accumulations on account with the fund. In that event, no further contributions may be accepted on the account of the person unless the person is reemployed by an eligible employer or again becomes eligible.
(Act 2001-704, p. 1562, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25C - Public Education Defined Contribution Savings Plan. › Section 16-25C-7 - Contributions.

Section 16-25C-7
Contributions.
(a)(1) By July 1 of each year, the board, based on the funds appropriated by the Legislature for employer contributions to defined contribution savings plans for the ensuing fiscal year and the number of participants, shall determine the maximum amount of employer match contribution available for each participant. Nothing in this chapter shall be deemed to require the Legislature to appropriate an employer match or any other monies to the Employee Savings Plan.
(2) The employer match contribution as established in subdivision (1) shall be available to each participant in the plan and funded into the 401 plan established by the board for the participant.
(3) The board shall make a similar determination for employees of any other agency electing to participate in a defined contribution savings plan under this chapter whose employees are not included within an appropriation for employer contributions by the Legislature.
(4) Such agencies referred to in subdivision (3) may participate in the plan, subject to regulations of the board.
(b) Each participant shall contribute elective deferrals deducted from the participant's compensation to a 457 deferred compensation plan or a 403(b) tax sheltered annuity plan as the participant's contribution to a plan under this chapter.
(c) Each participant shall receive employer contributions into the 401 plan as specified in subdivision (2) of subsection (a) of an amount equal to participant contributions into a 457 deferred compensation plan or a 403(b) tax sheltered annuity plan as specified in subsection (b). Such employer contribution shall not exceed the maximum employer match available for each participant as determined annually in subdivision (1) of subsection (a).
(d) The participant's contribution, if any, and any employer's match contribution shall be transmitted to the appropriate entity under subsection (c) of Section 16-25C-4. The employer shall transmit such contributions during each pay cycle as established by the employer.
(Act 2001-704, p. 1562, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25C - Public Education Defined Contribution Savings Plan. › Section 16-25C-8 - Administrative Cost.

Section 16-25C-8
Administrative cost.
The administrative cost for the operation of the fund shall be provided through investment earnings or contributions to the fund. No additional state funds may be used to administer this chapter.
(Act 2001-704, p. 1562, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25C - Public Education Defined Contribution Savings Plan. › Section 16-25C-9 - Relation to Other Retirement Provisions.

Section 16-25C-9
Relation to other retirement provisions.
Nothing in this chapter shall limit or otherwise lessen the State of Alabama's, current or future, obligation to fund the Employees' Retirement System, the Teachers' Retirement System, or the Judicial Retirement Fund. The provisions of this chapter, in whole or in part, may not be used to allow a person otherwise covered under the Retirement Systems of Alabama to opt out or otherwise cease participation in the Employees' Retirement System, the Teachers' Retirement System, or the Judicial Retirement Fund. The State of Alabama or any political subdivision thereof may not substitute or cause to be substituted this Employee Savings Plan or any other defined contribution plan for the state retirement defined benefit plan that currently exists in the Employees' Retirement System, the Teachers' Retirement System, or the Judicial Retirement Fund.
(Act 2001-704, p. 1562, §3.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25D - Education Retirees' Trust Fund Funding Act of 2021 › Section 16-25D-1 - Short Title.

Section 16-25D-1
Short title.
This chapter shall be known and may be cited as the Education Retirees' Trust Fund Funding Act of 2021.
(Act 2021-464, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25D - Education Retirees' Trust Fund Funding Act of 2021 › Section 16-25D-2 - Legislative Findings.

Section 16-25D-2
Legislative findings.
The Legislature finds that it is advisable for the state to create an irrevocable trust whereby the state may begin funding periodic bonus checks for Alabama retired education employees. Therefore, the Teachers' Retirement System Board of Control shall create an irrevocable trust named the Education Retirees' Trust Fund in accordance with this chapter.
(Act 2021-464, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25D - Education Retirees' Trust Fund Funding Act of 2021 › Section 16-25D-3 - Definitions.

Section 16-25D-3
Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
(1) BENEFICIARY. Any individual who receives a pension, annuity, retirement allowance, or other benefit provided by Chapter 25.
(2) BOARD OF CONTROL. The Board of Control of the Teachers' Retirement System established pursuant to Section 16-25-2.
(3) FISCAL YEAR. The fiscal year of the state as may from time to time be provided by law.
(4) PERIODIC BONUS CHECKS. Periodic bonus checks granted by the Education Retirees' Trust Fund to retirees and beneficiaries of the Teachers' Retirement System.
(5) PERMITTED INVESTMENTS. All assets and properties in which the Retirement Systems of Alabama may invest as permitted by law.
(6) RETIRED EMPLOYEE. A former employee who is a participant in the Teachers' Retirement System pursuant to Chapter 25 and who satisfies the definitions of retirement and teacher, support personnel, or employee as provided in Section 16-25-1.
(7) TRUSTEE. A trustee serving on the board of control.
(8) TRUST FUND. The Education Retirees' Trust Fund created by this chapter.
(Act 2021-464, §3.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25D - Education Retirees' Trust Fund Funding Act of 2021 › Section 16-25D-4 - Education Retirees' Trust Fund.

Section 16-25D-4
Education Retirees' Trust Fund.
(a) There is created the Education Retirees' Trust Fund evidenced by a written trust instrument, the terms and conditions of which shall be determined by the board of control creating the trust fund.
(b) The trust shall be managed and controlled by its trustees. The trustees shall serve without compensation for their service as trustees, but may be reimbursed from the trust for all reasonable and necessary expenses that they incur in connection with their service as trustees.
(Act 2021-464, §4.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25D - Education Retirees' Trust Fund Funding Act of 2021 › Section 16-25D-5 - Liability, Immunity, and Indemnification of Trustees.

Section 16-25D-5
Liability, immunity, and indemnification of trustees.
(a) A trustee may not be any of the following:
(1) Personally liable for any liability, loss, or expense suffered by the trust fund, unless the liability, loss, or expense arises out of, or results from, conduct described in Section 36-1-12.
(2) Responsible for the adequacy of the trust fund to meet and discharge any obligation under the relevant pension plan.
(3) Required to take action to enforce the payment of any contribution or appropriation to the trust fund.
(b) A trustee is immune from suit to the same extent as the state, its agencies, officers, and employees.
(c) A trustee may be indemnified by the trust fund and from funds of the trust fund against costs, liabilities, losses, damages, and expenses including, but not limited to, attorney's fees, as may be more fully provided in a respective trust fund agreement, unless the cost, liability, loss, damage, or expense arises out of, or results from, the willful misconduct or intentional wrongdoing of the trustee.
(Act 2021-464, §5.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25D - Education Retirees' Trust Fund Funding Act of 2021 › Section 16-25D-6 - Board of Control.

Section 16-25D-6
Board of control.
(a) The board of control, through the trustees, shall have all powers necessary for the management and control of the trust fund and to carry out and effectuate the purposes of this chapter including, but not limited to, the following:
(1) To adopt, alter, and repeal rules for the operation and conduct of the affairs and business of the trust fund.
(2) To make, enter into, and execute contracts, agreements, and other instruments and to take other actions as necessary for the management and operation of the trust fund, to accomplish any purpose for which the trust fund was created, or to exercise any power granted by this chapter.
(3) To enter into contracts with, to accept aid and grants from, to cooperate with, and to do any and all things necessary to avail the trust fund of the aid and cooperation of the United States, the state, or any agency, instrumentality, or political subdivision of either, in furtherance of the purposes of this chapter.
(4) To appoint, employ, and contract with employees, agents, advisors, and consultants including, but not limited to, attorneys, accountants, actuaries, financial experts, and other advisors, consultants, and agents as determined necessary by the trustees and to establish any compensation to be paid from the funds of the trust fund.
(5) To invest the funds of the trust fund in any permitted investment.
(b) The expenses of making and disposing of investments, including brokerage commissions, legal expenses referable to a particular transaction, transfer taxes, and other customary transactional expenses with respect to a trust shall be payable out of the funds of the trust fund.
(Act 2021-464, §6.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25D - Education Retirees' Trust Fund Funding Act of 2021 › Section 16-25D-8 - Investment of Funds; Operation of Trust Fund.

Section 16-25D-8
Investment of funds; operation of trust fund.
(a) It is the intent of the Legislature that the Teachers' Retirement System invest the funds of the trust fund and the trustees operate the trust fund in compliance with the Internal Revenue Code in a manner that could allow the trust fund to maximize investment earnings while minimizing the costs to the trust fund. It is also the intent of the Legislature that the trust fund be operated in a manner that satisfies the definition of other post-employment benefits trusts under generally accepted governmental accounting principles.
(b) The trust fund is not subject to any law which conflicts with the intent of the Legislature as expressed in subsection (a) or prevents or unreasonably hinders the accomplishment of the purposes of this chapter.
(Act 2021-464, §8.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25D - Education Retirees' Trust Fund Funding Act of 2021 › Section 16-25D-9 - Construction of Article.

Section 16-25D-9
Construction of article.
Nothing in this chapter shall be construed to define or otherwise grant any right or privilege to periodic bonus checks or other pension benefits to any person other than those periodic bonus checks, rights, and privileges previously or already granted to employees and retired employees and their beneficiaries by the Teachers' Retirement System pension plan. The rights and privileges, if any, shall be governed by the terms of the pension plan, if any. This chapter is not intended to assure or deny any existing or future employee or retired employee, or any of their beneficiaries or any other person of any right of employment or entitlement to any periodic bonus check or to otherwise restrict the ability of the state to modify or eliminate any existing or future increase benefit.
(Act 2021-464, §9.)
2023 Code of Alabama › Title 16 - Education. › Chapter 25D - Education Retirees' Trust Fund Funding Act of 2021 › Section 16-25D-10 - This Section Was Assigned by the Code Commissioner in the 2021 Regular Session, Effective August 1, 2021. This Is Not in the Current Code Supplement.

Section 16-25D-10
Diversity requirements.
All personnel employed and vendors hired by contract with funds available to the trust fund and trustees under subdivision (b)(4) of Section 36-36-5 shall reflect the racial and ethnic diversity of the state.
(Act 2021-464, §10.)
2023 Code of Alabama › Title 16 - Education. › Chapter 26 - High Schools Generally. › Section 16-26-1 - Administration of High School Affairs.

Section 16-26-1
Administration of high school affairs.
In the establishment and operation of high schools, matters relating to the minimum standards prescribed by the State Board of Education on the courses of study, organization, instruction, qualifications of principals and teachers, building and equipment and of sanitary conditions shall be administered through the professional assistants in the Department of Education, directed by the State Superintendent of Education. Manuals of instruction, bulletins setting out programs of study, rules and regulations and other matters relating to secondary education shall be printed from time to time by the State Board of Education. The requirements for accreditment of high schools and the list of approved institutions shall be submitted to and approved and printed by the State Board of Education on the recommendation of the State Superintendent of Education and supplied in sufficient quantities to meet the needs of high school principals, county and city superintendents and the institutions that have graduation from an accredited high school as a prerequisite for entrance.
(School Code 1927, §460; Code 1940, T. 52, §434.)
2023 Code of Alabama › Title 16 - Education. › Chapter 26 - High Schools Generally. › Section 16-26-2 - High School System.

Section 16-26-2
High school system.
All high schools which have been or may hereafter be established by county boards of education shall constitute a system of high schools for the county. Such high school system shall make provision for the secondary education of all children of the county residing in the territory under the control of the county board of education; provided, that by agreement between county boards of education and city boards of education high schools located in cities or towns of 2,500 or more inhabitants according to the last or any succeeding federal census may be utilized as a part of the high school system of the county, the financial support, administration and supervision of such high schools to be determined by the boards of education involved; and provided further, that in order that the most satisfactory and economic plan of administration may be secured, high schools may, at the discretion of the county board, be designated as a unit in the high school system of the county, with a defined territory or district for patronage, in just the same manner as other public schools under the supervision of county boards of education. Boards of education in cities having a city board of education shall provide a system of high school education which shall meet the minimum standards for high schools authorized and prescribed by the State Board of Education; provided, that any town or city board of education may cooperate with the county board of education in the establishment, support and maintenance of a county system of high schools which shall include the said town or city.
(School Code 1927, §461; Code 1940, T. 52, §435.)
2023 Code of Alabama › Title 16 - Education. › Chapter 26 - High Schools Generally. › Section 16-26-3 - Elementary and High School May Be Placed Under Same Principal.

Section 16-26-3
Elementary and high school may be placed under same principal.
Subject to the rules and regulations of the State Board of Education, where economy of organization and administration seems to justify it, county boards of education may place the elementary, junior and senior high schools of any district or districts under one and the same principal, or may use any other plan of organization approved by the county board of education.
(School Code 1927, §464; Code 1940, T. 52, §436.)
2023 Code of Alabama › Title 16 - Education. › Chapter 26A - Alabama High School of Mathematics and Science. › Section 16-26A-1 - Legislative Intent.

Section 16-26A-1
Legislative intent.
It is the intent of the Legislature to establish an independent, residential school for certain high school students with the express purpose of providing a more challenging educational experience for the gifted and talented children of this state and of developing such children to their full potential.
(Acts 1989, No. 89-880, p. 1772, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 26A - Alabama High School of Mathematics and Science. › Section 16-26A-2 - Definitions.

Section 16-26A-2
Definitions.
For the purposes of this chapter, the following words and phrases shall have the respective meanings ascribed by this section, except when the context clearly indicates a different meaning:
(1) DEPARTMENT. The State Department of Education.
(2) SCHOOL. The Alabama High School of Mathematics and Science.
(3) STATE BOARD. The State Board of Education.
(4) STATE SUPERINTENDENT. The State Superintendent of Education.
(Acts 1989, No. 89-880, p. 1772, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 26A - Alabama High School of Mathematics and Science. › Section 16-26A-3 - Creation of Alabama High School of Mathematics and Science; Governance by Board of Directors.

Section 16-26A-3
Creation of Alabama High School of Mathematics and Science; governance by board of directors.
(a) There is hereby created a pilot program to be called the Alabama High School of Mathematics and Science, which shall be a residential institution located in Mobile County, at a site to be determined by the board of directors. The school shall open and formally begin operation with the fall semester of 1991. The school shall be funded by the state from moneys appropriated therefor; or grants, donations and funds from any other sources, including corporations, individuals and foundations.
(b) The school shall be governed by a board of directors whose membership, powers, duties, and responsibilities shall be as hereinafter provided.
(c) The school shall coordinate its programs and curriculum with the Department of Education, but shall be independent of the control of the state superintendent and of all local and state education boards except its board of directors, except where otherwise provided by this chapter.
(Acts 1989, No. 89-880, p. 1772, §3.)
2023 Code of Alabama › Title 16 - Education. › Chapter 26A - Alabama High School of Mathematics and Science. › Section 16-26A-5 - School Year Basis; Summer Program; Short Courses, Seminars, etc.; Extension Courses and Campuses.

Section 16-26A-5
School year basis; summer program; short courses, seminars, etc.; extension courses and campuses.
(a) The school shall, at the discretion of the board, operate on the same school year basis as all other public schools in Alabama. Full-time students shall be enrolled for the entire school year and may enroll in the summer program.
(b) A summer program shall be offered for full-time students and for students who qualify to attend the school during such period.
(c) The school shall also offer short courses, workshops, seminars, weekend instructional programs, and other innovative programs which can be used to offer instruction to students not enrolled as full-time students in the school.
(d) The school, at the discretion of its board of directors may provide extension courses and campuses on the campuses of other colleges and universities within the State of Alabama.
(Acts 1989, No. 89-880, p. 1772, §5.)
2023 Code of Alabama › Title 16 - Education. › Chapter 26A - Alabama High School of Mathematics and Science. › Section 16-26A-6 - Extracurricular Activities; Participation in Activities of Mobile County School System.

Section 16-26A-6
Extracurricular activities; participation in activities of Mobile County school system.
Whenever possible, the school shall offer such extracurricular activities as may be found in any public secondary school in the state. The Mobile County public school system shall, to the extent practicable and allowable by law, allow the students of the school to participate in any extracurricular activities the system may offer which the school cannot.
(Acts 1989, No. 89-880, p. 1772, §6.)
2023 Code of Alabama › Title 16 - Education. › Chapter 26A - Alabama High School of Mathematics and Science. › Section 16-26A-7 - Admission of High School Juniors and Seniors; Early Admission.

Section 16-26A-7
Admission of high school juniors and seniors; early admission.
The school shall primarily admit high school juniors and seniors; however, the board of directors may provide for an "early admission year" to allow the admission of students who are not yet high school juniors when the abilities of such students are so exceptional as to warrant such early entry.
(Acts 1989, No. 89-880, p. 1772, §7.)
2023 Code of Alabama › Title 16 - Education. › Chapter 26A - Alabama High School of Mathematics and Science. › Section 16-26A-8 - Funds for Use in Operating or Providing Programs by the School.

Section 16-26A-8
Funds for use in operating or providing programs by the school.
Nothing in this chapter shall be so construed as to prohibit or prevent the board from accepting federal funds or monies from any corporation or other private contributor for use in operating the school or providing programs by the school.
(Acts 1989, No. 89-880, p. 1772, §9.)
2023 Code of Alabama › Title 16 - Education. › Chapter 26A - Alabama High School of Mathematics and Science. › Section 16-26A-9 - Alabama School of Fine Arts Programs.

Section 16-26A-9
Alabama School of Fine Arts programs.
It is not the intent of this Legislature to conflict with existing or future programs of the Alabama School of Fine Arts as created by Act No. 1203, HJR 145, Regular Session 1971.
(Acts 1971, p. 2089; Acts 1989, No. 89-880, p. 1772, §10.)
2023 Code of Alabama › Title 16 - Education. › Chapter 26B - Alabama School of Fine Arts. › Section 16-26B-1 - Legislative Intent.

Section 16-26B-1
Legislative intent.
It is the intent of the Legislature to establish an independent, partially residential school in which to provide a more challenging educational experience for talented and gifted students to develop their full potential.
(Acts 1992, No. 92-531, p. 1070, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 26B - Alabama School of Fine Arts. › Section 16-26B-2 - Definitions.

Section 16-26B-2
Definitions.
For the purposes of this chapter, the following words shall have the respective meanings ascribed by this section unless the context clearly indicates otherwise:
(1) DEPARTMENT. The State Department of Education.
(2) SCHOOL. The Alabama School of Fine Arts.
(3) SCHOOL BOARD. Board of Trustees of the Alabama School of Fine Arts.
(4) STATE BOARD. The State Board of Education.
(5) STATE SUPERINTENDENT. The State Superintendent of Education.
(Acts 1992, No. 92-531, p. 1070, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 26B - Alabama School of Fine Arts. › Section 16-26B-3 - Funded; Board of Trustees; Exemptions From Required Curriculum.

Section 16-26B-3
Funded; board of trustees; exemptions from required curriculum.
(a) There is created the Alabama School of Fine Arts, which shall be a residential and commuter institution located in the City of Birmingham, Jefferson County. The school shall be funded by legislative appropriations and by grants, donations, and funds from other sources, including the public and private sector.
(b) The school shall be governed by a board of trustees as provided in Section 16-26B-4.
(c) The administration and faculty of the school may identify certain talented and gifted students whose career interests lie in the arts and with appropriate counseling may enter into a contract with the student, his or her parents, or his or her guardian to allow the student to be exempted from up to three Carnegie units of study from the state's required curriculum for high school graduation. Upon approval of the exemption by the school, notice of the exemption shall be filed with the State Department of Education. The exemption shall not apply to the obligation of the student to pass the Alabama High School Graduation Exam before graduation from the school.
(Acts 1992, No. 92-531, p. 1070, §3; Act 2006-555, p. 1279, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 26B - Alabama School of Fine Arts. › Section 16-26B-4 - Board of Trustees - Members.

Section 16-26B-4
Board of trustees - Members.
(a) There is created a board of trustees for the school, which shall serve as the local educational agency for the school. The school board shall be composed of no fewer than 17 citizens of good standing who have been supporters and exponents of the cultural and educational advancement of the youth of the state. The 15 members of the board of the previously existing Alabama School of Fine Arts shall be members of the school board created by this chapter and shall continue to serve until the expiration of their terms. The additional members shall be appointed in the manner prescribed in subsection (b) for one and two year terms, respectively. Thereafter, the term of all members shall be four years.
(b) As terms of members of the school board expire, the school board shall recommend to the state superintendent and the state board qualified persons for appointment or re-appointment to the school board. Three names for each vacancy shall be submitted by the school board, in order of preference, for review by the state board and the state superintendent. Members who have served two full consecutive terms shall not be reappointed to the school board until one year has elapsed from the date of their last service.
(c) One member shall be a member of the professional arts staff of the department. At least one member shall represent each of the following areas:
1. Dance.
2. Creative writing.
3. Music.
4. Theater arts.
5. Visual arts.
6. Academics.
All other members shall be chosen from the public at large.
(Acts 1992, No. 92-531, p. 1070, §4.)
2023 Code of Alabama › Title 16 - Education. › Chapter 26B - Alabama School of Fine Arts. › Section 16-26B-5 - Board of Trustees - Powers, Duties, Functions.

Section 16-26B-5
Board of trustees - Powers, duties, functions.
The school board may:
(1) Accept donations, bequests, or other forms of financial assistance for educational purposes from any public or private sector persons or agencies and comply with rules and regulations governing grants from the federal government or from any other person or agency, which are not in contravention of the Constitution of Alabama of 1901 and laws.
(2) Purchase land and equipment and make improvements to land and facilities necessary for the use of the school, in accordance with applicable law.
(3) Lease land or other property belonging to it or to the school.
(4) Sell or exchange land or other real property not needed for school purposes, if the sale or exchange is specifically authorized by law and is in accordance with the procedures provided for the sale of unused school lands under Chapter 15 (commencing with Section 9-15-1) of Title 9. The sale shall be authorized by resolution of the school board. The contract of sale or exchange shall be signed by the president of the school board or any other person designated by the school board in the authorizing resolution.
(5) Adopt, amend, or repeal rules, regulations, and policies necessary or proper for the conduct of the business of the school board and the school.
(6) Award certificates and issue diplomas for the successful completion of programs of study. All diplomas shall be inclusive of the requirements for a regular school diploma issued by the state board, in accordance with state law, to any student who successfully completes the program of study adopted by the school board. All certificates shall be inclusive of the requirements of a specific program, such as, but not restricted to, summer programs, short courses, workshops, and seminars which fulfill the requirements of the programs as set by the executive director and the school board.
(7) Upon recommendation of the executive director, enter into contracts and agreements in accordance with applicable law with other public and private agencies with respect to cooperative enterprises and undertakings related to or associated with an educational purpose or program affecting the program of the school. This shall not preclude the school board from entering into other contracts and agreements that it may deem necessary to perform its duties and functions.
(8) Employ an executive director who shall be the chief administrative officer of the school and shall administer the rules, regulations, and policies of the school. The executive director shall also be the chief administrative officer of the school board and shall be responsible for administrative functions, duties, and needs of the school board.
(9) Prescribe the qualifications and provide for the certification of teachers.
(10) Adopt rules and regulations under which faculty members may become permanent employees of the school.
(Acts 1992, No. 92-531, p. 1070, §5.)
2023 Code of Alabama › Title 16 - Education. › Chapter 26B - Alabama School of Fine Arts. › Section 16-26B-6 - Board of Trustees - Quorum; Executive Committee.

Section 16-26B-6
Board of trustees - Quorum; executive committee.
(a) A majority of actively serving members of the school board shall constitute a quorum for the transaction of business. All official actions of the board shall require the favorable vote of a majority of those members present and voting.
(b) Members of the school board shall be compensated for all actual vouchered expenses incurred in the performance of their duties and functions as required by this chapter. The expenses shall be paid by the executive director from funds appropriated by the Legislature and upon the warrant of the school board.
(c) The school board may select from its number an executive committee of five, subject to change and removal by the majority of the board at any time. The executive committee may meet and transact any business that may be transacted by a majority of the board, and whatever acts the executive committee may do shall be considered as done by the whole board.
(Acts 1992, No. 92-531, p. 1070, §6; Act 2014-276, p. 880, §1.)