Title 16 — Education

Chapter 1 General Provisions

§ 16-1-1 Definitions

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

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

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

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

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

(5) FISCAL YEAR. From October first to September thirtieth, inclusive.

(Code 1940, T. 52, §1; Acts 1984, No. 84-323, p. 743, §1.)

§ 16-1-2 Inspection of Buildings During and After Construction; Acceptance of Completed Construction; Forms for Construction Contracts

In order to eliminate the causes of school fires and other conditions which jeopardize the health and safety of school children:

(1) The county or city superintendent of education shall notify the State Superintendent of Education within 10 days after the beginning of the construction of a building; and, upon the request of the county or city superintendent of education, the State Superintendent of Education or his agent shall inspect said building during construction for the purpose of seeing that plans and specifications upon which the contract was let are being complied with.

(2) A county or city superintendent of education shall not recommend and a county or city board of education shall not approve for payment more than 90 percent of the contract price of the building constructed by the county or city board of education until the State Superintendent of Education or his agent has made a final inspection of said building for the purpose of seeing that the plans and specifications upon which the contract was let have been complied with in full. The State Superintendent of Education or his agent must make final inspection of a school building within 10 days after being notified by the county or city board of education that the building is ready for final inspection. When the State Superintendent of Education or his agent makes a final inspection of a building and finds that it has been completed in accordance with said plans and specifications, the State Superintendent of Education must within five days after said final inspection give the county or city board of education written notice that the building has been completed in accordance with plans and specifications. If the State Superintendent of Education or his agent in making final inspection finds that the building has not been completed in accordance with plans and specifications, the State Superintendent of Education shall not authorize acceptance of said building until it has been completed in accordance with the plans and specifications on which the contract was let or until the contractor or his bondsmen makes an adjustment satisfactory to the county or city board of education and the State Superintendent of Education. Final acceptance of a building cannot be made by a county or city board of education and the final payment of 10 percent of the contract price of such building cannot be made until the State Superintendent of Education has given written notice to the county or city board of education that said building has been completed in accordance with the plans and specifications upon which the contract was let.

(3) Contracts for architectural services and for school building construction shall be made by county and city boards of education on contract forms prescribed by the State Superintendent of Education, into which forms the contracting parties shall write the terms and conditions of the contract agreed upon.

(4) Representatives of the Department of Finance charged with the responsibility of inspecting buildings insured in the State Insurance Fund shall at all times have the authority to inspect for fire hazards school buildings insured in the State Insurance Fund. Reports of said inspections shall be made to the county or city superintendent of education, the State Superintendent of Education and the Director of Finance of the State Department of Finance. If a board of education fails within 30 days to eliminate a potential fire hazard, or hazards, in a school building insured in the State Insurance Fund when notified to do so by a representative of the State Department of Finance charged with the responsibility of inspecting buildings insured in the State Insurance Fund, upon the recommendation of the State Superintendent of Education, the Director of Finance shall have the authority to order the affected building vacated and closed until said potential fire hazard, or hazards, are eliminated.

(Acts 1943, No. 254, p. 224, § 1.)

§ 16-1-2.1 New School Construction to Include Approved Safe Space or Hallway

(a) Commencing on July 1, 2010, any new contract awarded for the construction of a new public school, unless the school has an Alabama Building Commission approved safe space or hallway, shall include an Alabama Building Commission approved safe space or hallway.

(b) The State Department of Education shall coordinate with the Alabama Building Commission and develop, promulgate, and enforce any rules necessary for the implementation of this section.

(Act 2010-746, p. 1885, §1.)

§ 16-1-2.2 New Construction at Public Two-Year and Four-Year Institutions of Higher Education to Include Approved Safe Space or Hallway

(a) Commencing on August 1, 2012, any new contract awarded for the construction of a new building, containing classrooms or dorm rooms, on the grounds of a public two-year or four-year institution of higher education shall include a Division of Construction Management approved safe space or hallway rated for tornadoes.

(b) The State Department of Postsecondary Education and the separate boards of trustees of the four-year institutions of higher education in the state shall coordinate with the Division of Construction Management to develop, adopt, and enforce any rules necessary for the implementation of this section.

(Act 2012-554, p. 1634, §1; Act 2021-476, §4.)

§ 16-1-2.3 Requirements for Restroom Facilities at Public or Private High School Sports Stadiums

(a) This section applies to all of the following:

(1) Any existing public or private high school sports stadium for which otherwise applicable state or local building or plumbing codes or state or local laws or regulations would require a change in the amount of plumbing fixtures on or after June 6, 2019.

(2) Public or private high school sports stadiums constructed on or after June 6, 2019.

(b) Notwithstanding any otherwise applicable state or local building or plumbing codes or state or local laws or regulations that specifically pertain to the number of required plumbing fixtures in a stadium, stadiums described in subsection (a) shall meet the following requirements:

(1) Men’s restrooms shall be equipped with all the following:

a. One plumbing fixture per 200 seats for the first 1,500 seats of total stadium occupancy.

b. One plumbing fixture per 250 seats for the next 1,500 seats of total stadium occupancy.

c. One plumbing fixture per 500 seats for any remainder of total stadium occupancy.

d. One lavatory per 300 seats.

(2) Women’s restrooms shall be equipped with all the following:

a. One plumbing fixture per 75 seats for the first 1,520 seats of total stadium occupancy.

b. One plumbing fixture per 125 seats for the next 1,520 seats of total stadium occupancy.

c. One plumbing fixture per 175 seats for any remainder of total stadium occupancy.

d. One lavatory per 300 seats.

(c) In men’s restrooms, urinals may be installed or substituted for plumbing fixtures according to the ratios provided in the currently applicable state building code or state plumbing code.

(d) The calculation of total occupant load for each sex shall be done in accordance with the requirements of the currently applicable state building code and state plumbing code.

(e) Any entity that is entitled to an exemption from or an exception to the application of federal or state requirements relating to renovation of existing restroom facilities, replacement of existing restroom fixtures, addition of new restroom fixtures, or to construction of new restroom facilities in existing public or private high school sports stadiums may also claim an exemption from or an exception to the requirements of this section under the same criteria where applicable.

(f) This section shall not be construed as supplanting or superseding any requirements pertaining to the availability of accessible restroom facilities and fixtures pursuant to the Americans with Disabilities Act, the 1991 ADA Standards for Accessible Design, the 2010 ADA Standards for Accessible Design, or other related or otherwise applicable federal laws or regulations.

(g) This section shall not be construed as supplanting or superseding any requirements of otherwise applicable state or local building or plumbing codes or state or local laws or regulations other than those that specifically pertain to the number of required restroom fixtures for each sex based on total stadium occupancy.

(Act 2019-388, §1.)

§ 16-1-2.4 Management of Construction and Renovation of Property; Capital Improvement Projects; Transfer of Powers, Authority, and Jurisdiction

(a) Notwithstanding any provision of law to the contrary, the governing board of each educational institution or state educational institution, as defined in Section 41-4-400(d), may on behalf of the State of Alabama do any or all of the following in relation to that institution:

(1) Acquire lands by purchase, condemnation, or otherwise.

(2) Plan for the construction, repair, remodeling, enlargement, renovation, furnishing, refurnishing, improvement, or relocation of buildings, structures, and facilities.

(3) Set policies, procedures, and guidelines for the design, construction, renovation, equipment, furnishing, maintenance, and improvement of all property now owned or hereafter acquired.

(4) Construct, repair, equip, remodel, enlarge, renovate, furnish, refurnish, improve, and locate buildings, structures, and facilities.

(5) Enter into contracts or consult with architects, engineers, contractors, suppliers, and others as needed to perform any of the functions provided for in this subsection.

(6) Receive any monies, land, or equipment donated, appropriated, or otherwise acquired by it for the purposes provided for in this subsection.

(7) Charge and provide for collection of user fees for its services. The fees established shall take into consideration the costs of the governing board incurred under this section.

(8) Make and adopt all necessary rules, regulations, and plans for its own guidance and for the proper conduct of the duties imposed upon it.

(9) Review and approve or disapprove all proposed construction, renovation, or improvement projects for constructability, durability, and maintainability and to ensure the efficient use and availability of funds.

(10) Review and administer all design and construction contracts for facilities as provided for in this subsection.

(11) Review all emergency project declarations and to aid in the timely execution of emergency projects.

(12) Hire architects, inspectors, and any other personnel necessary for the purposes provided for in this subsection or the duties assigned under this section.

(b)(1)a. At any K-12 school or at any four-year public institution of higher education, any capital improvement project or any alterations, additions, repair, or maintenance of heating, ventilation, and air conditioning systems or any alterations, additions, repair, or maintenance of a roof shall not be subject to approval by the Division of Construction Management within the Department of Finance; provided, that the estimated cost of the project after design completion is certified by a licensed architect or licensed engineer to be no more than seven hundred fifty thousand dollars ($750,000).

b.1. For any project exempt from approval pursuant to paragraph a., the governing body of the K-12 school or four-year public institution of higher education shall submit documents to the Division of Construction Management for the sole purpose of review and inspection for compliance with the Americans with Disabilities Act, 42 U.S.C. § 12112 et seq., and rules and regulations adopted thereunder, for fire safety and life safety compliance, and for issuance of written recommendations to the school or institution at no cost to the school or institution or the governing body for the school or institution.

2. The Division of Construction Management shall issue its written recommendations no later than 30 days following receipt of documentation pursuant to subparagraph 1. If the division is unable to issue recommendations within the 30-day period following receipt of documentation, the division, prior to the expiration of the 30-day period, shall issue to the party that submitted the documentation a written notice explaining the reasons for the delay, and shall issue the recommendations no later than 45 days following the original receipt of documentation pursuant to subparagraph 1.

3. Recommendations issued by the division pursuant to this paragraph shall be maintained by the division as public writings for purposes of Article 3 of Chapter 12 of Title 36.

c. The Division of Construction Management, in consultation with the State Department of Education, shall develop and distribute forms relating to projects subject to this subdivision for use by local boards of education. The division shall ensure that the use of these forms alone does not require use of Division of Construction Management services for projects subject to this subdivision, except for the issuance of recommendations pursuant to paragraph b.

d. For purposes of this subdivision, “fire safety and life safety compliance” means compliance with those provisions of the uniform minimum building standards code adopted by the Division of Construction Management pursuant to law that relate to risk of electrical or fire hazards, risk of injury, or illness.

(2) Any repair or maintenance project with an estimated cost certified by a licensed architect or licensed engineer to be no more than seven hundred fifty thousand dollars ($750,000); any repair or maintenance of heating, ventilation, and air conditioning systems; and any roofing repair or maintenance shall not be subject to approval by the governing board of an educational institution or state educational institution.

(c) All powers, authority, and jurisdiction of the Division of Construction Management or the former Building Commission relating to any educational institution or state educational institution, including, but not limited to, those authorities currently established in Sections 16-1-2.2, 16-16-10(o)(2) and (p), 39-2-2(f)(1), 41-9-243, and 41-16-72(3)a. through f., which were previously transferred to the Division of Construction Management within the Department of Finance, are transferred to the governing board of that institution; provided, that the Division of Construction Management shall retain its authority to adopt uniform minimum building standards code for the construction and renovation of facilities at any educational institution or state educational institution.

(Act 2021-476, §2; Act 2022-367, §1.)

§ 16-1-2.5 Contracts

The State Department of Education; an educational institution or a state educational institution, as defined in Section 41-4-400(d); a K-12 school; or a four-year public institution of higher education may contract with the Division of Construction Management within the Department of Finance for any purpose.

(Act 2021-476, §5; Act 2022-367, §1.)

§ 16-1-2.6 Application of Act 2022-367

(a) The amendatory language of Act 2022-367 as it amends Sections 16-1-2.4, 16-1-2.5, and 41-4-400, shall not apply to any construction, repair, maintenance, or renovation project at a K-12 school or a public institution of higher education for which a contract has been awarded prior to October 1, 2022.

(b) The amendatory language of Act 2022-367 as it amends Sections 16-1-2.4, 16-1-2.5, and 41-4-400, shall not apply to any member institution of the Alabama Community College System, any trade school, or any properties or facilities of the State Parks Division of the Department of Conservation and Natural Resources.

(Act 2022-367, §§2, 3.)

§ 16-1-3 Photographing or Microphotographing Records - Authorized; Force and Effect

The State Superintendent of Education and each of the several city and county superintendents of education may cause any records, documents, books, papers or writing made, acquired or received as required by law to be photographed or microphotographed, on plate or film. Such photographs, microfilms or prints made therefrom, when duly authenticated by the custodian thereof, shall have the same force and effect at law as the original record, or of a record made by any other legally authorized means, and may be offered in like manner and shall be received in evidence in any court where such original record, or record made by other legally authorized means, could have been so introduced and received.

(Acts 1953, No. 826, p. 1113, §1.)

§ 16-1-4 Photographing or Microphotographing Records - Destruction of Records Photographed, Etc.; Retention of Photographs

The State Superintendent of Education and each of the several city and county superintendents of education may destroy or cause to be disposed of any record, document, books, papers or other writing which have been photographed or microphotographed. Such photographs or microphotographs shall be retained and kept in lieu of such records, documents, books or papers required to be kept or maintained. However, no record or other written matter authorized under the provisions of Section 16-1-3 to be photographed or microphotographed may be destroyed or otherwise disposed of until the copy has been processed and checked with the original for accuracy, and no city or county superintendent of education shall destroy or dispose of any record or other written matter without first obtaining the approval of the State Superintendent of Education. The State Superintendent of Education may, however, classify such records and other written matter and authorize the destruction of certain classes of records or other written matter upon their being photographed or microphotographed, and may prescribe the period for which records of certain classes must be retained after having been photographed or microphotographed before such records are destroyed.

(Acts 1953, No. 826, p. 1113, §2.)

§ 16-1-5 Photographing or Microphotographing Records - Intent

It is the intent of Sections 16-1-3 and 16-1-4 to permit the State Superintendent of Education and each of the several city and county superintendents of education to destroy, in the manner prescribed in Section 16-1-4, any records, documents, books or papers required by law to be kept or maintained by them in the event that photographic reproductions of such records, documents, books or papers are made and to give such photographic reproductions the same force and effect as the originals thereof.

(Acts 1953, No. 826, p. 1113, §3.)

§ 16-1-6 Association of School Board Members

The Alabama Association of School Board Members is hereby recognized as the organization and representative agency of the members of the school boards of Alabama.

The State Superintendent of Education, the State Department of Education and the boards of education of the county and city systems are hereby empowered and authorized to cooperate with the Alabama Association of School Board Members in its in-service training program for school board members and in encouraging and fostering cooperation among the school boards affiliated with the Alabama Association of School Board Members.

Members of the state, county and city boards of education are authorized to pay dues to and also may incur reasonable traveling and subsistence expenses in attending meetings of the Alabama Association of School Board Members with which it is affiliated. Such dues and expenses may be paid as other expenses are paid by such boards of education.

(Acts 1955, No. 317, p. 718, §§ 1-3.)

§ 16-1-7 Eye Protective Devices for Pupils and Teachers Participating in Certain Courses

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

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

a. Hot molten metals;

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

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

d. Gas or electric arc welding;

e. Repair or servicing of any vehicle;

f. Caustic or explosive materials.

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

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

(c) “Industrial quality eye protective devices” as used in this section shall mean devices meeting the current standards of the American Standard Safety Code for head, eye and respiratory protection, promulgated by the American Standards Association, Incorporated.

(Acts 1965, 1st Ex. Sess., No. 168, p. 219, §§ 1-3.)

§ 16-1-8.1 Classroom Instructional Support

(a) For purposes of this section, classroom instructional support means all elements of classroom instructional support as provided in the Foundation Program, with the exception of textbook funds, as specified in Sections 16-6B-10 and 16-13-231, including, but not limited to, library enhancement, student materials, professional development, technology, common purchases, and other classroom instructional support approved by the State Board of Education.

All funds allocated in the Foundation Program for library enhancement, student materials, technology, professional development, and common purchases shall be spent only for the purpose for which they were allocated. Library media specialists shall be consulted in budgeting all library enhancement funds.

(b) The procedures for ordering, and the regulations applying to, classroom instructional support shall be as follows:

(1) BUDGET COMMITTEE. Each school shall have a budget committee. The committee shall be comprised of five members consisting of four teachers and the school’s principal, or the principal’s designee. The teachers on the committee shall be elected annually by secret ballot by majority vote of the teachers voting at each school. The budget committee shall propose a budget for classroom instructional support, excluding student materials. The proposed budget shall be consistent with the latest plans for professional development and technology developed at the local school level by the principal and faculty and submitted by the local board of education to the State Superintendent of Education pursuant to Section 16-13-231(b)(1)e. The proposed budget shall outline common purchases and shall specify the common items which may be purchased. The proposed budget shall also specify the amount to be allotted for each teacher, if applicable. Any funds allocated by the Legislature for student materials shall be given directly to each teacher as specified in the allocation for use directly in his or her classroom as determined exclusively by the teacher. The committee shall elect a chairperson from among its membership. The committee shall also elect a secretary from its membership who shall be responsible for keeping minutes of the meetings of the budget committee and actions taken to approve the budget during the secret balloting process. The committee may form advisory subcommittees from teachers at the various grade or department levels, or both levels.

(2) APPROVAL BY TEACHERS. The proposed budget from the budget committee shall be submitted to the teachers at an annual meeting. Before any part of any proposed budget is implemented, the teachers at the school, through a majority vote of those voting, shall approve the proposed budget utilizing a secret balloting process. Teachers shall have at least two work days to review the proposed budget before a vote is taken. Any proposed budget which does not receive approval shall be returned to the budget committee for reformulation, taking into consideration the teachers’ recommendations offered at the school’s annual meeting at the beginning of the school year or at a spring meeting at the end of the scholastic year, or both. If the proposed budget is not approved, the budget committee shall submit another proposed budget for review and consideration by the teachers, and this procedure shall continue until such time as the teachers approve a budget utilizing the procedures of this section. A report on the budget which is approved by a majority vote of the teachers voting shall be transmitted to the local superintendent on uniform forms provided by the State Department of Education.

(3) DUTIES OF LOCAL SUPERINTENDENT. The local superintendent shall submit a notarized affidavit to the State Superintendent of Education. The affidavit shall certify that all funds allocated for classroom instructional support have been properly spent and that all legal requirements have been properly observed and implemented. On the affidavit, the superintendent shall certify the amount of monies expended at each school, delineating the amounts spent for collective purchases and the amounts received by the teachers at each school. The local superintendent shall take care to insure that each teacher employed is able to order and receive his or her allocation of classroom instructional support during each year as provided in this section.

(4) TIMELINESS. Any or all of the funds for classroom instructional support shall be made available to each teacher before December 1. The teacher may order, in whole or in part, his or her allocation anytime during the applicable fiscal year. It is the intent of the Legislature that teachers should have their full allocation of classroom instructional support as soon in the school year as possible in order to promote learning.

(5) PERMISSIBLE EXPENDITURES. Monies allocated for classroom instructional support may be spent for classroom instructional support purposes only, to be used either by classroom teachers or students in each teacher’s respective classes. It shall be permissible to expend these monies on instructional equipment and electrical equipment which is actually utilized with students in the teacher’s classroom. Funds provided per school for common purchases shall be expended according to the decisions of the local school budget committee.

All monies allocated and expended shall be consistent with the latest plans for professional development and technology developed at the local school level by the principal and the faculty and submitted by the local board of education to the State Superintendent of Education pursuant to Section 16-13-231(b)(1)e.

(6) COMPETITIVE BIDS AND VOUCHERS. Each local board of education may purchase classroom instructional support in bulk pursuant to the state competitive bid law. The board may also authorize each school or individual teachers to purchase materials and supplies, instructional equipment, and electrical equipment for classroom instruction by the voucher system, with no one item exceeding the sum of seven thousand five hundred dollars ($7,500). The local board shall establish and require proper accounting procedures and safeguards for purchases by the voucher system.

(7) POLICIES AND PROCEDURES. Policies and procedures shall be developed and implemented to insure that each teacher receives his or her full allocated amount for classroom instructional support in conjunction with the approved budget in a timely manner after each order is placed. Procedures and policies utilized and adopted to implement this section shall be established and determined prior to the beginning of the school year by each local board with recommendations from the organization representing the majority of employees as provided in Section 16-1-30.

(8) UNSPENT FUNDS. Any funds appropriated for classroom instructional support but not expended according to this section by the end of each fiscal year shall revert to the Education Trust Fund.

(9) PRORATION. In the event proration of the Education Trust Fund is declared by the Governor, each local school system shall nevertheless insure that at least 80 percent of its allocation per teacher for classroom instructional support shall be expended according to this section. No portion of a teacher’s classroom instructional support money shall be withheld until and unless the Governor officially declares proration of the Education Trust Fund.

(10) TRANSFER WITH TEACHER DISALLOWED. Classroom instructional support monies are to be expended on behalf of students at a specific school and are not transportable with the teacher if the teacher is transferred to another school.

(11) EXAMINERS OF PUBLIC ACCOUNTS. All expenditures for classroom instructional support and related documents by each county and city board of education shall be subject to audit by the Examiners of Public Accounts.

(12) COLLATERAL REFERENCES. References to “instructional supplies” contained in Section 16-6B-10 shall be understood to be the same as “student materials.”

(13) Any other provision of this section to the contrary notwithstanding, the budget committee of a school may propose the expenditure of up to one hundred dollars ($100) from the student materials allotment of the school to supplement the common purchases funding appropriated by the Legislature, subject to the approval of the teachers as provided in subdivision (2). When the first annual Education Budget Act after October 1, 2005, appropriates the minimum sum of two hundred dollars ($200) per Foundation Program unit for common purchases, this subdivision becomes inoperative and may not be utilized in subsequent fiscal years.

(Acts 1997, No. 97-934, p. 498, §2; Act 99-389, p. 625, §1; Act 2005-198, p. 394, §1.)

§ 16-1-10 Selling, Etc., Alcoholic Beverages to School Children; Keeping on School Premises

Any person, firm, corporation or association that knowingly sells, gives or dispenses any alcoholic beverage to any school student under the age of 18 years, or keeps or has in possession any alcoholic beverage in or on the campus or premises of any school building of any public secondary or grade school is guilty of a felony and, upon conviction thereof, shall be imprisoned in the state penitentiary for a period of from one to three years.

(Acts 1947, No. 532, p. 388, § 1.)

§ 16-1-11 Private Schools to Register and Report;

All private schools or institutions of any kind having a school in connection therewith, except church schools as defined in Section 16-28-1, shall register annually on or before October 10 with the Department of Education and shall report on uniform blanks furnished by the Department of Education, giving such statistics as relate to the number of pupils, the number of instructors, enrollment, attendance, course of study, length of term, cost of tuition, funds, value of property, and the general condition of the school. This section may not be interpreted or construed to authorize the Department of Education, the State Board of Education, or the State Superintendent of Education to license or regulate any private, nonpublic, or church school offering instruction in grades K-12, or any combination thereof.

(School Code 1927, §599; Code 1940, T. 52, §547; Acts 1982, No. 82-218, p. 260, §2; Act 2014-245, p. 785, §4.)

§ 16-1-11.1 Autonomy of Nonpublic Schools - Legislative Findings

The Legislature finds and declares all of the following:

(1) That a parent or guardian in Alabama has a constitutional right to choose the type of K-12 education that is best for his or her child, whether public or nonpublic, religious or nonreligious, and including home-based education.

(2) That many parents choose to home school or enroll their children in elementary and secondary nonpublic schools, including private, church, parochial, or religious schools, that are not subject to state regulation and do not receive state or federal funds.

(3) That other than reporting on the enrollment of students, these nonpublic K-12 schools have been primarily exempt from state regulation and have only been required by state law to report the enrollment of students.

(4) That there is no national or state constitutional mandate that the government provide, license, or regulate nonpublic education, including private, church, parochial, and religious schools, or home-schooled students.

(5) That regulation by the state, including the State Department of Education, the State Board of Education, or the State Superintendent of Education, of any school with a religious affiliation would be an unconstitutional burden on religious activities in direct violation of the Alabama Religious Freedom Amendment and the First Amendment to the United States Constitution; and further that the State of Alabama has no compelling interest to burden by license or regulation nonpublic schools, which include private, church, parochial, and religious schools offering educational instruction in grades K-12, as well as home-based schools and home-schooled students.

(Act 2014-245, p. 785, §1.)

§ 16-1-11.2 Autonomy of Nonpublic Schools - Education Selection by Parents; Exemption from Licensure or Regulation

(a) A parent or guardian shall have the right to select the type school or method of his or her choice for the K-12 education of his or her child, whether public or nonpublic, religious or nonreligious, and including home-based education.

(b) Nonpublic schools, including private, church, parochial, and religious schools, offering educational instruction in grades K-12, as well as home-schooled students, are not subject to licensure or regulation by the state or any political subdivision of the state, including the State Department of Education. This section shall not be interpreted or construed as preventing a nonpublic school from voluntarily participating in state audits or other state administrative oversight in order to comply with requirements of federal grant provisions, except that any such voluntary participation may be withdrawn by the nonpublic school at-will and immediately.

(Act 2014-245, p. 785, §2.)

§ 16-1-11.3 Autonomy of Nonpublic Schools - Applicability of Statutory Requirements

Each nonpublic school, including private, church, parochial, and religious schools, offering educational instruction in grades K-12, as well as home-schooling entities, shall comply with the requirements of Chapter 28 of this title, relating to school attendance; Chapter 22A of this title, the Alabama Child Protection Act of 1999; and Chapter 7 of Title 38, relating to criminal history background checks on persons responsible for children, the elderly, and the disabled.

(Act 2014-245, p. 785, §3.)

§ 16-1-11.4 Admission of Nonpublic School Students by Public Institutions of Higher Education

Any provision of law to the contrary notwithstanding, no public two-year or four-year institution of higher education in the state may deny admission to or otherwise discriminate against an otherwise qualified student based on the consideration, whether in whole or in part, that the student attended, graduated from, or is enrolled in a nonpublic school, including private, church, parochial, and religious schools, or was home schooled.

(Act 2014-245, p. 785, §6.)

§ 16-1-11.5 Teacher Certification

Any provision of law to the contrary notwithstanding, the State Department of Education’s requirements for teacher certification and recertification shall be the same for any person who teaches in a public school or a nonpublic school, whether accredited or not, and without regard to whether the otherwise qualified person is or was employed by a nonpublic K-12 private, church, parochial, or religious school that is not subject to state regulation.

(Act 2014-245, p. 785, §7.)

§ 16-1-11.6 Membership of Nonpublic Schools in Alabama High School Athletic Association

All nonpublic schools which choose to become members of the Alabama High School Athletic Association shall be in compliance with the constitution and bylaws established by Alabama High School Athletic Association member schools.

(Act 2014-245, p. 785, §8.)

§ 16-1-13 Teaching Pupils of Disparate Ability, Background and Achievement

Whenever any city, county or other local school board determines it to be in the best interest of the public school pupils of the local school system, it may prescribe and from time to time adjust and adapt and further prescribe the manner, method and procedure to be employed in classrooms for teaching pupils of disparate ability, background and achievement in the public schools within its jurisdiction. Its authority in this respect shall include but shall not be limited to prescribing the grouping and classification of students within the same grade level, based upon considerations of native ability as indicated by intelligence tests; the general academic achievement, and level of achievement in a particular subject area. Any such grouping of pupils within a class or grade shall be prescribed by the local board of education only after consultation with the superintendent of the school, teachers, students and parents of various pupils concerned, and the decision reached shall be solely within the discretion of the board.

The local board may prescribe the times and hours and place of instruction for any grouping within schools and classrooms as it may consider advisable and may assign special teachers, prescribe special subjects or remedial courses, advanced courses, vocational courses and take such other action with respect to the time and place for teaching such separate groupings as it may consider in the best interest of the students and the entire student body of the school.

(Acts 1963, No. 522, p. 1126, §§ 1, 2.)

§ 16-1-14 Uniform System of Procedural Due Process Protections for Students Facing Long-Term Suspension or Expulsion for Violating Student Code of Conduct or State Law

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

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

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

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

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

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

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

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

(1) The age of the student.

(2) The disciplinary history of the student.

(3) The seriousness of the violation or behavior.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(f) Nothing in this section shall be construed to infringe on any right provided to a student pursuant to the federal Individuals with Disabilities Education Act, Family Educational Rights and Privacy Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990.

(Acts 1963, No. 460, p. 995, §1; Acts 1994, 1st Ex. Sess., No. 94-793, p. 98, §1; Act 2024-262, §1.)

§ 16-1-15 Classification and Grouping of Pupils Upon Consideration of Social Attitudes, Etc

For the purpose of preventing or minimizing disciplinary problems, the local school board may classify and group pupils upon consideration of their social attitudes, their amenability to discipline, their hostility toward the school environment and their health, morals, cleanliness and habits of personal behavior.

(Acts 1963, No. 460, p. 995, §2.)

§ 16-1-16 Special Courses, Tutoring, Counseling, Etc., for Special Groups of Pupils

A local board of education may in its discretion prescribe special courses in citizenship, health, morals or any other subject it may consider necessary to meet the needs of special groups of pupils and may prescribe individual tutoring, counseling or group instruction and may assign special teachers and special classrooms or other places for such purposes and may schedule such courses either during or after regular school hours or at any time administratively feasible.

(Acts 1963, No. 460, p. 995, §3.)

§ 16-1-16.1 Alabama Council on Family and Children

(a) The Legislature finds that there is at present a need in Alabama to coordinate, at the state and local level, the efforts of existing providers of services supporting early childhood development and family involvement in education.

(b) There is hereby established the Alabama Council on Family and Children to be composed of the Governor, who shall be chairperson; the State Superintendent of Education; the Commissioner of the Department of Human Resources; the State Health Officer; the Commissioner of the Department of Mental Health and Mental Retardation; the Chairman of the Children’s Trust Fund; and the Director of the Department of Youth Services, or their designated representatives, and one additional member from each congressional district to be appointed by the Governor. Said council shall exist for the purpose of coordinating existing services, at the state and local level, supporting early childhood development and family involvement in education and assessing existing programs.

(c) On or before June 30, 1992, the Alabama Council on Family and Children shall submit to the Governor and the Legislature a plan which shall include, but not be limited to, recommendations concerning the following:

(1) Federally sponsored “Head Start” programs for children in Alabama qualified thereunder;

(2) State-sponsored “Head Start” type programs for other four-year-old children who do not qualify for federally sponsored Head Start. Such recommendations may include the establishment and implementation of pilot programs in at least ten city or county school systems by the 1993-94 school year; and

(3) The establishment of criteria for recognizing pre-school students in need of readiness skills and the development of summer programs to aid such students.

(d) The Alabama Council on Family and Children shall recommend to the State Department of Education and the Advisory Council on Teacher-Training created by Section 16-23-15, programs of instruction in professional development for public school instructors, teachers and administrators involved in early childhood development.

(Acts 1991, No. 91-323, p. 602, §12.)

§ 16-1-17 Contest of Certain Elections

Any and all elections held for the purpose of determining whether a tax shall be levied in the county or in a school district of the county for public school purposes or determining whether or not school districts should be consolidated or whether or not a school district should be enlarged by consolidating therewith territory adjacent to such district may be contested on the same grounds and in the same manner as is provided by general law for the contest of elections of county officers, and all laws governing the grounds, conduct and determination of contests of election of county officers shall govern contests authorized by this section.

(School Code 1927, §268; Code 1940, T. 52, §275.)

§ 16-1-18.1 Accumulation of Sick Leave

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

(1) EMPLOYEE. Any individual employed full-time as provided by law, or employed as an adult bus driver, by those employers enumerated in this section.

(2) EMPLOYER. All public city and county boards of education; the Board of Trustees of the Alabama Institute for the Deaf and Blind; the Alabama Youth Services Department District Board in its capacity as the Board of Education for the Youth Services Department District; the Board of Directors of the Alabama School of Fine Arts; the Board of Trustees of the Alabama High School of Mathematics and Science; the Board of Trustees of the Alabama School of Cyber Technology and Engineering; for purposes of subsection (c) only, the Alabama State Senate, the Lieutenant Governor, the Office of the Senate President Pro Tempore, the Speaker of the House of Representatives, the Alabama House of Representatives, the Legislative Services Agency; any organization participating in the Teachers’ Retirement System, excluding any state governmental department not listed herein; the Board of Trustees of the Alabama Community College System; and for the purposes of subsection (c) only, any four-year public institution of higher learning.

(3) EXECUTIVE OFFICER. The superintendent of any public county school system or any public city school system; the President of the Alabama Institute for the Deaf and Blind; the president of any two-year school or college under the auspices of the Board of Trustees of the Alabama Community College System; the Superintendent of the Department of Youth Services School District; the Executive Director of the Alabama School of Fine Arts; the Executive Director of the Alabama High School of Mathematics and Science; the President of the Alabama School of Cyber Technology and Engineering; the Secretary of the Senate; the Clerk of the House of Representatives; the Lieutenant Governor; the Speaker of the House of Representatives; the Director of the Legislative Services Agency; and the chief executive officer of any other employer as provided in this section.

(4) ON-THE-JOB INJURY. Any accident or injury to the employee arising out of and in the course of employment or occurring during the performance of duties or when directed or requested by the employer to be on the property of the employer. The term does not include a mental disorder or mental injury that has neither been produced nor proximately caused by some physical injury to the body.

(5) SICK LEAVE. The absence from duty by an employee as a result of any of the following:

a. Personal illness or doctor’s quarantine.

b. Incapacitating personal injury.

c. Attendance upon an ill member of the employee’s immediate family (parent, spouse, child, foster child currently in the care and custody of the employee, sibling, child currently in the care and custody of the employee for whom a petition for adoption has been filed); or an individual with a close personal tie.

d. Death in the family of the employee (parent, spouse, child, sibling, parent-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, nephew, niece, grandchild, grandparent, uncle, or aunt).

e. Death, injury, or sickness of another individual who has unusually strong personal ties to the employee, such as a person who stood in loco parentis.

f. Attendance upon an adopted child who is three years of age or younger.

(b) Sick leave for employees.

(1) The employee shall earn one sick leave day per month of employment.

(2) The employee may take sick leave for any of the reasons enumerated and defined in this section. Sick leave taken for the purpose of attending to an adopted child may be taken for a maximum of eight weeks or 320 consecutive hours. Nothing in this section shall permit an employee to use sick leave that he or she has not earned or has not been donated.

(3) Reimbursement of pay for the employee per day of sick leave shall be at the daily rate of pay for the employee.

(c) Sick leave accumulation and transfers.

(1) An employee may accumulate an unlimited number of sick leave days. Earned sick leave days that have been accrued by an employee shall be transferrable from one employer to another. The executive officer of the employer shall ensure that certification of the number of unused sick leave days is provided to the new employer when an employee transfers employment. All of the earned and unused sick leave days that an employee has accumulated shall be transferred to the new employer for use by the employee as provided by law. However, for purposes of applying accrued sick leave as credit for retirement purposes, an employee is limited to a maximum of sick leave as authorized in subdivision (b)(1). As pertains to receiving retirement credit for accrued sick leave, the Teachers’ Retirement System Board of Control may adopt policies and procedures necessary to effectuate a uniform policy pursuant to this section.

(2) Employees of the Alabama State Senate, the Lieutenant Governor, the Office of the Senate President Pro Tempore, the Speaker of the House of Representatives, the Alabama House of Representatives, and the Legislative Services Agency may only accrue unlimited sick leave under this section until January 1, 2013. On January 1, 2013, an employee subject to this section may carry over only the actual number of sick leave hours the employee has or the number allowed under Section 36-26-36, whichever is greater. After January 1, 2013, sick leave earned by an employee subject to this section in excess of the amount determined on January 1, 2013, is subject to Section 36-26-36(d).

(d) The following policies, procedures, and rights are established pertaining to employees who are injured while on the job:

(1)a. The employee shall provide written notice of the injury to an immediate supervisor, the executive officer, or to the principal of the school, if applicable, within five working days after the injury occurred, or where the employee has died or is not clinically able to make notification, another person who is reasonably knowledgeable may make the notification of the injury within 30 days of the date of the injury.

b. Other notification procedures shall be as established by written policy of the employer.

(2) The employer may require medical certification from the employee’s physician that the employee was injured and cannot return to work as a result of the injury. The executive officer, at his or her discretion, may require a second opinion from another physician at the expense of the employer. The employer may require a statement from the physician that there is a reasonable expectation that the employee will be able to return to work. A uniform physician certification form shall be adopted by the State Board of Education and distributed to each executive officer.

(3) Upon determination by the executive officer that an employee has been injured on the job and cannot return to work as a result of the injury, the salary and fringe benefits of the employee shall be continued for a period of up to 90 working days consistent with the employee’s injury and the subsequent absence from work resulting from the injury. This subdivision shall apply to the temporary disability of the employee as applicable to the job-related injury.

(4) The employer may adopt a written policy to extend the 90-day sick leave period for on-the-job injuries. Additional on-the-job injury policies may be adopted by the employer if the policies do not conflict with this section.

(5) Any reasonable on-the-job injury costs incurred by the employer to hire a substitute per absent injured employee in a fiscal year shall be reimbursed to the employer by the state during the next succeeding fiscal year upon application by the employer to the appropriate State Board of Education department on a form adopted by the state board, not to exceed 90 working days. The department shall subsequently submit the request to the Legislature as a line-item in its budget request for reimbursement to the employer, and, if approved by the Legislature, shall reimburse the employer at the amount per day for sick leave authorized and funded in the annual budget act for public schools and colleges.

(6) Sick leave shall not be deducted from the employee’s account if absence from work is found to be a result of an on-the-job injury.

(7) For any employee not covered under Chapter 1A, the Maryann Leonard Educators’ On-The-Job Injury Act, any unreimbursed medical expense or cost that the employee incurs as a result of an on-the-job injury may be filed for reimbursement with the State Board of Adjustment. Reimbursement to the employee shall be determined by the Board of Adjustment’s policies and rules that may be adopted from time to time. The Board of Adjustment shall adopt appropriate rules and forms for submission by the employee.

(8) For any employee not covered under Chapter 1A, the Maryann Leonard Educators’ On-The-Job Injury Act, the executive officer, or his or her designee, shall inform the employee who is injured on the job of his or her rights about appearing before the Board of Adjustment and the applicable written policies within seven calendar days after notification of the injury.

(e) The employer, under the rules and policies adopted from time to time by the State Board of Education, may provide for paid leaves of absences and vacations for its employees. Payment may be from public funds. The employer may provide for leaves of absence during the times the schools are, or are not, in session when the teacher or employee devotes the leave to instructing in or attending schools for appropriate training, or when approved by the State Board of Education as beneficial to the state’s educational objectives. The employer may also provide for the payment of any full-time teachers or employees for absences during the time schools are in session when the absence results from an unavoidable cause that prevents the teacher or employee from discharging his or her duties. 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 scholastic year.

(f) As applied to Alabama Community College System employers, any employee who earns and accumulates annual leave may accumulate up to 60 days of annual leave at a rate not to exceed that provided in the policy established by the State Board of Education.

(g) The policies and procedures required and permitted by this section shall be adopted by the employer consistent with and as required by Section 16-1-30.

(Acts 1994, 1st Ex. Sess., No. 94-825, p. 154, §§1, 2; Acts 1996, No. 96-614, p. 973, §1; Act 99-578, p. 1303, §1; Act 2001-671, p. 1406, §1; Act 2012-376, p. 938, §1; Act 2023-352, §1; Act 2025-223, §1.)

§ 16-1-18.2 Payment for Unused Sick Leave Upon Death of Employee

(a) Payment to beneficiary or estate for unused sick leave. Any provision of law to the contrary notwithstanding, when an active and contributing member of the Teachers’ Retirement System dies while in service, the beneficiary or estate of the deceased member shall receive a monetary payment of 100 percent of the member’s accrued and unused sick leave, not to exceed the maximum days provided in Section 16-1-18.1. The amount of reimbursement per day for earned and unused sick leave shall be computed on the basis of the member’s daily rate of pay and multiplied by the number of unused sick leave days and partial sick leave days in the deceased member’s account at the time of death, not to exceed the maximum days allowed in Section 16-1-18.1. The beneficiary shall be the designated beneficiary for Teachers’ Retirement System benefits. The State Comptroller shall develop and disseminate certification of death forms to the chief executive officer of all boards, agencies, organizations, and associations participating in the Teachers’ Retirement System. The certification of death forms shall contain the number of accumulated and unused sick leave days for the deceased member as well as any other information needed by the State Comptroller to calculate the amount of the benefit. The State Comptroller shall pay the calculated amount of sick leave to the deceased member’s designated beneficiary or estate if the designated beneficiary is deceased.

(b) Appropriation and disbursement. There is appropriated from the Education Trust Fund such amounts as may be necessary to fulfill the requirements of this section. The State Comptroller shall make the disbursements to the designated beneficiary or estate within 30 days after receiving the appropriate documentation.

(Act 98-385, p. 732, §13; Act 2000-454, p. 818, §1.)

§ 16-1-19 Students at Colleges, Universities, Etc., Deemed Residents of State If Parent or Guardian Registered to Vote in State and Employed by Congressman or in Executive Branch of Federal Government on Appointment by President

Any law or any rule or regulation to the contrary notwithstanding, for the purposes of paying tuition or fees at any college, university or other institution of higher learning, any student shall be considered a resident of this state if one of the student’s parents or legal guardians is a resident of this state for voting purposes and is either a full-time employee of a United States senator or congressman representing this state or a full-time officer or employee of the Executive Branch of the federal government on appointment by the President of the United States.

(Acts 1977, No. 697, p. 1233, § 1.)

§ 16-1-20 Period of Silence for Meditation at Beginning of First Class in Public Schools

At the commencement of the first class each day in the first through the sixth grades in all public schools, the teacher in charge of the room in which each such class is held shall announce that a period of silence, not to exceed one minute in duration, shall be observed for meditation, and during any such period silence shall be maintained and no activities engaged in.

(Acts 1978, No. 662, p. 955, § 1.)

§ 16-1-20.1 Period of Silence for Meditation

[Repealed]

Repealed by Act 98-381, p. 715, § 2, effective April 27, 1998.

(Acts 1981, No. 81-357, p. 523.)

§ 16-1-20.2 School Prayer

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

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

(Acts 1982, 2nd Ex. Sess., No. 82-735, p. 190, § 1.)

§ 16-1-20.3 Student-Initiated Voluntary Prayer

(a) The legislative intent and purpose for this section is to protect the freedom of speech guaranteed by the First Amendment to the United States Constitution and Article 1, Section 4 of the Constitution of Alabama of 1901, to define for the citizens of Alabama the rights and privileges that are accorded them on public school and other public property and at school-related events, and to provide guidance to public school officials on the rights and requirements of law they must apply. Further, the intent and purpose of the Legislature is to properly accommodate the free exercise of religious rights of its student citizens in the public schools and at public school events as mandated by the First Amendment to the United States Constitution and the judicial interpretations thereof as given by the United States Supreme Court.

(b) On public school, other public, or other property, non-sectarian, non-proselytizing student-initiated voluntary prayer, invocations and/or benedictions, shall be permitted during compulsory or non-compulsory school-related student assemblies, school-related student sporting events, school-related graduation or commencement ceremonies, and other school-related student events.

(c) Nothing in this section shall otherwise diminish the right of any student or person to exercise his or her rights of free speech and religion, including prayer, as permitted by the United States Constitution and the Alabama Constitution on public school or other public property, or other property, at times or events other than those stated in subsection (b).

(d) The exercise of these rights on public school or other public property, or on other property for school-related activities, by students or others, shall not be construed to indicate any support, approval, or sanction by the State of Alabama, any political subdivision thereof, municipal corporation, governmental entity of any description, or any agent or employee of any governmental entity of the contents of any such prayer, invocation, benediction, or other activity, or be an unconstitutional use of any public school property or other public property, or be the promotion or establishment of any religion or religious belief.

(Acts 1993, 1st Ex. Sess., No. 93-850, p. 77, §§1-4.)

§ 16-1-20.4 Period of Quiet Reflection

(a) The Legislature of Alabama finds that in the hectic society of today all too few citizens are able to experience even a moment of quiet reflection before plunging headlong into the activities of daily life. Young citizens are particularly affected by the absence of an opportunity for a moment of quiet reflection. The Legislature finds that our young, and society as a whole, would be well served if students in the public schools were afforded a moment of quiet reflection at the beginning of each school day and at the opening of school athletic events and graduation ceremonies.

(b) At the opening of school every day in each public school classroom, the teacher in charge shall conduct a brief period of quiet reflection for 60 seconds with the participation of every pupil in the classroom.

(c) At the beginning of every school athletic event and graduation ceremony, the principal of the school, or his or her designee, shall conduct a brief period of quiet reflection for 60 seconds.

(d) The moment of quiet reflection authorized by subsection (b) and subsection (c) is not intended to be and shall not be conducted as a religious service or exercise, but shall be considered an opportunity for a moment of silent reflection on the anticipated activities of the day or event.

(Act 98-381, p. 715, §1; Act 2001-428, p. 556, §1.)

§ 16-1-20.5 Protection of Student Religious Liberties

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

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

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

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

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

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

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

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

(2) Violate the constitutional rights of any person.

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

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

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

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

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

(i) This section shall apply beginning with the 2015-16 school year.

(Act 2015-129, §§1-9.)

§ 16-1-20.6 Student Participation in Religious Released Time Instruction

(a) This section shall be known and may be cited as the Alabama Released Time Credit Act.

(b) The Legislature finds and declares all of the following:

(1) That the United States Supreme Court, in its decision in Zorach v. Clauson, 343 U.S. 306 (1952), upheld the constitutionality of released time programs for religious instruction for public school students during the school day.

(2) That the United States Constitution and state law allows local school districts to offer religious released time education for the benefit of public school students.

(3) That the purpose of this section is to incorporate a constitutionally acceptable method of allowing school districts to accommodate religious released time classes and, in grades where credit is earned, to award students elective credit for classes taken during the school day in released time programs.

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

(1) RELEASED TIME. A period of time during the school day when a student is allowed to participate in religious released time instruction that is conducted off school district property and conducted by a sponsoring entity.

(2) SPONSORING ENTITY. A church or other local community-based religious organization.

(d)(1) The State Board of Education and each local board of education shall allow a parent or guardian to choose for his or her student to attend a religious released time program conducted by a sponsoring entity.

(2) Subdivision (1) shall not apply in either of the following circumstances:

a. If a local board of education or the local superintendent or designee of the local board of education has a reasonable belief based on objective evidence that permitting a student to attend a released time program would pose a substantial risk of physical harm to the student or that the sponsoring entity is in violation of state law in a manner that poses a substantial risk of physical harm to a student.

b. If the student’s participation in religious released time would cause the student to be excused from the minimum instructional time for any course or subject as prescribed by the State Board of Education, or from any student intervention required under state or federal law, for purposes of participating in religious released time.

(3) Nothing in this section shall be construed to:

a. Endorse any religious belief, practice, or instruction by the State Board of Education or any local board of education;

b. Limit the authority of local boards of education over the development of school schedules; or

c. Limit the authority of local boards of education to tailor the policies addressed in this section to meet their specific needs, provided that the policy reflects the requirements of this section and complies with applicable law, rules, and regulations.

(e) The State Board of Education and each local board of education may adopt a policy for a student to attend released time which may require that any of the following be satisfied by the sponsoring entity:

(1) The parent or guardian of the student gives written consent for the student to participate in religious released time and completes the local board of education’s standard checkout authorization form for the released time program. A single completed authorization form shall apply for the full duration of the school year and may not be required for each individual released time session.

(2) Released time instruction and activities are not sponsored by the local board of education and do not fall under the supervision, control, or authority of the local board of education or its employees.

(3) The sponsoring entity maintains attendance records and makes them available to the public school the student attends.

(4) The sponsoring entity makes provisions for and assumes liability for the student who is excused for released time.

(5) No public funds are expended other than de minimis administrative costs.

(6) No public school personnel are involved in providing the religious instruction.

(7) The sponsoring entity conducts a criminal history background check for all employees or contractors of the entity who are likely to have direct, ongoing contact with a student who is excused for released time.

(8) The student assumes responsibility for any missed school work.

(f) In grades where credit is earned, a student who participates in released time may earn elective course credit for participation, as provided by rules adopted by the State Board of Education for elective courses. Credit awarded may not exceed normal credit given for an elective course in the particular school system. The State Board of Education shall also adopt minimum standards for class attendance necessary to qualify for credit.

(g) A student who participates in religious instruction for elective credit during released time shall be credited with time spent as if the student attended school, and the time shall be calculated as part of the actual school day.

(h) Transportation to and from the place of released time, including transportation for any student with disabilities, is the complete responsibility of the sponsoring private entity, parent, guardian, or student and may not be arranged, coordinated, or provided for by public school personnel.

(Act 2019-281, §§1-3; Act 2026-376, §1.)

§ 16-1-20.7 Campus Chaplains Volunteering in Public K-12 Schools or Public Charter Schools

(a) For the purposes of this section, the term “public school” means any public K-12 school or public charter school.

(b)(1) Beginning with the 2026-2027 school year, each local board of education and the governing body of each public charter school may take a recorded vote on whether to adopt a policy authorizing a public school under its jurisdiction to accept a campus chaplain as a volunteer under this section.

(2) If a local board of education or the governing body of a public charter school votes to accept a campus chaplain as a volunteer, a campus chaplain may be made available to provide support, services, and programs at the request of any teacher in the local school district.

(c)(1) A campus chaplain volunteering under this section is not required to be certified by the State Board of Education.

(2) Each campus chaplain volunteering under this section must have completed a recognized chaplain training program.

(d) A public school that accepts a campus chaplain as a volunteer under this section, before the campus chaplain may begin volunteering, shall ensure that the campus chaplain complies with Section 16-22A-5, relating to criminal history background information check requirements.

(e) A public school may not accept a campus chaplain as a volunteer who has been adjudicated or convicted of an offense that requires registration as a sex offender under Chapter 20A of Title 15.

(Act 2026-508, §1.)

§ 16-1-21 Payments by Boards of Education for Fund-Saving Suggestions; Section Permissive Only

(a) All local boards of education, throughout the state, now existing or hereinafter established, are hereby authorized to pay employees for suggestions which result in a saving of funds for that particular board of education. Such expenditures are to be made from the general operating funds of the particular board of education awarding the payment.

(b) The expenditures authorized herein shall not be paid to members of the board of education nor to administrative personnel whose normal job duties include providing suggestions for saving of board funds.

(c) This section is permissive only and any authority to give moneys to employees for suggestions remains with the local county or city boards of education. The amount of payment shall be determined by the individual boards, and shall be calculated in such manner as the individual boards see fit.

(Acts 1979, No. 79-620, p. 1100, §§ 1-3.)

§ 16-1-22 Audit of Certain Institutions

The Department of Examiners of Public Accounts is hereby authorized and empowered to audit the records of the Marion Military Institute, the Lyman Ward Military Academy, the Talladega College, the Walker County Junior College, the Tuskegee University, the Sylacauga Nurses Training School, and the Coosa Valley Medical Center School of Nursing to the same extent, degree, and scope as its audits of public educational institutions, and said institutions shall submit to the Legislature each year before any subsequent appropriation requests may be considered by the Legislature, a full accounting of their receipts, disbursements, assets, liabilities, and other resources as of the date of the close of their immediately preceding academic year.

(Acts 1980, No. 80-479, p. 750, § 2; Acts 1980, No. 80-480, p. 751, § 2; Acts 1980, No. 80-481, p. 751, § 2; Acts 1980, No. 80-482, p. 752, § 2; Acts 1980, No. 80-483, p. 752, § 2; Acts 1987, No. 87-352, p. 517, § 2; Acts 1991, No. 91-693, p. 1339, § 2.)

§ 16-1-23 Hazing Prohibited; Penalty

(a) Hazing is defined as follows:

(1) Any willful action taken or situation created, whether on or off any school, college, university, or other educational premises, which recklessly or intentionally endangers the mental or physical health of any student, or

(2) Any willful act on or off any school, college, university, or other educational premises by any person alone or acting with others in striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or maim, or to do or seriously offer, threaten, or attempt to do physical violence to any student of any such educational institution or any assault upon any such students made for the purpose of committing any of the acts, or producing any of the results to such student as defined in this section.

(3) The term hazing as defined in this section does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization. The term hazing does not include corporal punishment administered by officials or employees of public schools when in accordance with policies adopted by local boards of education.

(b) No person shall engage in what is commonly known and recognized as hazing, or encourage, aid, or assist any other person thus offending.

(c) No person shall knowingly permit, encourage, aid, or assist any person in committing the offense of hazing, or willfully acquiesce in the commission of such offense, or fail to report promptly his knowledge or any reasonable information within his knowledge of the presence and practice of hazing in this state to the chief executive officer of the appropriate school, college, university, or other educational institution in this state. Any act of omission or commission shall be deemed hazing under the provisions of this section.

(d) Any person who shall commit the offense of hazing shall be guilty of a Class C misdemeanor as defined by Title 13A.

(e) Any person who participates in the hazing of another, or any organization associated with a school, college, university, or other educational institution in this state which knowingly permits hazing to be conducted by its members or by others subject to its direction or control, shall forfeit any entitlement to public funds, scholarships, or awards which are enjoyed by him or by it and shall be deprived of any sanction or approval granted by the school, college, university, or other educational institution.

(f) Nothing in this section shall be construed as in any manner affecting or repealing any law of this state respecting homicide, or murder, manslaughter, assault with intent to murder, or aggravated assault.

(Acts 1981, No. 81-824, p. 1466, §§ 1-6.)

§ 16-1-24 Reporting of Property Damage and Physical Assaults on Students and School Personnel; Legislative Intent; Penalties

(a) For purposes of this section, the following words and phrases shall have the following respective meanings, unless the context clearly indicates otherwise:

(1) INCIDENT. Any act of physical violence, with or without a weapon, trespass, vandalism, or property damage which occurs.

Provided, however, that incidents involving only students from the same school wherein no dangerous weapon was involved and no bodily injury requiring medical attention occurs shall not be required to be reported as provided herein. All attacks or incidents involving teachers or other school personnel shall be promptly reported.

(2) PRINCIPAL. The principal or top administrator of any public elementary, junior or senior high school at which the incident occurred.

(3) SUPERINTENDENT OF EDUCATION. The superintendent of the county or city board of education in the county in which the school is located.

(4) REPORT. A written narrative report of an incident, the number and names and addresses of persons involved in the incident, the type of any weapon involved and a description of any injury or damage resulting from the incident. Said report shall contain the names and addresses of all known persons present at the time of said incident.

(5) TEACHER AND OTHER SCHOOL EMPLOYEE. An employee of any public elementary, junior or senior high school at which the incident occurred.

(6) SCHOOL BOARD. The board of education.

(7) COUNTY SHERIFF. The sheriff of the county in which the public school is located.

(b) It is the intention of the Legislature by passage of the section to require principals, teachers and other school employees of public elementary, junior and senior high schools to make reports of violent disruptive incidents occurring on school property during school hours or during school activities conducted on or off school property after school hours or at any other time when such incident can be reasonably related to school or school functions and to provide for penalties for failure to report such incidents.

(c) Principals shall file a report within 72 hours with the superintendent of education of any incident of which they have knowledge. A copy of the report shall also be furnished members of the school board and the county sheriff by the superintendent of education.

(d) Teachers and other school employees shall immediately report to the principal any incident of which they have knowledge. Said teacher and employee shall assist the principal in the preparation of the report required under subsection (c) of this section.

(e) Any superintendent of education, principal, teacher, or employee who violates the provisions of this section by failure to file a required report shall be guilty of a Class C misdemeanor.

(Acts 1982, No. 82-515, p. 849, §§1-5.)

§ 16-1-24.1 Safe School and Drug-Free School Policy; Violations; Discipline Policy; Liability Limited for Discipline Actions

(a) The Legislature finds a compelling public interest in ensuring that schools are made safe and drug-free for all students and school employees. The Legislature finds the need for a comprehensive safe school and drug-free school policy to be adopted by the State Board of Education. This policy should establish minimum standards for classes of offenses and prescribe uniform minimum procedures and penalties for those who violate the policies. It is the intent of the Legislature that our schools remain safe and drug-free for all students and school employees. The State Board of Education shall adopt and all local boards of education shall uniformly enforce policies that protect all students and school employees. The State Board of Education shall require local school systems to modify their policies, practices, or procedures so as to ensure a safe school environment free of illegal drugs, alcohol, or weapons. Any rules adopted by the State Board of Education pursuant to this section shall be exempt from Section 41-22-3(3). These modifications shall include the formulation of a discipline plan setting forth policies, practices, and procedures dealing with students or other individuals who bring illegal drugs, alcohol, or weapons on a school campus. The discipline plan shall also include uniform drug-free school policies with uniform penalties.

(b)(1) The principal shall notify appropriate law enforcement officials when any student or school employee violates local board of education policies concerning drugs, alcohol, weapons, physical harm to an individual, or threatened physical harm to an individual.

(2) The principal shall notify appropriate law enforcement officials immediately upon notice of any individual making a terrorist threat pursuant to Section 13A-10-241 or Section 13A-10-242.

(3) If any criminal charge is warranted arising from the conduct described in subdivision (1) or (2), the principal may sign a warrant or complaint. If that accused individual is a student enrolled in any public school in this state, the local school system shall immediately suspend that student from attending regular classes and schedule a hearing at the earliest possible date, which shall not be later than 30 calendar days, or pursuant to the due process procedures provided in Section 16-1-14, whichever is earliest. The length of the suspension shall depend on the outcome of the disciplinary hearing before the local board of education. The initiation of criminal charges against a student shall include a review and consideration of the student’s exceptional status, if applicable, under Chapter 39, or appropriate federal statutory or case law.

(4) Any disciplinary action mandated by this subsection shall be subject to the student’s existing rights and procedural safeguards under the federal Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973, which shall take precedence in the event of a conflict.

(c) Except as otherwise provided in subsection (e), if a student or school employee is found to have violated a local board of education policy concerning drugs, alcohol, weapons, physical harm to an individual, or threatened physical harm to an individual, the student or school employee may not be readmitted to the public schools of this state until: (i) all criminal charges or offenses arising from the conduct, if any, have been disposed of by appropriate authorities; and (ii) the student or school employee has satisfied all other requirements imposed by the local board of education as a condition for readmission.

(d) Except as otherwise provided in subsection (e), any student or school employee adjudicated delinquent or a youthful offender, or convicted of a criminal offense involving drugs, alcohol, weapons, physical harm to an individual, or threatened physical harm to an individual, may not be readmitted to the public schools of this state until the student or school employee has satisfied the conditions prescribed by the local board of education for preservation of the safety or security of students and employees of the local board of education, which may include, but are not limited to, psychiatric or psychological evaluation and counseling.

(e)(1) Any disciplinary action mandated by this subsection shall be subject to the student’s existing rights and procedural safeguards under the federal Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973, which shall take precedence in the event of a conflict.

(2) If a student is charged with making a terrorist threat in the first or second degree, the school system shall immediately suspend that student from attending regular classes and schedule a hearing at the earliest possible date, which shall not be later than 30 calendar days after the suspension, or pursuant to the due process procedures provided in Section 16-1-14, whichever is earliest. This suspension shall not prevent a student from attending any hearing or official proceeding when summoned by the school administration or board of education. The student may not be readmitted to the public schools of this state until: (i) all criminal charges or offenses arising from the conduct have been disposed of by appropriate authorities; (ii) the student has completed a psychiatric or psychological evaluation and has begun counseling if prescribed by the court; and (iii) the student has satisfied all other requirements imposed by the local board of education as a condition for readmission.

(3) In addition to the recovery of damages and court costs provided in subdivision (f)(3), upon a student being adjudicated or convicted of the crime of making a terrorist threat in the first or second degree, the student shall be expelled from school, and the court may order the student and the parent or guardian of the student to pay restitution to law enforcement, emergency medical service providers, and the local board of education for any costs incurred relating to the crime.

(f)(1) A copy of the school system’s discipline plan shall be distributed to all students enrolled in the system, and their parents or guardians shall read the plan and sign a statement verifying that they have been given notice of the discipline policies of their respective school system. The local board of education shall have its official discipline plan reviewed on an annual basis to ensure that its policies and procedures are currently in compliance with applicable statutes, case law, and state and federal constitutional provisions.

(2) The discipline plan of a school system shall include, but not be limited to, all of the following:

a. A parent or guardian, excluding a foster parent, responsible for the care or control of a student enrolled in a public school system shall be responsible financially for the destructive acts of the student against school property or another individual.

b. A parent or guardian, excluding a foster parent, responsible for the care or control of a student enrolled in a public school system may be requested to appear at the school by an appropriate school official for a conference regarding the acts of the student specified in paragraph a.

c. A parent or guardian, excluding a foster parent, responsible for the care or control of a student enrolled in a public school system who has been summoned by proper notification by an appropriate school official shall attend the discipline conference specified in paragraph b.

(3) Any public school system may recover actual damages, plus necessary court costs, from the parent or guardian, or both, of any student who maliciously and willfully damages or destroys property belonging to the school system. This subdivision shall not apply to any parent whose parental control of a student has been removed by court order or decree or to any parent of an exceptional child with specific mental and physical impairments if the damage is determined to result from the impairments. The action authorized in this subdivision shall be in addition to all other actions that the school system may maintain and nothing in this subdivision shall preclude recovery in a greater amount from the student or from an individual, including the parents or guardian, or both, for damages to which the student would otherwise be liable.

(g) The local board of education shall adopt and make available to all teachers, school personnel, students, and parents or guardians, at the beginning of each school year, a code of student conduct developed in consultation with teachers, school personnel, students, and parents or guardians. The code shall be based on the rules governing student conduct and discipline adopted by the local board of education and may be made available at the school level in the student handbook or similar publication. The code shall include, but not be limited to, all of the following:

(1) Specific grounds for disciplinary action.

(2) Procedures to be followed for acts requiring discipline.

(3) An explanation of the responsibilities and rights of students with regard to attendance, respect for individuals, entities, and property, knowledge and observation of rules of conduct, and the right to learn, free speech and student publications, assembly, privacy, and participation in school programs and activities.

(h) Except in the case of excessive force or cruel and unusual punishment, no certified or noncertified employee of the State Board of Education or any local board of education shall be civilly liable for any action carried out in conformity with state law and system or school rules regarding the control, discipline, suspension, and expulsion of students.

(i) Nothing in this section shall be construed to prevent a local board of education from adopting more stringent rules than those adopted on the state level in order to foster and maintain a safe and drug-free environment in the public schools.

(Acts 1991, No. 91-323, p. 602, §22; Acts 1994, 1st Ex. Sess., No. 94-784, p. 72, §1; Act 2026-367, §1.)

§ 16-1-24.2 Department of Education to Develop Statewide Violence Prevention Program

(a) For purposes of this section, the following words and terms shall have the following meanings:

(1) GUIDANCE COUNSELING PROCEDURES. Procedures providing planned, sequential activities and services designed to help all students develop skills in the areas of personal and social growth, educational planning, and career and vocational development.

(2) LAW-RELATED EDUCATION. Education which provides children and youth with the knowledge and skills pertaining to the law, the legal process, school safety, and citizenship responsibilities to promote law-abiding behavior with the purpose to prevent children and youth from engaging in delinquency or violence and enable them to become productive citizens.

(b) The Department of Education shall develop a statewide violence prevention program using such resources as law-related education and guidance counseling procedures to develop violence prevention curricula for grades K through twelve, to provide training to teachers and school administrators on violence prevention, and to develop school-community partnerships for violence prevention.

(Acts 1994, 1st Ex. Sess., No. 94-784, p. 72, §2.)

§ 16-1-24.3 Local Boards of Education to Implement Policies Requiring Expulsion of Students Who Possess Firearms in School Areas

(a) All city and county boards of education shall develop and implement local policies and procedures requiring the expulsion of students, for a period of one year, who are determined to have brought to school or have in their possession a firearm in a school building, on school grounds, on school buses, or at other school-sponsored functions. Notwithstanding the foregoing, city and county boards of education and the local superintendent of education of each board may modify the expulsion requirement for a student on a case-by-case basis. Students who are expelled for violation of this section shall not be allowed to attend regular school classes in any public school in the state during the expulsion period. Students who are expelled from schools for firearm possession may be permitted to attend alternative schools designed to provide education services. Discipline of students with disabilities who violate the firearm possession policies of city and county boards of education shall be determined on a case-by-case basis in accordance with the requirements of the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act.

(b) For the purposes of this section, the term “firearm” has the same meaning as defined in Section 921 of Title 18 of the United States Code.

(c) When there are violations of the prohibition on firearms being brought to school or the possession of firearms by students, the school principal shall notify the appropriate law enforcement authority which may include city police, county sheriffs, and the local district attorney. In addition to notification of law enforcement officials, the school principal shall notify the parents of students who violate the firearm-free school environment provided for in this section.

Law enforcement authorities involved with students charged with firearm violations shall refer the violators of this section to the appropriate authority in the judicial system when the action is feasible.

(d) Local education agencies submitting applications for federal funds to the State Department of Education shall include in the application:

(1) An affidavit to affirm that the local education agency has developed and implemented a policy to provide for a gun-free environment in all its public schools.

(2) A description of the circumstances surrounding an expulsion imposed under this section including:

a. The name of the school concerned.

b. The number of students expelled.

c. The types of weapons concerned.

The State Department of Education shall report the information collected from the local education agencies to the Secretary of Education.

(Acts 1995, No. 95-756, 1768, §§1-4.)

§ 16-1-25 (Amended by Act 2026-582) Access to Students and Campus Facilities by Military Recruiters of U.s. Armed Forces and Department of Homeland Security

AMENDED BY ACT 2026-582, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

All city and county public school systems and all public institutions of higher education as defined by Section 16-5-1 and all divisions of public institutions of higher education shall grant military recruiters of the United States Armed Forces and United States Department of Homeland Security the same information and access to students and campus facilities as the institution grants to prospective employers of students or to postsecondary institutions.

(Acts 1982, 2nd Ex. Sess., No. 82-762, p. 237, §1; Acts 1996, No. 96-672, p. 1137, §1; Act 2017-259, §1.)

§ 16-1-25.1 Access by Professional Educators’ Associations

(a) A public school district or any employee of a public school district shall grant all professional educators’ associations the same level of access to employees of the public school district. No professional educators’ association shall have a level of access to employees of the public school district that is greater than or less than any other professional educators’ association.

(b) For purposes of this section, access shall include, but is not limited to, all of the following:

(1) Setting up informational tables at inservice or other similar meetings.

(2) Speaking at inservice or other similar meetings.

(3) Distributing information in a school’s mail boxes or through a school’s email system.

(4) Utilizing a school’s meeting rooms during nonworking hours.

(5) Representing employees in employment matters, when requested by the employee.

(6) Posting information on school bulletin boards.

(Act 2018-233, §1.)

§ 16-1-26 Compensation of School Board Members

(a) Members of local boards of education may receive reasonable compensation for their services, not to exceed nine hundred dollars ($900) per month, unless set at a higher figure by a local act, upon approval by a majority vote of the members at the board’s annual meeting. Compensation shall be in addition to actual traveling and other necessary expenses incurred in attending meetings and transacting business of the board.

(b) The compensation, actual traveling expenses, and other necessary expenses incurred shall be paid as other ordinary and necessary expenses of the board.

(c) Any individual member of a local board of education may refuse to accept all or any portion of the approved compensation.

(d) The compensation of any member of a local board of education who is not in compliance with the continuing education and training requirements developed pursuant to Section 16-1-41.1 shall be held in escrow by the local board of education until the member becomes compliant. If a member vacates, resigns from, or otherwise leaves his or her position as a member of the local board of education with any compensation remaining in escrow, those remaining funds shall then revert back to the local board of education.

(Acts 1983, No. 83-603, p. 941; Act 2000-123, p. 178, § 1; Act 2024-331, §1.)

§ 16-1-27 Use of Electronic Communication Devices on School Property

[Repealed]

THIS SECTION WAS REPEALED BY ACT 2025-386, EFFECTIVE MAY 14, 2025.

(Acts 1989, No. 89-953, p. 1880, §1; Act 2006-530, p. 1224, §1; Act 2025-386, §7.)

§ 16-1-28 No Public Funds or Public Facilities to Be Used to Promote Lifestyle or Activities Prohibited by Sodomy and Sexual Misconduct Laws

(a) No public funds or public facilities shall be used by any college or university to, directly or indirectly, sanction, recognize, or support the activities or existence of any organization or group that fosters or promotes a lifestyle or actions prohibited by the sodomy and sexual misconduct laws of Sections 13A-6-63 to 13A-6-65, inclusive.

(b) No organization or group that receives public funds or uses public facilities, directly or indirectly, at any college or university shall permit or encourage its members or encourage other persons to engage in any such unlawful acts or provide information or materials that explain how such acts may be engaged in or performed.

(c) This section shall not be construed to be a prior restraint of the First Amendment protected speech. It shall not apply to any organization or group whose activities are limited solely to the political advocacy of a change in the sodomy and sexual misconduct laws of this state.

(Acts 1992, No. 92-439, p. 869, §§1-3.)

§ 16-1-30 Written Educational Policies, Rules and Regulations of Local Boards of Education

(a) Definitions. When used in this section, the following words shall have the following meanings:

(1) LOCAL BOARD OF EDUCATION or BOARD OF EDUCATION. Any 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 Department District; the Board of Directors of the Alabama School of Fine Arts; and the Board of Directors of the Alabama High School of Mathematics and Science.

(2) CHIEF EXECUTIVE OFFICER. The superintendent of any public county or public city school system; the President of the Alabama Institute for Deaf and Blind; the Superintendent of the Department of Youth Services District; the Executive Director of the Alabama School of Fine Arts; the Executive Director of the Alabama High School of Mathematics and Science.

(3) PROFESSIONAL ORGANIZATION. The employees’ local professional organization whose parent organization represents the majority of school employees statewide.

(b) The local board of education shall, upon the written recommendation of the chief executive officer, determine and establish a written educational policy for the board of education and its employees and shall prescribe rules and regulations for the conduct and management of the schools. Before adopting the written policies, the board shall, directly or indirectly through the chief executive officer, consult with the applicable local employees’ professional organization. Input by the applicable professional organization shall be made in writing to the chief executive officer. Representatives of the professional organization shall be made known to the chief executive officer in writing by the professional organization’s duly elected officers or their representative. The chief executive officer of the board may also consult with professional assistants, principals, employees, and other interested citizens. The written policies, rules, and regulations, so established, adopted, or promulgated shall be made available to all persons affected and employed by the board. Any amendments to the policies, rules, and regulations shall be developed in the same manner and furnished to the affected persons employed by the board within 20 days after adoption.

(Acts 1995, No. 95-121, p. 183, §§2, 3.)

§ 16-1-31 Elective Course Credit for Participation in Ymca Youth and Government Programs

(a) Each public local board of education may provide that a high school student who participates in YMCA Youth and Government programs may earn elective course credit for participation providing that Section 16-28-5, which requires 140 days of instruction by a certified teacher, is adhered to.

(b) The amount of elective course credit granted for participation in YMCA Youth and Government programs shall be determined by the local board of education, but the credit shall not exceed one credit unit.

(c) Participation by a student in YMCA Youth and Government programs shall be certified by the local YMCA official responsible for the program.

(d) YMCA Youth and Government programs eligible for credit pursuant to this section shall be approved by local boards of education.

(e) Local boards of education may adopt minimum standards for any program pursuant to this section including minimum standards for the curriculum and participation in order to qualify for credit.

(Acts 1996, No. 96-491, p. 622, §1.)

§ 16-1-32 Debit Cards; Authorized Uses; Transaction Fees

(a) The board of trustees or any other governing body of a public institution of higher education as defined in Section 16-5-1 may establish a program which provides students enrolled at the institution with debit cards issued by the institution. This specific authority shall exist in addition to any pre-existing authority to establish such a program conferred elsewhere by the Constitution of Alabama of 1901, or statute.

(b) A student issued a debit card under the program may use the card to purchase merchandise or services available through the institution or at the institution through a person authorized to sell merchandise or services at the institution, or at any other location or through any other person as determined by the board of trustees or the governing body.

(c) Without limiting the generality of the foregoing subsection, the debit card program shall at a minimum allow a person who operates an off-campus college bookstore which sells merchandise or services of the same kind as the merchandise or services that a student may purchase at a bookstore operated on the campus of the institution under subsection (b), to participate in the program under the same or equivalent terms applicable to a person authorized to sell merchandise or services under subsection (b), and to accept a debit card payment from a student to whom a debit card has been issued under the program for purchase of that merchandise or service.

(d) A per transaction fee, not to exceed 3.25 percent of the total purchase price may be charged the off-campus bookstore by the institution administering the debit card program. Other merchants may participate in the program under the terms and conditions established by the institution. The transaction fee for all other merchants or vendors, irrespective of type of business, shall not exceed five percent of the total purchase price.

(e) The amendments to this section specified in Act 2006-405 shall be implemented and be operative by July 1, 2006.

(Acts 1997, No. 97-226, p. 371, §1; Act 2006-405, p. 1013, §1.)

§ 16-1-33 Written Reduction-in-Force Policy

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

(1) BOARD. All public city and county boards of education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Alabama Youth Services Department District Board in its capacity as the Board of Education for the Youth Services Department District, the Board of Directors of the Alabama School of Fine Arts, and the Board of Trustees of the Alabama High School of Mathematics and Science.

(2) EMPLOYEES. Employees or personnel of the board, except those employees covered under the state’s Merit System and except those employees at the Alabama Industries for the Blind.

(3) LAYOFF. An unavoidable reduction in the work force beyond normal attrition due to decreased student enrollment or shortage of revenues.

(b) Each board shall adopt a written reduction-in-force policy consistent with Section 16-1-30. The policy shall include, but shall not be limited to, layoffs, recalls, and notifications of layoffs and recalls. The reduction-in-force policy of the board shall be based on objective criteria.

(Acts 1997, No. 97-622, p. 1095, §1.)

§ 16-1-34 Donation by Two-Year College President of Surplus Property to Local Public School System

A two-year college president under the jurisdiction of the Department of Postsecondary Education and the State Board of Education and the State Board of Medical Examiners may donate surplus personal property of the institution to a local city board of education or to a local county board of education for use by public high schools, public middle schools, and public elementary schools in the respective local public school system. Accurate records of the transactions shall be kept by the two-year institution and the State Board of Medical Examiners and the recipient local public school system.

(Act 2000-689, p. 1400, §1.)

§ 16-1-35 Governor’s Academic Achievement Program

(a) The “Governor’s Academic Achievement Program” is created to encourage and reward academic improvement in the public schools of this state.

(b) Pursuant to the State Board of Education Academic Assistance Program, the status of each public school is classified as one of the following:

(1) Academic Clear.

(2) Academic Caution.

(3) Academic Alert.

(4) Academic Intervention.

(c) Pursuant to the Governor’s Academic Achievement Program, any public school in the state that improves its academic achievement status by one or more steps from the previous year shall receive a financial reward.

(1) A two thousand dollar ($2,000) reward shall be paid to any school that improves by one step from Academic Intervention to Academic Alert, from Academic Alert to Academic Caution, or from Academic Caution to Academic Clear.

(2) A three thousand dollar ($3,000) reward shall be paid to any school that improves by two steps from Academic Intervention to Academic Caution or from Academic Alert to Academic Clear.

(3) A five thousand dollar ($5,000) reward shall be paid to any school that improves by three steps from Academic Intervention to Academic Clear. In addition to the financial reward, the school shall receive a Governor’s Academic Achievement Program trophy signifying outstanding academic achievement.

(d) Any school on Academic Clear status that demonstrates annual improvement on the nationally normed achievement test for three consecutive years, as confirmed by the State Superintendent of Education, shall receive a five thousand dollar ($5,000) reward for the third year’s improvement and a five thousand dollar ($5,000) reward for each three-year period of consecutive improvement thereafter. For any year that the school does not demonstrate improvement, the reward shall not be granted and the three-year consecutive improvement time period shall again be required prior to qualifying for the reward.

(e) Any school earning a financial reward pursuant to this section shall use the reward money for instructional programs and materials at the school as determined by the teachers of the school.

(f) The Legislature shall annually appropriate sufficient funds to the State Department of Education from the Education Trust Fund to meet the requirements of this section. The State Department of Education shall allocate the funds as provided in this section to the respective schools.

(Act 2000-766, p. 1759, §1.)

§ 16-1-36 Tutoring Programs for Students Accessed Below Average Sat Scores

(a) Beginning in the 2000-2001 school year, any public school student in this state who is required by statute or regulation of the State Department of Education to be tested or assessed by Stanford Achievement Test (SAT) or any other assessment used by the school system who scores or is assessed at a range of one grade below any subject or subjects, or falls below the average of the school system assessment shall be provided tutoring programs for reading skills and other subjects by the department. The tutoring program shall be provided within the school system of the student. Tutoring programs shall continue two additional times for any student while attending the school for any subject or subjects until the student scores or is assessed in the average range or above for each subject being tutored, however, the school system may continue the tutoring sessions, and the program shall remain for all other students provided funding is available or appropriated by the state.

(b) Prior to providing a tutoring program, a school system shall develop and submit to the State Department of Education for its approval a local plan for the implementation of tutoring service.

(c) The school system may utilize the services of the Boys and Girls Clubs.

(d) The State Superintendent of Education shall promulgate necessary regulations to implement this section.

(Act 2000-804, p. 1915, §1.)

§ 16-1-37 Issuance of High School Diplomas to Certain Honorably Discharged Veterans

The State Superintendent of Education may award a standard high school diploma to any honorably discharged veteran who served in the United States Armed Forces at any time between December 7, 1941, and January 31, 1946, between June 27, 1950, and January 31, 1955, or between November 15, 1961, and March 28, 1973; was a resident of Alabama prior to entry into the United States Armed Forces; and whose entry into the United States Armed Forces interrupted high school attendance and prevented graduation. Upon the recommendation of the State Superintendent of Education, the State Board of Education shall develop criteria and guidelines necessary for the implementation of this section.

(Act 2001-345, p. 449, §1; Act 2004-549, p. 1177, §1; Act 2010-691, p. 1678, §1.)

§ 16-1-38 Financial and Education Law Training for Newly Elected Superintendents of Education

(a)(1) Each person newly elected or appointed as a city or county superintendent of education shall, prior to assuming office, attend and satisfactorily complete a training program on school finances and education law. This requirement shall be applicable upon the development and offering of the training program as provided in this section.

(2) The State Superintendent of Education, based upon reasonable cause, may allow a newly elected or appointed superintendent to attend and satisfactorily complete the training program after assuming office.

(3) Superintendents serving on May 31, 2001, may attend such training program.

(4) The Department of Education, or its designee, shall provide the training program at no cost.

(b)(1) The training program shall be formulated by a committee comprised of the State Superintendent of Education and each of the following:

a. A representative of the State Department of Education appointed by the State Board of Education.

b. A representative of the Council for Leaders in Alabama Schools, appointed by the governing body of the council.

c. A representative of the Alabama Education Association, appointed by the governing body of the association.

d. A representative of the Alabama Association of School Boards, appointed by the governing body of the association.

e. A representative of the Alabama Commission on Higher Education, appointed by the governing body of the commission.

(2) The committee shall determine each of the following:

a. The contents, scope, and curriculum of the program.

b. The duration of the program.

c. Locations and dates when the program would be offered.

d. The costs of developing the training program for school finance and law as well as the costs of validating and completing bias reviews for the required assessment program.

e. Other relevant matters relating to the development, implementation, and operation of the program.

(3) The committee shall recommend to the State Board of Education the inclusion of the school finance and law training program into all preparation programs for school administrators.

(4) The institutions of higher education shall use for the school finance and law courses only those professors who have satisfactorily completed the training and/or assessment program.

(c)(1) The State Board of Education, by rule, may provide further for the contents, scope, curriculum, duration, offerings, and other relevant matters relating to the development, implementation, and operation of the training program.

(2) The State Board of Education, by rule, may provide for the participation in all or a portion of the program by superintendents serving on May 31, 2001, and other appropriate school personnel.

(Act 2001-706, p. 1569, §1.)

§ 16-1-38.1 Professional Development Program for County and City Superintendents of Education

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

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

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

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

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

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

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

a. Analyzes learning needs.

b. Defines a clear set of learning goals.

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

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

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

f. May be facilitated and strengthened by external assistance.

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

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

(2) Advance the ongoing professional development of superintendents.

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

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

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

b. Accessing statewide resources.

c. Establishing focused goals.

d. Managing expectations.

e. Crafting different strategies.

f. Maintaining integrity.

g. Following through after planning.

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

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

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

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

(3) A new superintendent may elect to continue the training for one additional year.

(Act 2009-344, p. 666, §§1-3.)

§ 16-1-39 Self-Administration of Medications by Student

AMENDED BY ACT 2026-561, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Commencing with the 2007-2008 scholastic year, each local board of education and the governing body of each nonpublic school in the state shall permit the self-administration of medications by a student for chronic conditions if conducted in compliance with the State Department of Education and State Board of Nursing Medication Curriculum, as may be amended from time to time by the department and board. Approved medications may be self-administered if the parent or legal guardian of the student provides all of the information outlined in the medication curriculum, including, but not limited to, all of the following:

(1) Written and signed authorization for the self-administration to the chief executive officer of the school.

(2) Written and signed acknowledgement that the school shall incur no liability and that the parent or legal guardian shall indemnify and hold harmless the school and the employees and agents of the school against any claims that may arise relating to the self-administration of approved medications.

(3) Written medical authorization that includes all of the following:

a. The signature of the attending physician, or his or her authorized agent.

b. Confirmation that the student has been instructed in the proper self-administration of the approved medication.

c. The name, purpose, and prescribed dosage of the medications to be self-administered.

d. The frequency with which the prescribed medications are to be administered.

e. Any special instructions or circumstances under which the medications should be administered.

f. The length of time for which the medications are prescribed.

(b) All documents provided to a school pursuant to subsection (a) shall be kept on file in the office of the school nurse or chief executive officer of the school.

(c) The local board of education or the governing body of the nonpublic school shall incur no liability and is immune from any liability exposure created by this section.

(d) Permission for the self-administration of approved medications shall only be effective for the school year in which permission is granted. Permission for self-administration of approved medications may be granted in subsequent years provided all requirements of this section are satisfied.

(e) Upon obtaining permission to self-administer approved medications pursuant to this section, a student shall be permitted to possess and self-administer approved medications, according to the orders of the prescriber, at any time while on school property or while attending a school-sponsored event.

(f) Nothing in this section shall be interpreted as permitting a student to possess a controlled substance, as defined in the medication curriculum, on school property.

(g) Single dose autoinjectable epinephrine, as defined in subsection (c) of Section 16-1-48, is an approved medication for purposes of subsection (a) that may be carried on the person of and self-administered by a student.

(Act 2003-271, p. 643, §1; Act 2007-463, p. 970, §1; Act 2019-456, §2.)

§ 16-1-40 Education Trust Fund Proration Relief

(a) During fiscal year 2009 and any fiscal year in which proration is declared by the Governor in an amount equal to or greater than three percent, local boards of education, with the recommendation of the local superintendent, may transfer Education Trust Fund line item appropriations including the Public School Fund, except Public School Fund monies dedicated to a specific capital outlay project or debt service and except for Alabama Public School and College Authority funds which are allocated for a specific capital outlay project, between and among appropriated line item categories. No state funds shall be transferred from funds appropriated for salaries, fringe benefits, or student materials allocations.

(b) Prior to any implementation of the flexibility provisions of this section, the local board of education shall produce a plan indicating the source and amount to be transferred from each line item and show that the transfer of funds is necessary to minimize the loss of locally employed personnel providing education services, and to cover the essential operational expenses not fully funded by the Education Trust Fund Appropriations Act. The plan shall be submitted to the State Superintendent of Education for approval and must also be made available to the public and approved by the local board of education before it is submitted to the State Superintendent of Education. Failure to follow the plan once approved shall result in immediate state intervention and the subsequent withdrawal of approval. In instances where there are no layoffs due to proration or the school system is in a position of desperate financial need and sufficient other funds are not available from the Public School Fund, local funds, or other sources of revenue, the State Superintendent of Education may allow flexibility through an approved plan to pay for essential services. Before approval of the proposed plan, the state superintendent shall review all existing fund balances, the essential purposes which may only be funded through the flexibility provided as proposed, the economic factors that affect local revenues, and any loss of funding because of a drop in student enrollment. Prior to final approval of any proposed plan, the state superintendent shall assure that the first priority in use of flexibility funds shall be to prevent the loss of personnel.

(Act 2009-407, p. 735, §§2, 4.)

§ 16-1-41 Orientation and Training for Members of Local Board of Education

Each local public board of education shall adopt a policy for the orientation and ongoing training of members of its local board of education.

(Act 2009-297, p. 507, §1.)

§ 16-1-41.1 School Board Governance Improvement

(a) This section shall be known and may be cited as the School Board Governance Improvement Act of 2012.

(b) The Legislature finds and declares all of the following:

(1) That the purpose of this section is to enhance the effectiveness of public education governance in Alabama through the establishment of training requirements, boardsmanship standards, and accountability measures that are designed to promote informed deliberations and decisions, to revise the qualifications for serving as a member of a local board of education, to provide for a code of conduct for each member of a local board of education in order to better ensure that any decision or action of a local board of education is based on the interests of students or the system, and to foster the development and implementation of organizational practices that are designed to promote broad support of the public schools.

(2) A local board of education is the legally constituted body that governs a local school system, promotes student learning, and prepares students to be college and career ready. A local school board, and not individual board members, is entrusted with this responsibility. To function effectively, board members, both individually and collectively, must operate with the highest degree of accountability to these responsibilities and their fiduciary duty to act in the best interests of the local school system, without self-interest. A board member, as an individual, shall satisfy minimum qualifications to serve, shall comply with a code of conduct, and shall be required to participate in orientation and ongoing training. To meet the goal of comprehensive board member education and proficiency, governance standards should be clearly reflected in board member training with a focus on roles and responsibilities, student and school performance standards, and the delineation of each member’s role as a public official holding public trust.

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

(1) BOARDSMANSHIP. The effective discharge of duties as a member of a local board of education in keeping with the highest standards of stewardship and principles of public service as provided in this section.

(2) LOCAL BOARD OF EDUCATION. A city or county board of education whether elected or appointed.

(d)(1) In conjunction with and as a precondition to the installation of any elected or appointed member of a local board of education, and in addition to all other requirements imposed by law, prospective members shall be required for each term of office to affirm publicly and in writing all of the following principles of educational governance:

a. That each decision, action, and vote taken or made as a member of a local board of education shall be based solely on the needs and interests of students or the system.

b. That no decision, action, or vote shall be taken or made to serve or promote the personal, political, or pecuniary interests of the member.

c. That each decision, action, and vote shall be based on the interests of the school system as a whole.

d. That the views of all members of the local board of education and of the local superintendent of education shall be considered before making a decision or taking an action on any measure or proposal before the local board of education.

e. That, except to the extent otherwise provided by law, each member of a local board of education shall take formal action upon the written recommendation of and in consultation with the local superintendent of education, and may not individually or jointly attempt to direct or corrupt the operations of the school system in a manner that is inconsistent with the discharge of the statutory functions and responsibilities of the local superintendent of education.

f. That each member of a local board of education shall actively promote public support for the school system and a sound statewide system of public education, and shall endorse ideas, initiatives, and programs that are designed to improve the quality of public education for all students.

g. That each member of a local board of education shall attend scheduled meetings and actively participate in school system functions, activities, and training programs that promote quality boardsmanship unless good cause is shown.

(2) In addition to those duties specifically enumerated in the Code of Alabama 1975, a local board of education shall have all of the following duties:

a. In concert with the local superintendent of education, to establish a vision for the school system by adopting goals that address student needs, advance student performance, and monitor implementation of policies and programs by reviewing data.

b. To adopt written policies and programs, upon the recommendation of the local superintendent of education, to further the educational goals of the system and respond to system needs.

c. To act on personnel recommendations submitted by the local superintendent of education in a timely manner, based on student needs and system finances, without regard to personal preferences or political interests.

d. In concert with the local superintendent of education, to consider and approve operating budgets for the system aligned with the goals and objectives of the local board of education.

e. To advocate for the needs, resources, and interests of public school students and refer stakeholders and constituents to the local superintendent of education so that these issues can be addressed by school system personnel.

f. These duties should not be construed to limit or change the duties of local boards of education as found in the Code of Alabama 1975.

(e) In order to further the implementation of sound principles of boardsmanship within and among the local boards of education in the state, the State Superintendent of Education shall develop continuing education and training programs for the members of the local boards of education to enhance the understanding of the role of each member in assuring the effective provision of educational services. The programs shall be developed in cooperation with the Alabama Association of School Boards pursuant to Section 16-1-6.

(f) Any member of a local board of education who fails to satisfy the standards of boardsmanship as provided in this section, or other statutory duty or obligation, under circumstances that constitute neglect of duty or willful misconduct, may be subject to the following sanctions:

(1) Formal censure or reprimand upon an affirmative vote of a majority of the members of the local board of education on which he or she serves. No such action shall be taken unless the member, who is the subject of the proposed action, is provided at least 30 days’ advance written notice of the proposed action by the secretary of the local board of education. The notice shall be issued only upon an affirmative vote of a majority of the members of the whole board of education, shall specify the reasons for the proposed action, and shall state that the member shall be afforded an opportunity to respond orally or in writing to the notice before the vote of the local board of education on the proposed action is taken.

(2) Upon the referral of a written complaint by a majority vote of the applicable local board of education, or when, in the judgment of the State Superintendent of Education, sufficient cause exists to do so, and subject to the conditions hereinafter specified, the State Superintendent may investigate serious and substantial allegations of neglect of duty, misconduct, or breach of duty on the part of any member or members of a local board of education. On the basis of the investigation, the State Superintendent of Education may either decline to pursue formal sanctions or issue a written notice to the board members whose conduct is in question, which notice shall specify the proposed imposition of any sanctions that are contemplated as a result of the investigation. The notice shall also describe with reasonable particularity the neglect of duty, misconduct, or other breach of legal duty upon which any proposed sanction is based. The board member shall have at least 30 days to show cause in person or in writing why he or she should not be subject to the proposed sanction or to otherwise object to the proposed sanction. Upon request, the board member shall be granted a hearing before the State Superintendent of Education, or his or her designee, for the purpose of contesting any proposed sanction.

(3) After the close of the investigation, review, and hearing authorized by this section, the State Superintendent of Education may recommend approval of any of the following sanctions to the State Board of Education:

a. A formal censure or reprimand of the board member.

b. For any board member who fails to meet mandated training and attendance requirements, the member shall be subject to disqualification from eligibility for future appointment, reappointment, or election to any local board of education in the state.

c. For a board member whose conduct is found by the State Superintendent of Education to constitute neglect of duty or willful misconduct, the member shall be subject to disqualification from eligibility for future appointment, reappointment, or election to any local board of education in the state.

(4) Nothing in this subsection shall be deemed to preclude a negotiated resolution of any action that may be proposed or initiated by the State Superintendent of Education under this section, provided that such resolution is suitably memorialized, executed, made a matter of public record, and is consistent with the purposes of this section.

(5) No sanction shall be imposed on the basis of the exercise of personal, political, or other rights of a board member that are protected by the United States Constitution or by any state or federal statute.

(6) No sanction by the State Superintendent of Education, other than as may be imposed by written agreement with the board member, shall be effective until it is approved by majority vote of the State Board of Education.

(g) The State Board of Education shall adopt a model code of conduct for members of local boards of education by January 1, 2013. Before April 1, 2013, each local board of education shall adopt a code of conduct that includes, at a minimum, the model code of conduct adopted by the State Board of Education. The State Superintendent of Education shall develop and issue regulations to implement the requirements of this section, including any regulations deemed necessary and appropriate to ensure that procedures to be followed in connection with the imposition of sanctions authorized under this section conform to applicable legal standards.

(h) This section is cumulative and in addition to any other provision of law governing the training, performance, and accountability of local boards of education and members of local boards of education in the State of Alabama.

(Act 2012-221, p. 399, §1.)

§ 16-1-42 High School Fast Track to College Program

(a) The State Superintendent of Education, the Chancellor of the Department of Postsecondary Education, and the Alabama Commission on Higher Education shall develop a plan for a high school fast track to college program that offers qualified individuals an opportunity to earn a high school diploma while earning credits for a certificate program or an associate’s degree.

(b) To be eligible to earn a high school diploma pursuant to this section, an individual shall be either:

(1) Eighteen years of age and not currently enrolled in school.

(2) Between 16 and 18 years of age with consent from an administrator of the high school in which the individual is currently enrolled.

(c) To complete the requirements for a high school diploma pursuant to this section, the individual shall satisfy all graduation requirements as required by law.

(d) The department, in collaboration with the Department of Postsecondary Education and the Alabama Commission on Higher Education shall report to the Legislature on the feasibility of establishing the fast track to college program.

(Act 2009-564, p. 1648, §3.)

§ 16-1-42.1 High School Credits for Approved Dual Enrollment Courses Offered by Local Community Colleges and Universities

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

(1) LOCAL COMMUNITY COLLEGE. A two-year community or technical college under the purview of the Alabama Community College System whose service area includes the area where the local high school or local education agency is located, as determined by the Alabama Community College System.

(2) LOCAL EDUCATION AGENCY. A county or city school system operating public K-12 schools.

(3) UNIVERSITY. A four-year public institution of higher education.

(b)(1) A local education agency, upon the request of a parent or legal guardian, shall permit an enrolled high school student to enroll in any dual enrollment course that is offered by a local community college or university and approved for dual credit by the State Department of Education.

(2) The granting of permission does not obligate a local education agency to incorporate any dual enrollment course into its standard curriculum. The local education agency shall recognize and award high school credit to a student who passes approved dual enrollment courses.

(c) To be eligible for enrollment in a dual enrollment course, a student shall meet with a counselor, career coach, or other appropriate employee designated by the local education agency. The counselor, career coach, or employee shall evaluate the dual enrollment courses selected by the student and shall determine the appropriateness of those courses based on the preferred college and career interests of the student. The student shall also consult with dual enrollment personnel employed by the applicable local community college or university regarding his or her course selections to ensure the relevancy of those courses.

(d) Both the local education agency and the local community college or university shall agree, in writing, on the course selections of a student. Upon agreement and at the request of the local education agency, the local community college or university shall register the student for the selected and approved dual enrollment courses.

(e) A local education agency is not financially responsible for any costs associated with the participation of a student in dual enrollment courses unless otherwise required by state or local law, policy, or agreement between the local education agency and the local community college or university.

(f) The State Department of Education, with input from and in collaboration with the Alabama Community College System and universities, shall prepare and distribute to local education agencies guidelines for the implementation of this section.

(Act 2025-66, §2.)

§ 16-1-43 Waiver of Undergraduate Tuition and Fees for Purple Heart Recipients

(a) For purposes of this section, a public institution of higher education includes public two-year and four-year institutions of higher education and postsecondary technical colleges, community colleges, and junior colleges located in the state.

(b) A public institution of higher education may waive undergraduate tuition and fees for each veteran who is the recipient of the Purple Heart and who satisfies all of the following:

(1) Is enrolled as a full-time, part-time, or summer school student in an undergraduate program that culminates in a degree or certificate.

(2) Is currently, and was at the time of the military action that resulted in the awarding of the Purple Heart, a resident of this state.

(3) Submits to the public institution of higher education the DD-214 form issued at the time of separation from service as documentation that he or she has received the Purple Heart.

(c) The waiver provided to the recipient of a Purple Heart may be applicable for up to 125 percent of the number of required credit hours of the degree or certificate program for which the veteran is enrolled. Nothing in this section shall be construed to lower, or make an exception to, the admission and retention standards or requirements of a public institution of higher education affected by this section. Any veteran, in order to obtain and retain the educational benefits of this section, shall satisfy all scholastic and other requirements for entrance into and continuing enrollment in the applicable public institution of higher education.

(d) The benefits provided by this section shall be in addition to all other benefits provided by law and shall only be available to an eligible veteran after he or she has utilized all other educational benefits, excluding any benefit that is partially funded by the veteran, such as those benefits provided in the federal Montgomery GI Bill, also known as Chapter 30.

(Act 2009-590, p. 1745, §1.)

§ 16-1-44 School Emergency Operations Plans

(a)(1) Each local board of education shall develop and adopt a comprehensive school emergency operations plan for each school under the authority of the board.

(2) The local board or its agent shall examine the conditions and operations of each school under the authority of the local board to determine hazards to student and staff safety and shall propose changes, if needed to promote the prevention of dangerous problems and circumstances.

(3) In developing the plan for each school, the local board or its agent shall involve community law enforcement and safety officials, including community fire and emergency management assigned to the school.

(b)(1) The board shall incorporate into each comprehensive school emergency operations plan the following:

a. Protocols for addressing each type of serious threats to the safety of school property, students, employees, or administrators which shall include, but not be limited to: Security-related threats addressed within a school lockdown plan, fire-related threats addressed within a fire safety plan, and severe weather-related threats addressed within a severe weather safety plan.

b. A protocol for responding to emergency events that compromise the safety of school property, students, and employees.

(2) Each protocol shall include procedures for notification and responding to threats and emergency events, respectively, including such action as notification of appropriate law enforcement and emergency response personnel for assistance, and informing parents of affected students.

(3) Each comprehensive school emergency operations plan shall include and use the following four alert levels, along with set plans of notification, action, and procedures for school personnel to follow in each circumstance:

1. Heightened Awareness. This means a potential may exist for an unusual situation and all parties should have heightened awareness to react as needed.

2. Secure Your Area of Responsibility. This means a specific incident has occurred, such as a medical emergency or a threat to one’s self, and school personnel shall secure their area of responsibility in order to decrease risk of further incidents.

3. Secure Perimeter. A potential threat or danger does exist or has occurred within the community or neighborhood, and all parties should be aware to react as needed.

4. Lockdown. Recognition of potential immediate danger. Take immediate action using the safest and best option for survival.

(c)(1) The board shall update the emergency operations plan whenever a major modification to the building requires changes in the procedures outlined in the plan and at other necessary times. The school emergency operations safety plan shall be reviewed and revised annually, as needed, by the local board of education in consultation with the principal, administrative staff, faculty, and employees of the school.

(2) Upon request of law enforcement or safety officials, or both, the local board shall provide a copy of the current school emergency operations plan, which shall be kept in a secure place and not considered public record.

(d) The local board shall grant access to each school under its control to law enforcement and fire department personnel to enable them to prepare for responding to threats and emergency events affecting the school.

(e) The principal or his or her designee shall instruct and train students concerning procedures to be used for emergency drills and evacuations. The principal or his or her designee shall ensure that all safety and security drills and procedures are conducted and performed no less than what is required by state or federal law, or both. The doors and exits of each school may be locked from the outside but shall allow for immediate egress by those inside the building during school hours and at all school functions. An emergency drill shall include, but not be limited to, safety, security, severe weather, fire, and school lockdown drills.

(f) In conjunction with drills or evacuations required by subsection (e), a principal or his or her designee shall instruct students in safety precautions to be taken in case of a severe weather watch, alert, or warning. A principal or his or her designee shall designate, in accordance with standards prescribed by the local superintendent of education in conjunction with local public safety officials and the fire marshal, or appropriate local fire safety official in counties that do not have a fire marshal, appropriate locations to be used to shelter students in case of a severe weather watch, alert, or warning.

(g) In the event of an immediate threat to a school involving acts of violence, such as terrorism, a person possessing a firearm or a deadly weapon, or any other threat of violence, any person who perceives the threat, or his or her designee, may institute a lockdown alert level for the school. In addition to the requirements of subsection (e), the principal or his or her designee shall conduct a school lockdown drill during the first six weeks of the fall and spring semesters of each school year to provide students with instruction in the procedures to follow in the case of a school lockdown. The principal or his or her designee shall hold an annual training session for employees of the school regarding the school lockdown plan, drills, and procedures to be conducted during a school year. The annual training session shall include mental health awareness.

(h) Appropriate disciplinary action shall be taken against any principal or his or her designee who knowingly neglects or refuses to comply with the requirements of this section.

(i) This section shall be read in pari materia with other laws relating to school safety and emergency planning.

(Act 2009-655, p. 2015, §§1, 2; Act 2013-329, p. 1152, §1; Act 2019-533, §1; Act 2021-424, §1.)

§ 16-1-44.1 School Security Personnel and School Resource Officers

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

(1) RETIRED LAW ENFORCEMENT OFFICER. A person who was a law enforcement officer and retired in good standing from a federal, state, or local law enforcement agency with at least 20 years of law enforcement experience.

(2) SCHOOL RESOURCE OFFICER. A person who is certified by the Alabama Peace Officers’ Standards and Training Commission as a law enforcement officer, whose certification is in good standing, and who has the power of arrest.

(b) A local board of education may employ persons as school security personnel or contract with a local chief of police or sheriff to employ school resource officers. A local board of education may allow any person employed by the board as school security personnel or as a school resource officer to carry a firearm while on duty if the employee satisfies all of the following qualifications:

(1) He or she is certified by the Alabama Peace Officers’ Standards and Training Commission as a law enforcement officer whose certification is in good standing or he or she is a retired law enforcement officer.

(2) He or she has successfully completed active shooter training approved by the Alabama State Law Enforcement Agency.

(3) He or she annually completes and passes the firearm requalification required of law enforcement officers by the Alabama Peace Officers’ Standards and Training Commission.

(4) While on duty, he or she carries a non-lethal weapon and is trained in the appropriate use of that non-lethal weapon.

(c) Nothing in this section confers upon any individual the power of arrest.

(d) The State Department of Education shall adopt any necessary rules to provide for the implementation of this section including, but not limited to, rules providing additional qualifications for employment as school security personnel or school resource officers.

(Act 2013-288, p. 995, §1; Act 2019-532, §1.)

§ 16-1-44.2 Electronic Notification System

(a) The Department of Education shall implement an electronic notification system designed to allow local schools and local school systems to input specific information relating to school delays, early releases, shelter-in-place information, as well as other emergency-related information to be compiled in one central electronic repository that is accessible by the department and the Governor.

(b) The department shall implement the electronic notification system under subsection (a) by October 1, 2017.

(c) It is the intent of the Legislature that all local schools and local school systems use the electronic notification system implemented by the department as a means of relaying information as set forth in subsection (a).

(Act 2017-401, §1.)

§ 16-1-44.3 Public Entities Authorized to Contract with Nonpublic K-12 Schools to Provide School Resource Officers

(a) For the purposes of this section, the term “nonpublic school” means a private, church, parochial, or religious school offering educational instruction in grades K-12. The term includes home-schooling entities.

(b)(1) A sheriff and county commission or a local chief of police and city council may contract with a nonpublic school to provide school resource officers, as defined in Section 16-1-44.1, Code of Alabama 1975.

(2) No party may approve a contract pursuant to this subsection unless the services of a school resource officer are available to every public school system in the county or municipality where the contracted service would be provided.

(3) A contract to provide school resource officers under this subsection shall only be valid as long as the services of school resource officers are available as required in subdivision (2).

(c) Any contract created pursuant to subsection (b) shall provide that the nonpublic school must fully reimburse the county commission or city council for the full salary, benefits, and all other costs associated with each school resource officer made available through the contract.

(d)(1) A nonpublic school shall provide proof of occurrence-based liability insurance, which shall be primary coverage, in an amount no less than, and with coverage consistent with, the liability insurance carried by the county commission or city council.

(2) The insurance policy shall name the county commission, the sheriff, and his or her deputies or the municipality, the chief of police, and his or her officers as additional insureds.

(3) If the nonpublic school fails to have the insurance coverage required by this subsection in full force during the entire term of the contract, the nonpublic school shall assume liability for all acts taken by a school resource officer within the line and scope of the private employment.

(e) Nothing in this section shall have the effect of waiving any immunity or statutory cap on damages to which a county commission, city council, sheriff, chief of police, or deputy or officer are entitled.

(f) Notwithstanding any provision of this section to the contrary, an off-duty law enforcement officer, in his or her personal capacity, may contract with or be employed by a nonpublic school.

(g) Notwithstanding any provision of this section to the contrary, a sheriff or chief of police may provide security, traffic control, and other similar services on the campus or other property of a nonpublic school.

(Act 2025-46, §1.)

§ 16-1-45 Automated External Defibrillator Requirements

(a) For purposes of this section, the term automated external defibrillator is given the same definition as provided in subsection (c) of Section 6-5-332.3.

(b) An automated external defibrillator shall be placed in each public K-12 school in Alabama. The superintendent of each local board of education shall designate at least one employee at each school to be trained in the use of an automated external defibrillator.

(c) The State Department of Education shall implement and administer this section and shall adopt such rules as are necessary.

(Act 2009-754, p. 2278, §1.)

§ 16-1-46 Farm-to-School Procurement Processes and Procedures

(a) This section shall be known and may be cited as the Farm-To-School Procurement Act.

(b) For the purposes of this section, unprocessed agricultural products means only those agricultural products that retain their inherent character. The effects of any of the following handling and preservation techniques shall not be considered as changing an agricultural product into a product of a different inherent character: Cooling, refrigerating, freezing; size adjustment through size reduction made by peeling, slicing, dicing, cutting, chopping, shucking, and grinding; drying or dehydration, or both; washing; the application of high water pressure or cold pasteurization; packaging, such as placing eggs in cartons, and vacuum packing and bagging, such as placing vegetables in bags; butchering livestock, fish, and poultry; and the pasteurization of milk.

(c)(1) The Alabama Department of Agriculture and Industries and the State Department of Education shall collaborate and cooperate by means of a memorandum of understanding executed between the departments in order to implement this section.

(2) As part of the collaboration, the State Department of Education shall do all of the following:

a. Investigate the potential of various procurement procedures and tools for school food authorities to purchase local farm products and abide by federal regulations including, but not limited to, the small purchase threshold.

b. Educate food service directors on the small purchase threshold and tools to promote their use for farm-to-school initiatives.

c. Implement food preparation training for food service staff to accommodate sourcing fresh and local foods.

d. Encourage school food service directors to include local farmers, processors, and suppliers when procuring farm products that fall under the small purchase threshold.

e. Encourage all new school construction projects to consider kitchen facilities capable of producing fresh and healthy school meals and opportunities for hands-on learning.

(3) As part of the collaboration, the Alabama Department of Agriculture and Industries shall do all of the following:

a. House a farm-to-school point person to coordinate efforts between the Alabama Department of Agriculture and Industries, the State Department of Education, and the Alabama Department of Public Health, who shall be responsible for identifying local farmers, processors, and suppliers and shall work with the State Department of Education to make that information available to school food service directors and for creating and disseminating information on the school food procurement process to help farmers, processors, and suppliers learn more about the process.

b. Identify, target, and promote job creation around farm-to-school initiatives.

c. In cooperation with commodity groups and growers’ associations, utilize existing web-based market development tools or adopt a voluntary web-based directory of farmers searchable by location. The directory shall be routinely updated and consistently maintained and usable by anyone interested in locating farmers and Alabama farm products.

d. Investigate opportunities for farmers to supply their products to commercial distributors.

(d) The State Department of Education and the Alabama Department of Agriculture and Industries may accept funds from any federal, state, or private source to implement this section. Any federal funds received for school nutrition programs may be used for purchases pursuant to subdivision (14) of Section 16-13B-2.

(e) At least 10 percent of the local farmers, processors, and suppliers utilized in providing unprocessed agricultural products pursuant to this section may be minority producers.

(Act 2012-437, p. 1234, §1; Act 2017-421, §1.)

§ 16-1-47 Information on Meningococcal Meningitis Disease and Its Vaccine to Be Provided to Parents and Guardians of Students

(a) This section shall be known and may be cited as the Jessica Elkins Act.

(b) If a local board of education provides information on immunizations, infectious diseases, medications, or other school health issues to parents and guardians of students in grades six through 12, then all of the following information about meningococcal meningitis disease and its vaccine shall be included:

(1) A description of causes, symptoms, and means of transmission.

(2) A list of sources for additional information.

(3) Related recommendations issued by the federal Centers for Disease Control and Prevention.

(c) The State Department of Education, in cooperation with the Department of Public Health, shall develop and make available the information about meningococcal meningitis disease and its vaccine to local school systems as required under subsection (b) in an efficient manner that may include posting the information on its website.

(Act 2014-274, p. 878, §§1, 2.)

§ 16-1-48 Anaphylaxis Preparedness Program

AMENDED BY ACT 2026-561, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) The State Department of Education shall develop an anaphylaxis preparedness program to be adopted by each local board of education and implemented in each K-12 public school commencing with the 2015-2016 scholastic year. The Alabama State Board of Pharmacy shall provide guidance, direction, and advice to the State Department of Education in developing and administering the anaphylaxis preparedness program.

(b) The anaphylaxis preparedness program shall incorporate the following three levels of prevention initiated by licensed public school nurses as a part of the health services program:

(1) Level I, primary prevention: Education programs that address food allergies and anaphylaxis through both classroom and individual instruction for staff and students.

(2) Level II, secondary prevention: Identification and management of chronic illness.

(3) Level III, tertiary prevention: The development of a planned response to anaphylaxis-related emergencies in the school setting.

(c) Each local board of education may collaborate with a physician to develop and maintain a protocol for emergency response that shall include a supply of premeasured, single dose autoinjectable epinephrine on each public school campus to treat potentially life threatening allergic reactions. Single dose autoinjectable epinephrine consists of a single use device used for automatic injection of a premeasured dose of epinephrine into the human body or another epinephrine system approved by the federal Food and Drug Administration for public use. Single dose autoinjectable epinephrine may be self-administered at school by a student pursuant to Section 16-1-39 or may be administered or provided to school children by the school nurse, or unlicensed school personnel who have completed an anaphylaxis training program conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or other medication administration program approved by the State Department of Education and State Board of Nursing. Training may be conducted online or in person and, at a minimum, shall cover each of the following:

(1) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis.

(2) Standards and procedures for the storage and administration of single dose autoinjectable epinephrine.

(3) Emergency follow-up procedures.

(d) A school that possesses and makes available single dose autoinjectable epinephrine and its employees, agents, and other trained personnel, and any person who conducts the training described in subsection (c), shall be immune from suit and not liable for any civil damages resulting from any acts or omissions in the supervision or rendering of services, care, or assistance to a student under this section, nor for any civil damages resulting from any act, or failure to act, to provide or arrange for further treatment, care, or assistance. No information or protocols produced related to this section shall be construed to establish a standard of care for physicians or otherwise modify, amend, or supersede any provision of the Alabama Medical Liability Act of 1996, commencing with Section 6-5-540, or any amendment thereto, or any judicial interpretation thereof. Any provision of law to the contrary notwithstanding, a physician who is consulted or participates in regard to anaphylaxis-related emergencies, or develops, maintains, or is otherwise associated with, a protocol under this section, or takes any other action associated with, or related to, this section, is immune from all civil and criminal liability for any such acts.

(e) The requirement that a supply of premeasured, single dose autoinjectable epinephrine be secured and maintained on each public school campus shall only be enforced if funding is provided by the state.

(Act 2014-405, p. 1496, §1; Act 2019-456, §2.)

§ 16-1-49 Information on Influenza and It Vaccine to Be Provided to Parents and Guardians of Students

(a) If a local board of education provides information on immunizations, infectious diseases, medications, or other school health issues to parents and guardians of students in grades K through 12, then all of the following information about influenza disease and its vaccine shall be included:

(1) A description of causes, symptoms, and means of transmission.

(2) A list of sources for additional information.

(3) Related recommendations issued by the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention.

(b) The Department of Education, in cooperation with the Department of Public Health, shall develop and make available the information about influenza disease and its vaccine to local school systems as required under subsection (a) in an efficient manner that may include posting the information on its website.

(c) A board, board member, or an employee of a local board of education shall be immune from civil liability for acts or omissions in the implementation of this section in accordance with Section 36-1-12.

(d) Nothing in this section shall be construed to establish a standard of care for hospitals or physicians or otherwise modify, amend, or supersede any provision of the Alabama Medical Liability Act of 1987 or the Alabama Medical Liability Act of 1996, or any amendment thereto, or any judicial interpretation thereof. The information developed, or made available, under this section shall not constitute a standard for the practice of medicine.

(Act 2017-368, §1.)

§ 16-1-50 Possession and Use of Over-the-Counter Sunscreen by Students

(a) Any student in a public school under the jurisdiction of a local board of education or in a nonpublic school may possess and apply federal Food and Drug Administration regulated over-the-counter sunscreen at school and at school-based events notwithstanding any other provision of law, including any rule of the State Board of Education or the State Board of Nursing.

(b) No rule of the State Board of Education or the State Board of Nursing shall apply to the possession or use of federal Food and Drug Administration regulated over-the-counter sunscreen by students at a public or nonpublic school.

(c) Any student, parent, or guardian requesting a school board employee to apply sunscreen to a student shall present to the nurse a Parent Prescriber Authorization Form (PPA) containing a parent or guardian signature. A physician signature or physician order shall not be required.

(Act 2017-278, §1.)

§ 16-1-51 Grants to Public Schools for Advanced Educational and Specialized Programs for Gifted and Talented Children

(a) The Legislature finds and declares the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

a. General intellectual ability.

b. Specific academic aptitude.

c. Creative or productive thinking.

d. Leadership ability.

e. Visual and performing arts ability.

f. Psychomotor ability.

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

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

(6) The appropriate local board of education shall match up to five percent of any grant funds awarded by the department under this section.

§ 16-1-51.1 Comprehensive Model Policy for Supervision and Monitoring of Juvenile Sex Offender Students; Educational Placement of Juvenile Sex Offenders

(a)(1) On or before January 1, 2019, the State Board of Education shall develop a comprehensive model policy for the supervision and monitoring of juvenile sex offender students, who have a low risk of re-offense and are enrolled, attending class, and participating in school activities with the general population of students. The purpose of the model policy is to provide a safe and secure environment for all students and staff. The model policy shall be adopted by each local board of education and implemented beginning with the 2020-2021 school year. The model policy, at a minimum, shall contain all of the following components:

a. Application to all school property and school-sponsored functions including, but not limited to, classroom instructional time, assemblies, athletic events, extracurricular activities, and school bus transportation.

b. An initial meeting of all parties immediately upon the enrollment of the low risk juvenile sex offender, and frequent meetings thereafter as necessary to provide for the continual monitoring of the student and a safe school environment for all. The principal and all appropriate school personnel who have received confidential notification pursuant to subdivision (1) of subsection (b) of Section 15-20A-27, in consultation with juvenile probation professionals, shall meet with the student, and the parent or guardian of the student, to create and implement an individualized student safety plan. The principal shall determine other appropriate school personnel to be included in the meetings to assist in defining school expectations. Student safety plans shall outline the responsibilities of all parties in safely managing the behavior of the student and protecting all students. The plan shall be consistent with existing disciplinary policies and procedures, student conduct policies, and mandatory reporting policies. Student safety plans shall include, but not be limited to, all of the following:

1. An outline of conditions or limitations, or both, on the low risk juvenile sex offender concerning his or her interactions on school property and when participating in school activities.

2. An effective procedure, developed in conjunction with school staff in consultation with the parent or guardian of the student, for communicating concerns relating to the student.

3. Guidelines for expected intervention actions for high-risk behaviors and for reinforcing positive behaviors based on the needs of the student and the safety of all students and staff.

4. Procedures for the continual review of each plan by staff designated by the principal and for monitoring and changing the plan on an as-needed basis by school staff.

5. Safeguards for protecting confidential information.

c. Continuity of information and monitoring of low-risk juvenile sex offender students over time as the students change schools and as administrators and school personnel change.

d. Comprehensive training for school personnel to take appropriate action upon noticing an increase or escalation of those behaviors in a low risk juvenile sex offender student, both for the short and long-term safety of that student and all other students.

e. In addition to the mandatory reporting requirements pursuant to Section 26-14-3, school personnel shall report violations of plan expectations to the principal when they occur. Upon notification, the principal, as appropriate, shall follow the procedures and intervention actions detailed in the safety plan created pursuant to this section.

(2) When a low risk juvenile sex offender student changes schools, the principal shall notify local law enforcement and local law enforcement shall notify the principal of the new school and, where applicable, the local superintendent of education pursuant to subsection (b) of Section 15-20A-27. The principal of the prior school shall ensure that all records and safety plans pertaining to the low risk juvenile sex offender student follow the student to his or her new school. If the sex offender status or probation or parole status of the student changes, the principal shall notify the appropriate school staff as part of the safety planning of the school. The principal and school staff shall maintain confidentiality regarding these students as required by law. Any information received by a principal, school personnel, or local superintendent of education as a result of a notification is confidential and may not be further disseminated except as provided in Section 15-20A-27, and other state law and the Family Educational and Privacy Rights Act of 1994, 20 U.S.C. §1232g et seq. Any school district employee who releases information in compliance with state and federal law is immune from civil liability in accordance with Section 36-1-12.

(b)(1) The sentencing court shall have the discretion to determine whether a juvenile sex offender classified as having a moderate or high risk of reoffending should return to a public school. Upon making this determination, the court shall consult with a juvenile probation officer and the local superintendent of education to determine appropriate educational placement.

(2) Any alternative placement of a student with a disability who receives special education services shall be made in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq., and its implementing regulations, 34 C.F.R. Part 300.

(Act 2018-528, §3.)

§ 16-1-52 Participation in Athletic Events to Be Based on Biological Sex of Athletes

(a) The Legislature finds and declares the following:

(1) Physical differences between biological males and biological females have long made separate and sex-specific sports teams important so that female athletes can have equal opportunities to compete in sports.

(2) Physical advantages for biological males relevant to sports include, on average, a larger body size with more skeletal muscle mass, a lower percentage of body fat, and greater maximal delivery of anaerobic and aerobic energy than biological females.

(3) Even at young ages, biological males typically score higher than biological females on cardiovascular endurance, muscular strength, muscular endurance, and speed and agility. These differences become more pronounced during and after puberty as biological males produce higher levels of testosterone. On average, biological male athletes are bigger, faster, stronger, and more physically powerful than their biological female counterparts. This results in a significant sports performance gap between the sexes.

(4) Studies have shown that the benefits that natural testosterone provides to biological male athletes is not significantly diminished through the use of testosterone suppression. Testosterone suppression in biological males does not result in a level playing field between biological male and biological female athletes.

(5) Because of the physical differences between biological males and biological females, having separate athletic teams based on the athletes’ biological sex reduces the chance of injury to biological female athletes and promotes sex equality. It provides opportunities for biological female athletes to compete against their peers rather than against biological male athletes, and allows biological female athletes to compete on a fair playing field for scholarships and other athletic accomplishments.

(b)(1) Except as provided in subsection (c), a public K-12 school may not participate in, sponsor, or provide coaching staff for interscholastic athletic events within this state that are either scheduled by or conducted under the authority of any athletic association of the state that permits or allows participation in athletic events within the state conducted exclusively for males by any individual who is not a biological male or participation in athletic events within the state conducted exclusively for females by any individual who is not a biological female.

(2) A public K-12 school may not allow a biological female to participate on a male team if there is a female team in a sport. A public K-12 school may not allow a biological male to participate on a female team.

(c) Subsection (b) does not apply to athletic events at which both biological males and biological females are permitted or allowed to participate.

(d)(1) An intercollegiate athletic team or sport sponsored by a public two-year or four-year institution of higher education that is designated for females, women, or girls shall not be open to a biological male.

(2) An intercollegiate athletic team or sport sponsored by a public two-year or four-year institution of higher education that is designated for males, men, or boys shall not be open to a biological female.

(3) Nothing in this subsection shall be construed to restrict the eligibility of any student to participate on any intercollegiate or intramural athletic team or sport designated as coed or mixed.

(e) A governmental entity, licensing or accrediting organization, or athletic association or organization may not do either of the following:

(1) File a complaint, open an investigation, or take any other adverse action against a public K-12 school or public two-year or four-year institution of higher education for maintaining separate athletic teams or sports for students of the female sex or male sex.

(2) Retaliate or take any adverse action against a student who reports an alleged violation of this section to an employee or representative of the public K-12 school, public two-year or four-year institution of higher education, athletic association or organization, or to any state or federal agency with oversight of public K-12 schools or public two-year or four-year institutions of higher education in the state.

(f) Any student who is directly deprived of an athletic opportunity or suffers any direct harm as a result of a violation of this section shall have a private cause of action for injunctive relief, damages, attorney fees, and any other relief available under the law. All civil actions under this section shall be initiated within two years from the date the harm occurred.

(g) Except as provided in Section 36-1-12, no cause of action may be maintained against any employee, officer, agent, trustee, director, or board member of a public K-12 school, public two-year or four-year institution of higher education, athletic association, or organization whose actions were in compliance with subdivisions (d)(1) and (d)(2).

(h) It is the intent of the Legislature that constitutionally created boards of trustees comply with the requirements of this section.

(Act 2021-285, §§1, 2; Act 2023-293, §1.)

§ 16-1-52.1 Participation in Certain Interscholastic Athletic Contests by a Dependent Child of a Full-Time Active Duty Military Parent

(a) For the purposes of this section, the term “athletic association” means any athletic organization operating in this state that has authority over its member institutions’ athletic programs, that receives public funds in any form, and whose member institutions make use of public facilities.

(b)(1) No public K-12 school may deny a dependent child of a full-time active duty military parent immediate eligibility to participate in an interscholastic athletic contest on the basis of the child enrolling in a new school due to the child and his or her parent making a bona fide move pursuant to permanent change of station orders received by the parent, regardless of the date upon which the child enrolls in the new school within the school attendance zone of the bona fide move.

(2) A public K-12 school and an athletic association may require a parent to provide his or her permanent change of station orders to substantiate a bona fide move that necessitates a child’s enrollment in a new school.

(Act 2024-397, §1.)

§ 16-1-53 Broadcast of Public K-12 School Sporting Events

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

(1) BROADCAST. To transmit or exhibit video or audio in any medium or manner accessible by televisions, radios, computers, or other Internet enabled devices.

(2) COVER. To observe for reporting purposes and conduct broadcasts of the event being reported.

(3) MEDIA ORGANIZATION. A newspaper, news wire, radio station, television station, television network, website, or other organization that publishes or broadcasts, at regular intervals, print, digital, or audio media.

(b) No individual, firm, corporation, or association shall interfere with or restrict in any manner the ability of media organizations to cover or broadcast, in any form or format, regular season sporting events involving K-12 schools. Each school, grades K through 12, shall have the sole authority to determine which media organization or media organizations are permitted to cover or broadcast a regular season sporting event and to contract for the broadcast of regular season sporting events involving that school.

(Act 2021-452, §1.)

§ 16-1-54 Multiple Occupancy Restrooms or Changing Areas Designated for Student Use to Be Used by Individuals Based on Their Biological Sex

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

(1) BIOLOGICAL SEX. The physical condition of being male or female, as stated on the individual’s original birth certificate.

(2) MULTIPLE OCCUPANCY RESTROOM OR CHANGING AREA. An area in a public K-12 school building designed or designated to be used by more than one individual student at a time, where students may be in various stages of undress in the presence of other students or individuals. The term may include, but is not limited to, a school restroom, locker room, changing room, or shower room.

(b) A public K-12 school shall require every multiple occupancy restroom or changing area designated for student use to be used by individuals based on their biological sex.

(c) This section does not apply to individuals entering a multiple occupancy restroom or changing area designated for use by the opposite sex when entering in any of the following circumstances:

(1) For custodial purposes.

(2) For maintenance or inspection purposes.

(3) To render medical assistance.

(4) To accompany a student needing assistance when the assisting individual is an employee of the local board of education or the student’s parent or authorized caregiver.

(5) To receive assistance in using the area.

(6) When the restroom has been temporarily designated for use by that individual’s biological sex.

(Act 2022-290, §1.)

§ 16-1-55 Providing No Cost Feminine Hygiene Products to Students

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

(1) FEMININE HYGIENE PRODUCTS. Includes sanitary napkins and tampons.

(2) QUALIFYING SCHOOL. A public school that satisfies each of the following criteria:

a. Provides instruction in grades five through 12.

b. Receives Title I funds.

(b)(1) There is established a grant program to award funds to local boards of education to provide feminine hygiene products to students enrolled in qualifying schools at no cost to those students. The program shall be administered by the State Department of Education, and the department shall develop procedures for the administration of the program.

(2)a. The State Superintendent of Education, annually on or before September 1, shall certify the total funds available to be awarded under the program each school year and shall allocate grant awards to the applicable local board of education for each qualifying school on a pro rata basis based on the total number of female students enrolled in grades 5 through 12 at those schools.

b. The department shall annually reimburse each local board of education the actual cost of feminine hygiene products and dispensers purchased by the local board for distribution at each qualifying school, not to exceed the annual grant allocation for that school.

(3) The State Superintendent of Education shall annually notify the local superintendent of education for each qualifying school of the amount of grant funds allocated to each local board of education for the qualifying school, and the local superintendent shall also provide notice to the department regarding the intention of each school to participate in the program.

(4) Any qualifying school that accepts a grant award under this section shall provide feminine hygiene products to female students in grades 5 through 12 through a female school counselor, female nurse, or female teacher selected by the principal at no cost to students.

(5) Grants shall be awarded annually beginning with the 2022-2023 school year, and each school year thereafter.

(6) The grants provided by this section shall be contingent on the availability of funds. The Legislature may appropriate funds to the department for this program, and the department may accept funds from nongovernmental entities to be used for this program. Funds not expended in any fiscal year shall not revert but shall remain with the department for use in implementing this program.

(Act 2022-380, §1.)

§ 16-1-56 Forms of Payment for Admission to Certain School-Sponsored Events

(a) A public K-12 school or a local board of education shall accept cash as a form of payment along with any other form of payment of its choosing for admission to school-sponsored sporting events that are open to the public.

(b) All events that are open to the public, feature at least one team from any public K-12 school, and are held at a public school or on university property shall accept cash as a form of payment along with any other form of payment of the event organizer’s choosing for admission to the event.

(Act 2023-355, §1.)

§ 16-1-57 Posting of Classroom Curricula on School Website; Examination of Instructional Materials; Complaints

(a) At the beginning of each school year, and no later than 30 calendar days after a new or revised curriculum is adopted, the local superintendent of education and local board of education shall verify that each school under the jurisdiction of the board has posted current adopted curricula for each class on the website of the school. Access to the online curricula shall be made available to students, parents, or guardians of enrolled students through the school website. If a school has no accessible website, the curricula shall be posted on the website of the local board of education or the State Department of Education.

(b) Each classroom teacher shall comply with the request of any parent or guardian by providing a detailed summary, by email, telephone, or other electronic means, of instructional materials adopted by the local board of education, supplementary instructional materials in the classroom that were not adopted by the local board of education, and books in the classroom that are available for students to read, subject to all of the following:

(1) Only the parent or guardian of a child enrolled in the class may make a request pursuant to this subsection.

(2) If a parent or guardian would like further information regarding how the instructional materials relate to the content standards adopted by the State Board of Education or to physically examine any instructional materials used in the classroom, the parent or guardian may request that the local board of educational allow that examination at the next work session of the board. The board shall notify the parent or guardian and the teacher of the issues involved and the date and time of the next work session.

(c) For any class in which reading books is required, the classroom teacher shall include the titles of the books on a class syllabus. Upon the request of the parent or guardian of a child enrolled in the class, the classroom teacher shall make the syllabus available to the parent or guardian.

(d) If a classroom teacher fails to comply with this section, the parent or guardian may file a complaint with the local superintendent of education on a form developed and provided by the local superintendent of education. If the complaint is not resolved by the local superintendent of education within 10 school days, the parent or guardian may file a complaint with the State Superintendent of Education, or his or her designee. The State Superintendent of Education shall make a form available for parents or guardians to file a complaint pursuant to this subsection.

(e)(1) On or before September 1 annually, each local superintendent of education shall report the number of complaints filed with him or her during the previous school year to the State Superintendent of Education. On or before October 1 annually, the State Superintendent of Education shall report the total number of complaints filed during the previous school year, statewide and by county, to the Chairs of the Senate Education Policy Committee and the House of Representatives Education Policy Committee.

(2) Any complaint filed by a parent or guardian pursuant to this section is an educational record of the student on whose behalf the complaint was filed and shall not be released or viewed, except as provided in this section and where the release or viewing is otherwise consistent with the federal Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. § 1232g, and state law.

(Act 2024-35, §1.)

§ 16-1-58

(a) No person shall knowingly sell, give, or receive any list of names and addresses contained in or derived from public records requested from a local board of education for the purpose of selling or offering for sale any property or service to those individuals or entities listed therein.

(b) Any person subject to this section who knowingly violates subsection (a) shall be liable for the payment of a civil penalty in an action brought by the Attorney General not to exceed five hundred dollars ($500) for each violation.

(c) If a request is made for public records that contain the names or addresses of individuals or entities which the public officer having custody of the records has reasonable cause to believe may be used in violation of subsection (a), prior to responding to the request, the public officer may require the person requesting the records or information therein to provide, in addition to the certification described in Section 36-12-45(b)(3), a written certification that the requester does not intend to, and will not:

(1) Use any list of names or addresses contained in or derived from the records or information for the purpose of selling or offering for sale any property or service to any individual or entity listed or to any individual who resides at any address listed; or

(2) Sell, give, or otherwise make available to any person any list of names or addresses contained in or derived from the records or information for the purpose of allowing that person to sell or offer for sale any property or service to any individual or entity listed or to any individual who resides at any address listed.

(d) This section shall not impose any liability on a public officer having custody of a record for granting access to or providing copies of public records or information containing names and addresses, in good faith compliance with subsection (c), to a person who has made a written request for access to such information and has executed a written certification pursuant to subsection (c).

(e) The State Board of Education, by rule, may provide guidance and a model certification form for custodians of public records to implement this section.

(Act 2026-592, §2.)

Chapter 1A Maryann Leonard Educators’ On-the-Job Injury Act

§ 16-1A-1 Short Title

This chapter shall be known and cited as the Maryann Leonard Educators’ On-The-Job Injury Act.

(Act 2025-223, §2.)

§ 16-1A-2 Definitions

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

(1) BOARD. The Public Education Employee Injury Compensation Board.

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

(3) EMPLOYER. All public city and county boards of education; all public charter schools; the Board of Trustees of the Alabama Community College System; the Board of Trustees of the Alabama Institute for the Deaf and Blind; the Board of Directors of the Alabama School of Fine Arts; the Board of Trustees of the Alabama High School of Mathematics and Science; the Board of Trustees of the Alabama School of Cyber Technology and Engineering; and the Board of Trustees of the Alabama School of Healthcare Sciences.

(4) EXECUTIVE OFFICER. The superintendent of any public county school system or any public city school system; the principal of any public charter school; the President of the Alabama Institute for the Deaf and Blind; the president of any two-year school or college under the auspices of the Board of Trustees of the Alabama Community College System; the Executive Director of the Alabama School of Fine Arts; the Executive Director of the Alabama High School of Mathematics and Science; the President of the Alabama School of Cyber Technology and Engineering; the President of the Alabama School of Healthcare Sciences; and the chief executive officer of any other employer.

(5) FUND. The Public Education Employee Injury Compensation Trust Fund.

(6) ON-THE-JOB INJURY. Any accident or injury to an employee arising out of and in the course of employment or occurring during the performance of duties. The term does not include a mental disorder or mental injury that has neither been produced nor proximately caused by some physical injury to the body.

(7) PEEHIP. The Public Education Employees’ Health Insurance Plan.

(8) PROGRAM. The Public Education Employee Injury Compensation Program.

(9) REVIEW BOARD. The Public Education Employee Injury Compensation Program Review Board, a panel composed of three persons designated by the board to hear and consider claims by employees who disagree with the determination by their employer or its agent or service company as to the employee’s entitlement to compensation and medical benefits under this program and to approve settlements, including lump sum settlements, as well as settlements closing some or all benefits, when agreed to by the parties and permitted by the program. No member or employee of the board may be a member of the review board.

(10) TPA. Third-party administrator or adjuster.

(Act 2025-223, §2.)

§ 16-1A-3 Policies, Procedures, and Rights Pertaining to Employees Injured on the Job; Public Education Employee Injury Compensation Trust Fund

(a) The following policies, procedures, and rights are established pertaining to employees who are injured while on the job:

(1) The employee shall provide written notice of the injury to an immediate supervisor or the executive officer within five working days after the injury occurred, or where the employee has died or is not clinically able to make notification, another individual who is reasonably knowledgeable may make the notification of the injury within 90 days of the date of the injury. The board may adopt rules to further provide for the notice requirements under this subdivision.

(2) The board shall adopt uniform injury reporting forms. The employer shall distribute the forms to the institutions under his or her supervision. The employer shall prepare the first report of injury form and the employee shall sign the completed injury report form. The employer shall then forward the employee-signed form to the Public Education Employee Injury Compensation Board.

(3) Other notification procedures may be established by written policy of the employer but shall not supersede notification procedures established by the board or this chapter.

(b) There is established a separate special trust fund in the State Treasury to be known as the Public Education Employee Injury Compensation Trust Fund. All receipts collected pursuant to this chapter shall be deposited in this fund and used to carry out this chapter. Monies in the fund unspent or unencumbered at the end of each fiscal year shall not revert to any other fund in the State Treasury but shall be carried forward to the succeeding fiscal year. All monies in the fund may be invested and reinvested by the board. Any monetary interest that accrues in the fund shall be retained in the fund from year to year.

(c)(1) The program shall be governed by this chapter.

(2) Payments shall be made by PEEHIP pursuant to this chapter to physicians licensed to practice medicine or other medical providers for services to injured employees and shall be in accordance with the schedule of maximum fees as established by PEEHIP. The board, in its sole discretion, may designate and authorize a licensed physician to perform an Independent Medical Examination, or IME, of the employee to assess an injured employee’s physical or mental condition; provided, that any physician designated by the board to perform an IME shall be paid for by the board and not by PEEHIP.

(3) An employee must use an authorized treating physician covered by PEEHIP. For employees who do not participate in PEEHIP, the board shall adopt rules for selecting authorized treating physicians or other medical providers and shall adopt rules for employees who dispute treatment by an authorized treating physician. The board shall reimburse such injured employees for copayments and deductibles not paid for by PEEHIP; provided, that the board shall not be required to pay such copayments or deductibles for any medical treatment or attention, physical rehabilitation, medicine, medical or surgical supplies, crutches, artificial members, or other apparatus, other than as may be reasonably necessary and otherwise owed under the Alabama Workers’ Compensation Act. The board shall have the absolute discretion to select an authorized treating physician and shall not be responsible to reimburse any physician not so authorized. If the employee is dissatisfied with the initial treating physician selected by the board, and if further treatment is required, the employee may so advise the board and the employee shall be entitled to a second physician from a panel or a list of four physicians selected by the board. The intent of this subdivision is that the board and the employee shall act in compliance with Section 25-5-77.

(4) Any rules adopted by the board to establish and operate the program shall be subject to the Alabama Administrative Procedure Act.

(d) Nothing in this chapter shall be construed to affect any benefit to which an employee is entitled under this title.

(e) Sufficient appropriations to the fund for full coverage shall be considered a mandate for local boards of education to participate in the program pursuant to Section 25-5-50(d).

(Act 2025-223, §2.)

§ 16-1A-4 Public Education Employee Injury Compensation Board

(a) The Public Education Employee Injury Compensation Board shall be comprised of the following members:

(1) One member appointed by the Governor.

(2) One member appointed by the President Pro Tempore of the Senate.

(3) One member appointed by Speaker of the House of Representatives.

(4) One member appointed on an alternating basis by the Minority Leaders of the Senate and the House of Representatives, with the Senate Minority Leader appointing first.

(5) One member shall be the Director of the Workers’ Compensation Division of the Alabama Department of Workforce.

(b)(1) The terms of the board members shall be staggered so that the initial appointees of the Speaker of the House and the Minority Leader of the Senate shall serve two years, with their successors serving a term of three years. All other appointed members shall serve an initial term of three years, and the successor shall serve a term of three years. No appointed member may serve more than two consecutive terms.

(2) A board member shall serve until his or her successor is appointed.

(3) The appointing authorities shall coordinate their appointments to assure that the membership of the board is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. The appointing authorities shall coordinate to assure that at least one member of the board has experience and familiarity with workers’ compensation.

(c) Initial appointments to the board shall be made by the appointing authority on or before July 1, 2025.

(d) Members of the board shall receive no compensation but shall be reimbursed by the fund for travel and per diem expenses at the same rate and in the same manner as state employees.

(e) The board shall have all of the following duties:

(1) To administer the programs, including, but not limited to, establishing or contracting with a TPA to oversee benefits paid to employees and coordinate with PEEHIP. A contract for services of a TPA shall be procured pursuant to Article 5 of Chapter 4 of Title 41, without regard to exemptions. The TPA, whether contracted or otherwise established, shall have no business or administrative relationship with any education association in Alabama, directly or indirectly.

(2) To manage the fund to ensure that adequate funds are maintained to provide all injury program benefits to employees.

(3) To provide reasonable compensation for hearing officers who hear any dispute arising under this chapter.

(4) To employ professional, clerical, technical, and administrative staff as the board may determine necessary to carry out its duties and compensate staff accordingly.

(5) To secure insurance, reinsurance, or other products the board deems advisable in carrying out its duties.

(6) To retain and compensate legal counsel to represent the board, employers, the fund, the program, and TPA including, but not limited to, appearing before hearing officers or judges in contested cases.

(f) Except as otherwise required by the Health Insurance Portability and Accountability Act, 42 U.S.C. § 1320d et seq., the board shall be subject to all applicable open meetings and open records laws, shall adopt rules in accordance with the Alabama Administrative Procedure Act, and shall have a fiduciary duty to the fund and the program.

(Act 2025-223, §2.)

§ 16-1A-5 Public Education Employee Injury Compensation Program

(a) There is established the Public Education Employee Injury Compensation Program.

(b)(1) Except as provided in this section, the program implemented pursuant to this section shall not be subject to Chapter 5 of Title 25, or its successor, otherwise known as the Alabama Workers’ Compensation Act.

(2) Notwithstanding subdivision (1), if an employee is subject to this chapter, then compensation, in accordance with the Alabama Workers’ Compensation Act, shall be paid by the Public Education Employee Injury Compensation Trust Fund, as established under this chapter, in accordance with the statutes, provisions, defenses, and calculation methods set forth in the Alabama Workers’ Compensation Act and any case law interpreting the same.

(c)(1) For injured employees covered by PEEHIP, payments made to physicians licensed to practice medicine or other medical providers for services to injured employees shall be paid by PEEHIP in accordance with the PEEHIP fee schedule. The board shall reimburse such injured employees for copayments and deductibles not paid for by PEEHIP; provided, that the board shall not be required to pay such copayments or deductibles for any medical treatment or attention, physical rehabilitation, medicine, medical or surgical supplies, crutches, artificial members, or other apparatus, other than as may be reasonably necessary and otherwise owed under the Alabama Workers’ Compensation Act.

(2) For injured employees not covered by PEEHIP, the board shall provide payments for medical treatment for an on-the-job injury. The liability of the board for payment of services rendered by physicians, as well as any other medical services, shall not exceed the maximum fees established under Section 25-5-313. Employees shall not be liable to physicians, or for any other medical services, for any amount in excess of the schedule of maximum fees established under Section 25-5-313, and consistent with Section 25-5-314. This language shall not prohibit the board from negotiating any rates, fees, or levels of reimbursement, which shall be mutually agreed upon between the physicians, hospitals, any other healthcare providers, and the board.

(d)(1) All undisputed medical reimbursements or payments shall be made within 25 working days of receipt of claims in the form specified in Section 25-5-3.

(2) An amount equal to 10 percent of any unpaid balance shall be added to any undisputed medical invoice which is not paid within 25 working days.

(e) Any regulation, policy, or program directive for the conduct of utilization review, bill screenings, and medical necessity determinations related to services provided by physicians licensed to practice medicine shall comply with the rules adopted by the Workers’ Compensation Medical Services Board under Section 25-5-312.

(f) Any rules adopted by the board shall be subject to the Alabama Administrative Procedure Act, and a final determination as to benefits payable under the program shall be subject to review by the Circuit Court in Montgomery County in the manner prescribed by the Alabama Administrative Procedure Act.

(g) Employers shall continue to make all required health insurance contributions until any separation from employment.

(h) The board shall establish procedures for employers to be reimbursed by the fund for the costs of an employee’s compensation and benefits under this chapter; except for salary and benefits provided by employers under Section 16-1-18.1.

(i) PEEHIP and the Public Education Employee Injury Compensation Trust Fund established under Section 16-1A-3, as to their respective payments, may subrogate, seek reimbursement, or seek credit for any amount paid to an injured employee under the program from any third party, or the employee’s insurer, responsible for the injury. Any action to recover shall be filed in the Circuit Court of Montgomery County.

(j) Any on-the-job injuries suffered by individuals not covered by this chapter, such as part-time, substitute, temporary, non-full-time employees and volunteers, shall be conducted in accordance with the Board of Adjustment process outlined in Article 4 of Chapter 9 of Title 41.

(Act 2025-223, §2.)

§ 16-1A-6 Notice of Injury; Injury Report; Decision of Review Board or Hearing Officer; Appeals

(a) An employer shall complete an injury report upon timely notice of an injury in accordance with this chapter. An employer who refuses to complete and submit an injury report form after timely notice of an injury by an employee pursuant to this chapter shall provide notice in writing of its findings of fact that support its decision. An employee may challenge the employer’s decision pursuant to the dispute resolution provisions of this section.

(b)(1) The employer’s executive officer or the board shall refer any dispute that arises under this chapter between an employee and employer or between an employee and a TPA contracted with or established under this chapter to the review board.

(2) Notwithstanding subdivision (1), if an employee, employer, or TPA requests a hearing officer, the dispute shall be referred to and adjudicated by a hearing officer appointed from the panel of neutrals maintained by the Executive Director of the Alabama State Bar Association pursuant to subdivision (3). The hearing officer shall be selected using the process provided in subdivision (3).

(3) The Alabama State Bar shall create and maintain a roster of attorneys with significant experience in workers’ compensation disputes. Upon a request pursuant to subdivision (2), the Executive Director of the Alabama State Bar, on a random and rotating basis, shall select a panel of five from the roster and send the names to the parties. The parties may select a hearing officer from the panel. If the parties cannot agree, the parties shall select the hearing officer by a process of alternating strikes in which the employee shall be provided the first strike and the employer the last strike. No deference is to be provided to either party and the Alabama Rules of Evidence shall apply in hearings before the hearing officer.

(4) The decision of the hearing officer may be appealed to the Circuit Court of Montgomery County. The court shall review any decision pursuant to Section 41-22-20. Review by the court shall be limited to the record on appeal and shall not include a trial de novo. In reviewing pure findings of fact, the finding of the hearing officer shall not be reversed if that finding is supported by substantial evidence. The cost of transcript preparation shall initially be paid by the appealing party; such cost shall thereafter be taxed against the losing party in the circuit court.

(5) The statute of limitations for a dispute under this subsection is two years from the date of the injury, the date of last diagnosis for occupational disease, or the date of the last temporary total disability payment.

(c) The decision of the review board or hearing officer shall be based on a preponderance of the evidence as contained in the record of the hearing except in cases involving injuries which have resulted from gradual deterioration or cumulative physical stress disorders, which shall be deemed compensable only upon a finding of clear and convincing proof that the injuries arose out of and in the course of the employee’s employment. For the purposes of this subsection, “clear and convincing” means evidence that, when weighed against evidence in opposition, will produce in the mind of the trier of fact a firm conviction as to each essential element of the claim and a high probability as to the correctness of the conclusion. Proof by clear and convincing evidence requires a level of proof greater than a preponderance of the evidence or the substantial weight of the evidence, but less than beyond a reasonable doubt.

(d) The Alabama Rules of Civil Procedure shall govern the methods of discovery before a hearing officer, except that the following limitations to pre-hearing discovery shall apply:

(1) Two depositions for each side shall be permitted without leave of the hearing officer. No additional depositions shall be permitted except with leave of court for good cause shown, including, but not limited to, a claim by the employee for permanent total disability.

(2) Notwithstanding subdivision (1), each party may take the deposition of every other party.

(3) No more than 25 interrogatories, with each subpart to be considered a question, shall be permitted without leave of the hearing officer for good cause shown.

(4) Copies of records obtained by one party shall be furnished to the other party by digital or electronic means not less than 21 days prior to the hearing, unless the party offering the records can establish unusual circumstances justifying admission of the records.

(5) The party not offering the records of treatment by a physician or other medical provider shall have the right to depose the physician or medical provider whose records of treatment are to be offered by any other party.

(e) The review board or hearing officer may award a legal fee of up to 15 percent of the compensation awarded in a contested case. This amount is discretionary and will only be awarded if requested by legal counsel for the employee and agreed to by the employee. The award shall be deducted from compensation otherwise payable to the employee pursuant to rules adopted by the board.

(Act 2025-223, §2.)

§ 16-1A-7 Costs and Implementation of Program; Construction and Application of Chapter

(a) The costs of the program, including administration costs, shall be paid from the fund. The total amount to be expended pursuant to the program shall not exceed the amount provided for in annual appropriations.

(b) The program shall begin accepting on-the-job injury claims on an implementation date declared and published by the board in consultation with the Board of Adjustment but not later than October 1, 2026.

(c) The program created by this chapter shall be the sole remedy for employees who incur an on-the-job injury on or after the implementation date established in subsection (b). The Board of Adjustment shall have sole jurisdiction over on-the-job injury claims for injuries occurring before the implementation date in subsection (b).

(d) Nothing in this chapter shall be construed as a waiver by the state of its sovereign immunity under the Constitution of Alabama of 2022.

(Act 2025-223, §2.)

Chapter 1B School Safety

Article 1 The Freeing Our Classrooms of Unnecessary Screens for Safety (Focus) Act

§ 16-1B-1 Legislative Findings

The Legislature finds and declares the following:

(1) Each student in an Alabama public K-12 school should be college-ready or career-ready upon high school graduation.

(2) Many high school teachers believe that cell phones and other electronic communication devices are distracting students in the classroom.

(3) Studies have shown that cell phones and other electronic communication devices are negatively impacting learning outcomes.

(4) Studies have shown that increased social media usage may negatively affect the mental health of school-aged children.

(Act 2025-386, §1.)

§ 16-1B-2 Definitions

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

(1) INSTRUCTIONAL DAY. The period of time during which a public elementary or secondary school is open and in session for purpose of meeting the minimum number of instructional days or hours pursuant to Section 16-13-231. The term also includes class transitions, lunch, non-instructional times, and any other time specified in a wireless communication device policy.

(2) WIRELESS COMMUNICATION DEVICE. A cellular telephone, tablet computer, laptop computer, pager, gaming device, or any other portable electronic device identified in a wireless communication device policy which has the capability of exchanging voice, messaging, or other data communication with another electronic device.

(3) WIRELESS COMMUNICATION DEVICE POLICY. A written policy adopted by a local board of education to implement this article.

(Act 2025-386, §2.)

§ 16-1B-3 Limitations on Student Possession and Use of Wireless Communication Devices

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

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

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

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

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

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

(d) No later than July 1, 2025, each local board of education shall adopt a wireless communication device policy. The wireless communication device policy shall include consequences for violations. The local board of education shall reasonably distribute the wireless communication device policy to students, parents, faculty, staff, and the State Board of Education.

(Act 2025-386, §3.)

§ 16-1B-4 Internet Safety Policy

(a) No later than July 1, 2025, each local board of education shall adopt an Internet safety policy that addresses student access to the Internet on devices owned by the local board of education.

(b) The policy shall do all of the following:

(1) Limit Internet access by students to only age-appropriate subject matters and materials deemed age-appropriate pursuant to the policy.

(2) Provide specific procedures and other protections that prioritize the safety and security of students when using email, chat rooms, and other forms of direct electronic communication.

(3) Prohibit access by students to unlawfully obtained data or information, including hacking, and other unlawful online activity by students.

(4) Prohibit access to websites, web applications, or software that exposes students to the disclosure, use, or dissemination of their personal information.

(5) Prohibit students from accessing social media platforms, except when expressly directed by a teacher solely for educational purposes.

(c) The principal shall be responsible for ensuring consistent compliance with the policy by school personnel.

(Act 2025-386, §4.)

§ 16-1B-5 Annual Written Anonymous Survey of Compliance

(a) Each certificated staff member employed by the local board education shall complete an annual written anonymous survey regarding the implementation of the wireless communication device policy and to measure uniform compliance within the school.

(b) On or before October 1, 2025, the State Department of Education shall develop a survey to assess the levels of participation and compliance with the wireless communication device policy. On or before June 1 of each subsequent year, the annual survey results shall be submitted by the principal to the local superintendent of education, local board of education, and the State Board of Education for publication on the website of the State Department of Education.

(Act 2025-386, §5.)

Chapter 2 Department of Education

§ 16-2-1 Creation; Direction; Duties of Assistant State Superintendents

(a) There shall be a Department of Education, which shall be under the direction of the State Superintendent of Education with the advice and counsel of the State Board of Education.

(b) The assistant state superintendents of education, when they are provided by the State Board of Education, shall perform the duties of the state superintendent when so directed by the State Superintendent of Education and such other duties as required by the State Superintendent of Education.

(School Code 1927, §12; Code 1940, T. 52, §2.)

§ 16-2-2 Duties of Department

The duties of the Department of Education shall be, through its personnel, to assist in executing the policies and procedures authorized by law and by regulations of the State Board of Education.

(Acts 1935, No. 211, p. 598; Code 1940, T. 52, §3.)

§ 16-2-3 Organization

By action of the State Board of Education, upon recommendation of the State Superintendent of Education, the department shall be organized into such divisions and services as may be found necessary to carry on its work efficiently.

(Acts 1935, No. 211, p. 598; Code 1940, T. 52, §4.)

§ 16-2-4 Publications by Department

In order that the Department of Education may exert its largest influence, provision shall be made for three series of publications as follows:

(1) A monthly circular of information containing such outlines and descriptions of the work of the Department of Education and such general information, notices and directions as the State Superintendent of Education shall direct;

(2) A series of bulletins to be issued as frequently as need be, to contain collected information on studies made by different divisions of the Department of Education, school manuals and such other publications as may be authorized by the State Board of Education; and

(3) Annual reports as required under this title.

(School Code 1927, §24; Code 1940, T. 52, §5.)

§ 16-2-5 Expenses of Department

Any funds or appropriations which are available to the State Superintendent of Education, the State Board of Education or the Department of Education for use in operating, maintaining or providing for the expenses of the Department of Education shall be expended in accordance with an annual budget adopted by the State Board of Education upon recommendation of the State Superintendent of Education; provided, that the total amount of such budget shall not exceed the appropriations of funds available during that year. Such funds or appropriations shall be expended for the salaries and expenses of the executive, supervisory or clerical personnel and for other essential purposes, including compensation and expenses of the members of the State Board of Education in the discharge of their official duties as provided by law.

(Acts 1935, No. 211, p. 598; Code 1940, T. 52, §35.)

§ 16-2-6 Public Kindergarten Pilot Programs

[Repealed]

Repealed by Act 2000-757, §3, 2000 Regular Session, effective July 1, 2000.

(Acts 1973, No. 1075, p. 1829.)

§ 16-2-7 Appointment, Compensation, Benefits, Etc., of Assistant State Superintendents of Education and Division Directors in State Department of Education; Filling of Vacancies

(a) The positions of assistant state superintendents of education and of division directors in the State Department of Education existing on August 23, 1976, shall continue to be covered by the Alabama Merit System law in all matters except the number of positions and the method of fixing the compensation for the performance of the duties of such offices. So long as the incumbents of any such offices existing on August 23, 1976, continue to serve in such positions, they shall be entitled to retain all benefits and immunities to which they are entitled under the Merit System law and shall continue to be entitled to participate in the Teachers’ Retirement System upon the same terms and under the same conditions as previously applied to them; provided, that the State Board of Education may determine the salaries of such incumbents.

(b) Upon the vacation of any of the offices designated in subsection (a) of this section by any such incumbents, such positions shall cease to be covered by the Merit System law, and persons to fill such positions thereafter shall be appointed and compensated without regard to said Merit System law and shall serve at the pleasure of the State Board of Education; provided, however, that any such person shall be entitled to all the benefits accruing to state employees who are subject to the Merit System law, including the right to accumulate leave and to participate in the Teachers’ Retirement System upon the same terms and under the same conditions as other employees of the State Department of Education.

(c) The State Board of Education, upon the recommendation of the State Superintendent of Education, shall prescribe the amount of the annual salaries for the assistant state superintendents of education and for the directors of each of the several divisions in the State Department of Education, and the salaries so prescribed shall apply whether such employees are incumbents of such positions on August 23, 1976, or are thereafter employed in such positions. In no case may the salary of a director or assistant superintendent be as great as or greater than that of the State Superintendent of Education.

(d) Upon the occurrence of a vacancy in any of the positions designated in subsection (a) of this section or upon the establishment of new positions, the State Superintendent of Education, with the approval of the State Board of Education, shall recruit and employ a person to fill such position. The employment of such person shall not be subject to nor governed by the state Merit System law. Any person so employed shall serve at the pleasure of the State Board of Education and the State Superintendent of Education. The State Board of Education, upon the recommendation of the State Superintendent of Education, may enter into contracts of employment with any such employee, but no such contract shall provide for the employment of such person after the expiration of the term of office of the Superintendent of Education making the recommendation.

(Acts 1976, No. 386, p. 489, §§ 1-4.)

§ 16-2-8 Department Authorized to Contract for Storage and Distribution of Federal Food Programs

Notwithstanding any other provision of law, the Department of Education, acting through the Superintendent of Education, shall have the authority to enter into contracts of not greater than three years for the storage and distribution of United States Department of Agriculture commodities distributed through the Child Nutrition Food Program including regular food distribution and for storage only for the Temporary Emergency Food Assistance Program. All such contracts shall be let by free and open competitive bidding, or sealed bids, to the lowest responsible bidder.

(Acts 1986, No. 86-434, p. 800, § 1.)

§ 16-2-9 Donation of Surplus, Non-expired Food to Charitable Organizations for Redistribution to Needy Students

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

(1) CHARITABLE ORGANIZATION. Any food bank or charitable organization as defined in the federal Richard B. Russell National School Lunch Act.

(2) DEPARTMENT. The State Department of Education.

(3) FOOD. Any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.

(4) SCHOOL. A public elementary school, middle school, or high school.

(b) A local board of education may allow any school under its jurisdiction to donate surplus, non-expired food to a charitable organization through an official of the charitable organization who is directly affiliated with the school, including a teacher, counselor, support staff, or any employee of the school, or a parent of a student enrolled at the school. The donated food may be received, stored, and distributed at the school. All applicable federal and state food safety requirements shall be followed during handling, storage, and distribution of the food.

(c) Food donated to a charitable organization pursuant to this section may be distributed at the school at any time. School employees may assist in preparing and distributing the food as volunteers for the charitable organization.

(d) A local board of education may adopt a policy under which schools provide donated food pursuant to this section at no cost to a student who receives free or reduced cost school meals under the National School Lunch and Breakfast Programs for breakfast, lunch, or dinner meals or for a snack if the student is unable to purchase breakfast, lunch, or dinner meals or a snack. A policy adopted pursuant to this section may not require that food provided pursuant to the policy be consumed at the school or prohibit the food from being transported away from school grounds by the student.

(e)(1) Pursuant to Section 36-1-12, no school employee or school shall be subject to civil or criminal liability arising from the nature, age, packaging, or condition of food that the employee or school donates in good faith to a charitable organization for ultimate distribution to students pursuant to this section.

(2) Pursuant to Section 6-5-336, a person performing services for a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity without compensation is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of food that the person or school donates in good faith to a charitable organization for ultimate distribution to students pursuant to this section.

(3) Subdivisions (1) and (2) do not apply to an injury to or death of an ultimate user or recipient of the food that results from an act or omission of the donor constituting gross negligence or intentional misconduct.

(f) The State Board of Education shall adopt rules as necessary to implement this section.

(Act 2019-526, §1.)

Chapter 3 State Board of Education

§ 16-3-1 Composition; Election; Term of Office

The State Board of Education shall be composed of the Governor as an ex officio member and eight members elected from districts provided by general law. Members of the board shall serve for terms of four years each, and the member from each district shall be elected by the qualified electors of the district at the general election immediately preceding the expiration of the term of office of the member, as designated by the board, representing such district on the board and every four years thereafter. Each member shall hold office from the first Monday after the second Tuesday in January next after his or her election and until his or her successor is elected and qualified.

(School Code 1927, §26; Code 1940, T. 52, §6; Acts 1969, Ex. Sess., No. 16, p. 39, §1; Act 2002-73, p. 175, §1.)

§ 16-3-1.1 State Board of Education Districts; Official Maps

THIS SECTION WAS REPEALED AND REENACTED IN THE 2021 REGULAR SESSION BY ACT 2021-559 EFFECTIVE NOVEMBER 4, 2021.

(a) The state is divided into eight State Board of Education districts as follows:

District 1: Baldwin County, Butler County, Conecuh County, Covington County, Crenshaw County, Escambia County, Mobile County: Tract 902, Tract 2502, Tract 2800, Tract 3100, Tract 3202, Tract 3203, Tract 3204, Tract 3205, Tract 3301, Tract 3302, Tract 3502, Tract 3606, Tract 3607, Tract 3703, Tract 3704, Tract 3705, Tract 3706, Tract 3707, Tract 3708, Tract 3709, Tract 3710, Tract 5100, Tract 5200, Tract 5300, Tract 5400, Tract 5500, Tract 5900, Tract 6000, Tract 6104, Tract 6200, Tract 6301, Tract 6302, Tract 6402, Tract 6403, Tract 6404, Tract 6405, Tract 6406, Tract 6407, Tract 6501, Tract 6502, Tract 6600, Tract 6701, Tract 6702, Tract 6801, Tract 6802, Tract 6901, Tract 6902, Tract 7000, Tract 7101, Tract 7102, Tract 7103, Tract 7201, Tract 7202, Tract 7300, Tract 901: Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 50, Block 51, Block 52, Block 53; Tract 1800: Block Group 1, Block Group 2: Block 14; Tract 1901: Block Group 2, Block Group 1: Block 10, Block 11, Block 12, Block 13; Tract 1902: Block Group 2, Block Group 3, Block Group 1: Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 42; Tract 2000: Block Group 2: Block 17, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 70, Block 71; Tract 2501: Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 32, Block 33, Block 34; Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 29; Block Group 3: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 26, Block 27, Block 28, Block 29, Block 30, Block 33; Tract 2600: Block Group 2: Block 19; Block Group 3: Block 56, Block 57; Tract 2700: Block Group 2, Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 58, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74; Tract 3000: Block Group 1, Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 21, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105, Block 106, Block 107, Block 108, Block 109, Block 110, Block 111, Block 112, Block 113, Block 114, Block 115, Block 116; Tract 3407: Block Group 1, Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 51, Block 52, Block 53, Block 54, Block 58, Block 59, Block 60, Block 62, Block 63, Block 64, Block 65, Block 66, Block 69; Block Group 3: Block 22, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 57, Block 59, Block 60, Block 61; Tract 3501: Block Group 3, Block Group 1: Block 0, Block 5, Block 6, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 45, Block 46, Block 47; Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60; Tract 3800: Block Group 1: Block 132, Block 151, Block 152, Block 153, Block 154, Block 155, Block 156, Block 157, Block 158, Block 159, Block 160, Block 161, Block 162, Block 164, Block 205, Block 206, Block 207, Block 208, Block 209, Block 210, Block 211, Block 212, Block 213, Block 214, Block 215, Block 216, Block 220, Block 221, Block 222, Block 351; Tract 5000: Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 10, Block 11, Block 12, Block 13, Block 14, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52; Block Group 2: Block 0; Tract 5600: Block Group 2: Block 77, Block 78, Block 79, Block 81, Block 82, Block 83, Block 84, Block 85, Block 88, Block 89; Block Group 3: Block 2, Block 3, Block 4, Block 5, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 44, Block 45, Block 55, Block 56, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105, Block 106, Block 107, Block 111, Block 117, Block 118, Block 119, Block 126, Block 127, Block 128, Block 129, Block 130, Block 131, Block 132, Block 133, Block 134, Block 135, Block 136, Block 137, Block 138, Block 139, Block 140, Block 141, Block 142, Block 144, Block 145, Block 149, Block 150, Block 151, Block 153, Block 159, Block 160, Block 161, Block 162, Block 163, Block 166, Block 167, Block 168, Block 169, Block 170, Block 171, Block 172; Tract 5700: Block Group 1: Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 56, Block 57, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105, Block 106, Block 107, Block 108, Block 109, Block 110, Block 111, Block 112, Block 113, Block 114, Block 115, Block 116, Block 117, Block 118, Block 119, Block 120, Block 121, Block 122, Block 123, Block 124, Block 125, Block 126, Block 127, Block 128, Block 129, Block 130, Block 131, Block 132, Block 133, Block 134, Block 135, Block 136, Block 137, Block 138, Block 139, Block 140, Block 141, Block 142, Block 143, Block 144, Block 145, Block 146, Block 147, Block 148; Block Group 2: Block 32, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105, Block 106, Block 107, Block 108, Block 109, Block 110, Block 111, Block 112, Block 113, Block 114, Block 115, Block 116, Block 117, Block 118, Block 119, Block 125, Block 153, Block 157, Block 158, Block 159, Block 160, Block 161, Block 163, Block 164, Block 165, Block 166, Block 167, Block 168, Block 169, Block 170, Block 171, Block 172, Block 173, Block 174, Block 175, Block 176, Block 177, Block 178, Block 179, Block 180, Block 181, Block 182, Block 183, Block 184, Block 185, Block 186, Block 187, Block 188, Block 189, Block 190, Block 191, Block 192, Block 193, Block 194, Block 195, Block 196, Block 197, Block 198, Block 199, Block 200, Block 203; Tract 5800: Block Group 1: Block 172, Block 173, Block 174, Block 175, Block 176, Block 177, Block 178, Block 179, Block 180, Block 181, Block 186, Block 187, Block 188, Block 189, Block 191, Block 192, Block 193, Block 194, Block 195, Block 196, Block 197, Block 198, Block 199, Block 200, Block 201, Block 207, Block 208, Block 210, Block 211, Block 219, Block 220, Block 225, Block 226, Block 227, Block 229, Block 230, Block 233, Block 234, Block 235, Block 236, Block 237, Block 238, Block 239, Block 270, Block 271, Block 272, Block 273, Block 274, Block 313, Block 328, Block 329, Block 330, Block 331, Block 332, Block 333, Block 334, Block 335, Block 336, Block 337, Block 338, Block 339, Block 340, Block 341, Block 342, Block 343, Block 344, Block 345, Block 346, Block 347, Block 348, Block 349, Block 350, Block 351, Block 352, Block 353, Block 354, Block 355, Block 356, Block 357, Block 358, Block 359, Block 360, Block 361, Block 365, Block 366, Block 367, Block 368, Block 369, Block 370, Block 371, Block 372, Block 373, Block 374, Block 375, Block 376, Block 377, Block 379, Block 381, Block 393, Block 394, Block 395, Block 396, Block 397, Block 398, Block 399, Block 401, Block 402, Block 418, Block 419, Block 420, Block 421, Block 422, Block 448, Block 449, Block 450, Block 451, Block 452, Block 453, Block 454, Block 455, Block 463, Block 464, Block 465, Block 466, Block 470, Block 474, Block 478; Tract 6102: Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99; Tract 6103: Block Group 1: Block 5, Block 6, Block 28; Tract 6105: Block Group 2, Block Group 3, Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 104, Block 105, Block 116, Block 118, Block 128, Block 129, Block 130; Tract 7400: Block Group 3, Block Group 4, Block Group 2: Block 2, Block 7, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25; Tract 990000: Block Group 0: Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37.

District 2: Barbour County, Chambers County, Clay County, Cleburne County, Coffee County, Dale County, Geneva County, Henry County, Houston County, Lee County, Randolph County, Russell County, Tallapoosa County, Coosa County: Tract 961000: Block Group 1, Block Group 2, Block Group 3: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 38, Block 39, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 51, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105, Block 106, Block 107, Block 108, Block 109, Block 117, Block 118, Block 123, Block 125; Block Group 4: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 47, Block 48, Block 49, Block 50, Block 51, Block 53, Block 57, Block 59, Block 60, Block 73, Block 100; Macon County: Tract 231500: Block Group 2: Block 2.

District 3: Chilton County, Shelby County, Talladega County, Autauga County: Tract 20300: Block Group 1: Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21; Tract 20400: Block Group 2, Block Group 3, Block Group 4, Block Group 1: Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14; Tract 20500: Block Group 2, Block Group 1: Block 4, Block 5, Block 6, Block 7, Block 18, Block 19, Block 20, Block 21; Block Group 3: Block 0, Block 1, Block 2, Block 3, Block 5, Block 8, Block 9, Block 10; Bibb County: Tract 10003: Block Group 3, Block Group 4, Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 36, Block 37, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60; Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 31, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 89, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105, Block 106, Block 107, Block 108, Block 109, Block 110, Block 111, Block 112, Block 113, Block 114, Block 115, Block 116, Block 117, Block 118, Block 119, Block 120, Block 121, Block 122, Block 123, Block 124, Block 125, Block 138, Block 139, Block 140, Block 142, Block 143, Block 144, Block 145, Block 146, Block 161, Block 163, Block 164, Block 166, Block 170; Coosa County: Tract 961100, Tract 961200, Tract 961000: Block Group 3: Block 35, Block 36, Block 37, Block 40, Block 50, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 110, Block 111, Block 112, Block 113, Block 114, Block 115, Block 116, Block 119, Block 120, Block 121, Block 122, Block 124; Block Group 4: Block 28, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 52, Block 54, Block 55, Block 56, Block 58, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 101, Block 102; Elmore County: Tract 30100, Tract 30200, Tract 30300, Tract 30400, Tract 30500, Tract 30600, Tract 30701, Tract 30702, Tract 30800, Tract 30901, Tract 30902, Tract 31000, Tract 31100, Tract 31200, Tract 31300: Block Group 2, Block Group 3, Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 77, Block 78, Block 106, Block 112, Block 113; Jefferson County: Tract 10703, Tract 10705, Tract 12905, Tract 12906, Tract 12907, Tract 12908, Tract 12910, Tract 12912, Tract 12913, Tract 12914, Tract 12915, Tract 14404, Tract 14405, Tract 14406, Tract 14408, Tract 14409, Tract 14410, Tract 14412, Tract 4800: Block Group 1: Block 30; Tract 10702: Block Group 3, Block Group 1: Block 27, Block 28, Block 47, Block 48, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105; Tract 10704: Block Group 1, Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61; Tract 10706: Block Group 3: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 30, Block 31, Block 34, Block 35, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61; Tract 10801: Block Group 3: Block 0, Block 1, Block 2, Block 3, Block 4, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28; Block Group 4: Block 9, Block 10; Tract 10802: Block Group 2: Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 74, Block 75, Block 76, Block 77, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 93, Block 94, Block 95, Block 96, Block 98, Block 99, Block 100, Block 101, Block 102, Block 104, Block 105, Block 106, Block 107; Tract 10804: Block Group 1: Block 0, Block 1, Block 3, Block 5, Block 6, Block 7, Block 8, Block 11, Block 27, Block 28, Block 29, Block 30, Block 32, Block 33, Block 35, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 48, Block 49, Block 50, Block 61; Tract 12802: Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 18, Block 19; Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26; Block Group 3: Block 0, Block 1, Block 10, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26; Tract 12803: Block Group 2, Block Group 3, Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 34, Block 35, Block 36, Block 37, Block 38, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46; Block Group 4: Block 17, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25; Tract 12911: Block Group 1, Block Group 2: Block 9, Block 10, Block 24, Block 27, Block 29, Block 30, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60; Block Group 3: Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83; Block Group 4: Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37; Tract 14204: Block Group 2, Block Group 6, Block Group 3: Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 40, Block 41, Block 42, Block 43, Block 46, Block 48, Block 49, Block 50, Block 51; Block Group 4: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 26, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 73; Block Group 5: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 10, Block 11, Block 13, Block 14, Block 15; Tract 14302: Block Group 1: Block 175, Block 176, Block 191, Block 192, Block 195, Block 196, Block 197, Block 207, Block 208; Tract 14413: Block Group 2, Block Group 3, Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 18, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 31, Block 33, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 45, Block 46, Block 48, Block 49, Block 50, Block 51, Block 52, Block 55, Block 56, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78; Montgomery County: Tract 1900, Tract 5406, Tract 5407, Tract 5409, Tract 5410, Tract 1700: Block Group 1, Block Group 2, Block Group 3, Block Group 4, Block Group 5: Block 0, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21; Tract 2600: Block Group 1, Block Group 2, Block Group 3, Block Group 5, Block Group 4: Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 10, Block 11, Block 15, Block 16, Block 17, Block 18, Block 19; Tract 2700: Block Group 1, Block Group 3, Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 6, Block 7, Block 8, Block 9, Block 10, Block 12; Block Group 4: Block 0, Block 1, Block 2, Block 4, Block 5, Block 6, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20; Tract 3301: Block Group 3, Block Group 2: Block 5, Block 7, Block 8, Block 10, Block 11, Block 12, Block 13, Block 14; Tract 3302: Block Group 1, Block Group 2; Tract 5101: Block Group 1: Block 26; Tract 5301: Block Group 1: Block 33, Block 34, Block 35, Block 36, Block 37, Block 38; Tract 5408: Block Group 2, Block Group 3, Block Group 4, Block Group 1: Block 0, Block 1, Block 2, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 42, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49; Tract 5503: Block Group 2: Block 7, Block 8, Block 9, Block 10, Block 11, Block 13, Block 14, Block 20, Block 21, Block 22, Block 23, Block 24, Block 28, Block 29, Block 41.

District 4: Greene County, Hale County, Pickens County, Bibb County: Tract 10001, Tract 10002, Tract 10004, Tract 10003: Block Group 1: Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 38, Block 39, Block 40, Block 41, Block 42; Block Group 2: Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 32, Block 33, Block 34, Block 35, Block 56, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 90, Block 126, Block 127, Block 128, Block 129, Block 130, Block 131, Block 132, Block 133, Block 134, Block 135, Block 136, Block 137, Block 141, Block 147, Block 148, Block 149, Block 150, Block 151, Block 152, Block 153, Block 154, Block 155, Block 156, Block 157, Block 158, Block 159, Block 160, Block 162, Block 165, Block 167, Block 168, Block 169; Jefferson County: Tract 100, Tract 300, Tract 400, Tract 500, Tract 700, Tract 800, Tract 1100, Tract 1200, Tract 1400, Tract 1500, Tract 1600, Tract 1902, Tract 2000, Tract 2100, Tract 2200, Tract 2305, Tract 2400, Tract 2700, Tract 2900, Tract 3001, Tract 3002, Tract 3100, Tract 3200, Tract 3300, Tract 3400, Tract 3500, Tract 3600, Tract 3700, Tract 3802, Tract 3803, Tract 3900, Tract 4000, Tract 4200, Tract 4500, Tract 4701, Tract 4901, Tract 4902, Tract 5000, Tract 5101, Tract 5103, Tract 5104, Tract 5200, Tract 5302, Tract 5500, Tract 5701, Tract 5702, Tract 5800, Tract 5905, Tract 5907, Tract 5908, Tract 5909, Tract 5910, Tract 10001, Tract 10002, Tract 10100, Tract 10200, Tract 10301, Tract 10302, Tract 10401, Tract 10402, Tract 10500, Tract 10602, Tract 10603, Tract 10701, Tract 10900, Tract 11803, Tract 11804, Tract 11904, Tract 12304, Tract 12305, Tract 12401, Tract 12402, Tract 12500, Tract 13002, Tract 13100, Tract 13200, Tract 13300, Tract 13400, Tract 13601, Tract 13801, Tract 13901, Tract 13902, Tract 14002, Tract 14104, Tract 14105, Tract 14203, Tract 14301, Tract 2303: Block Group 1, Block Group 2, Block Group 3: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17; Block Group 4: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 44; Tract 2306: Block Group 1, Block Group 3, Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 18, Block 19, Block 21, Block 22, Block 23, Block 24, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31; Tract 4702: Block Group 1, Block Group 3, Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56; Tract 4800: Block Group 2, Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 31; Tract 5600: Block Group 4: Block 0, Block 1, Block 2; Tract 5903: Block Group 2, Block Group 3, Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 29, Block 30, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43; Tract 10702: Block Group 2, Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56; Tract 10704: Block Group 2: Block 41; Tract 10706: Block Group 1, Block Group 2, Block Group 4, Block Group 3: Block 29, Block 32, Block 33, Block 36, Block 62; Tract 10802: Block Group 2: Block 44, Block 45, Block 92, Block 103; Tract 11104: Block Group 1: Block 26, Block 28, Block 29, Block 30; Block Group 2: Block 12, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31; Block Group 3: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5; Block Group 6: Block 25, Block 31; Tract 11209: Block Group 2, Block Group 1: Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 25, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 51, Block 54, Block 55, Block 61; Tract 11210: Block Group 1: Block 35, Block 36, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 50, Block 51, Block 52, Block 55; Tract 11703: Block Group 4: Block 56, Block 57, Block 58, Block 59, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 71; Tract 11802: Block Group 1, Block Group 2, Block Group 3, Block Group 5; Tract 11901: Block Group 3; Tract 12001: Block Group 1, Block Group 2: Block 4, Block 6, Block 11, Block 15, Block 51, Block 75, Block 80, Block 81, Block 82, Block 83, Block 86, Block 92, Block 93, Block 94, Block 95, Block 96, Block 101, Block 102, Block 103, Block 104, Block 105, Block 106, Block 107, Block 108, Block 109, Block 110, Block 111, Block 112, Block 113, Block 114, Block 115, Block 116, Block 117, Block 118, Block 119, Block 120, Block 122; Tract 12002: Block Group 3, Block Group 1: Block 7, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23; Block Group 2: Block 56, Block 93, Block 94, Block 95, Block 96; Block Group 4: Block 7, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95; Tract 12103: Block Group 1, Block Group 2: Block 12, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 34, Block 35, Block 38, Block 39, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 93, Block 94, Block 95, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105, Block 106, Block 107, Block 108, Block 109, Block 110, Block 111; Block Group 4: Block 64, Block 65, Block 66, Block 69, Block 70; Block Group 5: Block 20, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66; Tract 12104: Block Group 3, Block Group 1: Block 155, Block 156, Block 157, Block 160, Block 168, Block 169, Block 179; Block Group 2: Block 2, Block 3, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57; Tract 12302: Block Group 1: Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105, Block 106, Block 107, Block 108, Block 109, Block 110, Block 111, Block 112, Block 113, Block 114, Block 115, Block 116, Block 117, Block 118, Block 119, Block 120, Block 121, Block 122, Block 123, Block 126, Block 127, Block 128, Block 129, Block 130, Block 131, Block 132, Block 133, Block 134, Block 135, Block 136, Block 137, Block 138, Block 139, Block 140, Block 141, Block 142, Block 143, Block 144, Block 145, Block 146, Block 147, Block 148, Block 149, Block 150, Block 151, Block 152, Block 153, Block 154, Block 155, Block 156, Block 157, Block 158, Block 159, Block 160, Block 161, Block 162, Block 163, Block 164, Block 165, Block 166, Block 167, Block 168, Block 169, Block 170, Block 171, Block 172; Tract 12403: Block Group 1, Block Group 3, Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72; Block Group 4: Block 13, Block 16, Block 17, Block 25, Block 30, Block 31, Block 32, Block 33, Block 34, Block 36, Block 38, Block 41, Block 42, Block 43, Block 46, Block 48, Block 49, Block 51, Block 52; Tract 12602: Block Group 3, Block Group 1: Block 0, Block 5; Block Group 4: Block 11, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 47, Block 48, Block 50, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105, Block 106, Block 107, Block 108, Block 109, Block 110, Block 111, Block 112, Block 113, Block 114, Block 115, Block 116, Block 117, Block 118, Block 119, Block 120, Block 121, Block 122, Block 123, Block 124, Block 125, Block 126, Block 127, Block 128, Block 129, Block 130, Block 131, Block 132, Block 134, Block 135, Block 136, Block 137, Block 138, Block 139, Block 140, Block 141, Block 142; Tract 14001: Block Group 2, Block Group 4, Block Group 1: Block 0, Block 3, Block 5, Block 8, Block 9, Block 10, Block 11, Block 21, Block 22, Block 23; Block Group 3: Block 0, Block 1, Block 2, Block 15, Block 20, Block 21; Tract 14102: Block Group 2, Block Group 1: Block 0, Block 1, Block 3, Block 7, Block 9, Block 12, Block 13, Block 14, Block 15, Block 26, Block 28, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 76, Block 86, Block 101, Block 102, Block 103, Block 105, Block 106, Block 107, Block 108, Block 110, Block 111, Block 112, Block 113, Block 131, Block 132, Block 133, Block 134, Block 139, Block 144, Block 148; Tract 14204: Block Group 1, Block Group 3: Block 0, Block 1, Block 2, Block 3, Block 11, Block 12, Block 13, Block 14, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 44, Block 45, Block 47, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59; Block Group 4: Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 74; Block Group 5: Block 6, Block 7, Block 8, Block 9, Block 12, Block 16; Tract 14302: Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105, Block 106, Block 107, Block 108, Block 109, Block 110, Block 111, Block 112, Block 113, Block 114, Block 115, Block 116, Block 117, Block 118, Block 119, Block 120, Block 121, Block 122, Block 123, Block 124, Block 125, Block 126, Block 127, Block 128, Block 129, Block 130, Block 131, Block 132, Block 133, Block 134, Block 135, Block 136, Block 137, Block 138, Block 139, Block 140, Block 141, Block 142, Block 143, Block 144, Block 145, Block 146, Block 147, Block 148, Block 149, Block 150, Block 151, Block 152, Block 153, Block 154, Block 155, Block 156, Block 157, Block 158, Block 159, Block 160, Block 161, Block 162, Block 163, Block 164, Block 165, Block 166, Block 167, Block 168, Block 169, Block 170, Block 171, Block 172, Block 173, Block 174, Block 177, Block 178, Block 179, Block 180, Block 181, Block 182, Block 183, Block 184, Block 185, Block 186, Block 187, Block 188, Block 189, Block 190, Block 193, Block 194, Block 198, Block 199, Block 200, Block 201, Block 202, Block 203, Block 204, Block 205, Block 206, Block 209, Block 210, Block 211; Tract 14413: Block Group 1: Block 14, Block 15, Block 16, Block 17, Block 19, Block 20, Block 21, Block 28, Block 29, Block 30, Block 32, Block 34, Block 35, Block 43, Block 44, Block 47, Block 53, Block 54, Block 57, Block 58, Block 59, Block 60; Tuscaloosa County: Tract 10101, Tract 10204, Tract 10303, Tract 10403, Tract 10404, Tract 10405, Tract 10406, Tract 10407, Tract 10500, Tract 10601, Tract 10602, Tract 10701, Tract 10702, Tract 10703, Tract 10802, Tract 10803, Tract 10804, Tract 11200, Tract 11401, Tract 11402, Tract 11600, Tract 11701, Tract 11703, Tract 11800, Tract 11901, Tract 11902, Tract 12000, Tract 12100, Tract 12303, Tract 12304, Tract 12305, Tract 12403, Tract 12404, Tract 12405, Tract 12501, Tract 12502, Tract 12503, Tract 12600, Tract 12700, Tract 12800, Tract 10202: Block Group 2, Block Group 3; Tract 10301: Block Group 2, Block Group 3; Tract 10302: Block Group 1, Block Group 2, Block Group 3: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 29, Block 31, Block 32, Block 33, Block 34, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105, Block 106, Block 107, Block 108, Block 109, Block 110, Block 111, Block 112, Block 113, Block 114, Block 115, Block 116, Block 117, Block 118, Block 119, Block 120, Block 121, Block 122, Block 123, Block 124, Block 125, Block 126, Block 127, Block 128, Block 129, Block 130, Block 131, Block 132, Block 133, Block 134, Block 135, Block 136, Block 137, Block 138, Block 139, Block 140, Block 141, Block 142, Block 143, Block 144, Block 145, Block 146, Block 147, Block 148, Block 149, Block 150, Block 151, Block 152, Block 153, Block 154, Block 155, Block 156, Block 157, Block 158, Block 159, Block 160, Block 161, Block 162, Block 163, Block 164, Block 165, Block 166, Block 167, Block 168, Block 169, Block 170, Block 171, Block 172, Block 173, Block 174, Block 175, Block 176, Block 177, Block 178, Block 179, Block 180, Block 181, Block 182, Block 183, Block 184, Block 185, Block 186, Block 187, Block 188, Block 189, Block 190, Block 191, Block 192, Block 193, Block 194, Block 195, Block 196, Block 197, Block 198, Block 199, Block 200, Block 201, Block 202, Block 203, Block 204, Block 205, Block 206, Block 207, Block 208, Block 209, Block 210, Block 211, Block 212, Block 213, Block 214, Block 215, Block 216, Block 217, Block 218, Block 219, Block 220, Block 221, Block 222, Block 223, Block 224, Block 225, Block 226, Block 227, Block 228, Block 229, Block 230, Block 231, Block 232, Block 233, Block 234, Block 235, Block 236, Block 237, Block 238, Block 239, Block 240, Block 241, Block 242, Block 243, Block 244, Block 245, Block 246, Block 247, Block 248, Block 249, Block 250, Block 251, Block 252, Block 253, Block 254, Block 255, Block 256, Block 257, Block 258, Block 259, Block 260, Block 261, Block 262, Block 263, Block 264, Block 265, Block 267, Block 268, Block 269, Block 271, Block 272, Block 273, Block 274, Block 275, Block 276, Block 277, Block 278, Block 279, Block 280, Block 281, Block 282, Block 283, Block 284, Block 285, Block 286, Block 287, Block 288, Block 290, Block 291, Block 292.

District 5: Bullock County, Choctaw County, Clarke County, Dallas County, Lowndes County, Marengo County, Monroe County, Perry County, Pike County, Sumter County, Washington County, Wilcox County, Autauga County: Tract 20100, Tract 20200, Tract 20600, Tract 20700, Tract 20801, Tract 20802, Tract 20900, Tract 21000, Tract 21100, Tract 20300: Block Group 2, Block Group 1: Block 0, Block 14, Block 15; Tract 20400: Block Group 1: Block 0; Tract 20500: Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30; Block Group 3: Block 4, Block 6, Block 7, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20; Elmore County: Tract 31300: Block Group 1: Block 33, Block 34, Block 35, Block 36, Block 37, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 74, Block 75, Block 76, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105, Block 107, Block 108, Block 109, Block 110, Block 111, Block 114, Block 115; Macon County: Tract 231400, Tract 231601, Tract 231602, Tract 231603, Tract 231700, Tract 231800, Tract 231900, Tract 232000, Tract 232100, Tract 232200, Tract 232300, Tract 231500: Block Group 1, Block Group 3, Block Group 2: Block 0, Block 1, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85; Mobile County: Tract 200, Tract 401, Tract 402, Tract 500, Tract 600, Tract 701, Tract 702, Tract 800, Tract 903, Tract 1001, Tract 1002, Tract 1100, Tract 1200, Tract 1302, Tract 1400, Tract 1501, Tract 1502, Tract 2100, Tract 2200, Tract 2301, Tract 2302, Tract 2400, Tract 2900, Tract 3402, Tract 3404, Tract 3405, Tract 3406, Tract 3408, Tract 3602, Tract 3605, Tract 3608, Tract 3901, Tract 3902, Tract 4000, Tract 4100, Tract 4800, Tract 4900, Tract 7500, Tract 7600, Tract 7700, Tract 901: Block Group 2, Block Group 1: Block 47, Block 48, Block 49; Tract 1800: Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29; Tract 1901: Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 14; Tract 1902: Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 39, Block 40, Block 41, Block 43; Tract 2000: Block Group 1, Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 46, Block 67, Block 68, Block 69, Block 72, Block 73, Block 74; Tract 2501: Block Group 1: Block 31; Block Group 2: Block 28, Block 30, Block 31, Block 32, Block 33, Block 34; Block Group 3: Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 31, Block 32, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43; Tract 2600: Block Group 1, Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 20, Block 21, Block 22, Block 23, Block 24; Block Group 3: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 58; Tract 2700: Block Group 1: Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 56, Block 57, Block 59; Tract 3000: Block Group 2: Block 17, Block 18, Block 19, Block 20, Block 22, Block 23, Block 117; Tract 3407: Block Group 2: Block 10, Block 11, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 55, Block 56, Block 57, Block 61, Block 67, Block 68; Block Group 3: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 23, Block 54, Block 55, Block 56, Block 58, Block 62, Block 63, Block 64; Tract 3501: Block Group 1: Block 1, Block 2, Block 3, Block 4, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 34, Block 43, Block 44; Block Group 2: Block 43; Tract 3800: Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105, Block 106, Block 107, Block 108, Block 109, Block 110, Block 111, Block 112, Block 113, Block 114, Block 115, Block 116, Block 117, Block 118, Block 119, Block 120, Block 121, Block 122, Block 123, Block 124, Block 125, Block 126, Block 127, Block 128, Block 129, Block 130, Block 131, Block 133, Block 134, Block 135, Block 136, Block 137, Block 138, Block 139, Block 140, Block 141, Block 142, Block 143, Block 144, Block 145, Block 146, Block 147, Block 148, Block 149, Block 150, Block 163, Block 165, Block 166, Block 167, Block 168, Block 169, Block 170, Block 171, Block 172, Block 173, Block 174, Block 175, Block 176, Block 177, Block 178, Block 179, Block 180, Block 181, Block 182, Block 183, Block 184, Block 185, Block 186, Block 187, Block 188, Block 189, Block 190, Block 191, Block 192, Block 193, Block 194, Block 195, Block 196, Block 197, Block 198, Block 199, Block 200, Block 201, Block 202, Block 203, Block 204, Block 217, Block 218, Block 219, Block 223, Block 224, Block 225, Block 226, Block 227, Block 228, Block 229, Block 230, Block 231, Block 232, Block 233, Block 234, Block 235, Block 236, Block 237, Block 238, Block 239, Block 240, Block 241, Block 242, Block 243, Block 244, Block 245, Block 246, Block 247, Block 248, Block 249, Block 250, Block 251, Block 252, Block 253, Block 254, Block 255, Block 256, Block 257, Block 258, Block 259, Block 260, Block 261, Block 262, Block 263, Block 264, Block 265, Block 266, Block 267, Block 268, Block 269, Block 270, Block 271, Block 272, Block 273, Block 274, Block 275, Block 276, Block 277, Block 278, Block 279, Block 280, Block 281, Block 282, Block 283, Block 284, Block 285, Block 286, Block 287, Block 288, Block 289, Block 290, Block 291, Block 292, Block 293, Block 294, Block 295, Block 296, Block 297, Block 298, Block 299, Block 300, Block 301, Block 302, Block 303, Block 304, Block 305, Block 306, Block 307, Block 308, Block 309, Block 310, Block 311, Block 312, Block 313, Block 314, Block 315, Block 316, Block 317, Block 318, Block 319, Block 320, Block 321, Block 322, Block 323, Block 324, Block 325, Block 326, Block 327, Block 328, Block 329, Block 330, Block 331, Block 332, Block 333, Block 334, Block 335, Block 336, Block 337, Block 338, Block 339, Block 340, Block 341, Block 342, Block 343, Block 344, Block 345, Block 346, Block 347, Block 348, Block 349, Block 350, Block 352, Block 353, Block 354, Block 355, Block 356, Block 357, Block 358; Tract 5000: Block Group 1: Block 7, Block 8, Block 9, Block 15, Block 16; Block Group 2: Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40; Tract 5600: Block Group 1, Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 80, Block 86, Block 87, Block 90, Block 91, Block 92; Block Group 3: Block 0, Block 1, Block 6, Block 7, Block 8, Block 41, Block 42, Block 43, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 72, Block 81, Block 108, Block 109, Block 110, Block 112, Block 113, Block 114, Block 115, Block 116, Block 120, Block 121, Block 122, Block 123, Block 124, Block 125, Block 143, Block 146, Block 147, Block 148, Block 152, Block 154, Block 155, Block 156, Block 157, Block 158, Block 164, Block 165; Tract 5700: Block Group 3, Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 58, Block 59, Block 60, Block 149; Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 33, Block 120, Block 121, Block 122, Block 123, Block 124, Block 126, Block 127, Block 128, Block 129, Block 130, Block 131, Block 132, Block 133, Block 134, Block 135, Block 136, Block 137, Block 138, Block 139, Block 140, Block 141, Block 142, Block 143, Block 144, Block 145, Block 146, Block 147, Block 148, Block 149, Block 150, Block 151, Block 152, Block 154, Block 155, Block 156, Block 162, Block 201, Block 202; Tract 5800: Block Group 2, Block Group 3, Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105, Block 106, Block 107, Block 108, Block 109, Block 110, Block 111, Block 112, Block 113, Block 114, Block 115, Block 116, Block 117, Block 118, Block 119, Block 120, Block 121, Block 122, Block 123, Block 124, Block 125, Block 126, Block 127, Block 128, Block 129, Block 130, Block 131, Block 132, Block 133, Block 134, Block 135, Block 136, Block 137, Block 138, Block 139, Block 140, Block 141, Block 142, Block 143, Block 144, Block 145, Block 146, Block 147, Block 148, Block 149, Block 150, Block 151, Block 152, Block 153, Block 154, Block 155, Block 156, Block 157, Block 158, Block 159, Block 160, Block 161, Block 162, Block 163, Block 164, Block 165, Block 166, Block 167, Block 168, Block 169, Block 170, Block 171, Block 182, Block 183, Block 184, Block 185, Block 190, Block 202, Block 203, Block 204, Block 205, Block 206, Block 209, Block 212, Block 213, Block 214, Block 215, Block 216, Block 217, Block 218, Block 221, Block 222, Block 223, Block 224, Block 228, Block 231, Block 232, Block 240, Block 241, Block 242, Block 243, Block 244, Block 245, Block 246, Block 247, Block 248, Block 249, Block 250, Block 251, Block 252, Block 253, Block 254, Block 255, Block 256, Block 257, Block 258, Block 259, Block 260, Block 261, Block 262, Block 263, Block 264, Block 265, Block 266, Block 267, Block 268, Block 269, Block 275, Block 276, Block 277, Block 278, Block 279, Block 280, Block 281, Block 282, Block 283, Block 284, Block 285, Block 286, Block 287, Block 288, Block 289, Block 290, Block 291, Block 292, Block 293, Block 294, Block 295, Block 296, Block 297, Block 298, Block 299, Block 300, Block 301, Block 302, Block 303, Block 304, Block 305, Block 306, Block 307, Block 308, Block 309, Block 310, Block 311, Block 312, Block 314, Block 315, Block 316, Block 317, Block 318, Block 319, Block 320, Block 321, Block 322, Block 323, Block 324, Block 325, Block 326, Block 327, Block 362, Block 363, Block 364, Block 378, Block 380, Block 382, Block 383, Block 384, Block 385, Block 386, Block 387, Block 388, Block 389, Block 390, Block 391, Block 392, Block 400, Block 403, Block 404, Block 405, Block 406, Block 407, Block 408, Block 409, Block 410, Block 411, Block 412, Block 413, Block 414, Block 415, Block 416, Block 417, Block 423, Block 424, Block 425, Block 426, Block 427, Block 428, Block 429, Block 430, Block 431, Block 432, Block 433, Block 434, Block 435, Block 436, Block 437, Block 438, Block 439, Block 440, Block 441, Block 442, Block 443, Block 444, Block 445, Block 446, Block 447, Block 456, Block 457, Block 458, Block 459, Block 460, Block 461, Block 462, Block 467, Block 468, Block 469, Block 471, Block 472, Block 473, Block 475, Block 476, Block 477, Block 479, Block 480, Block 481, Block 482, Block 483, Block 484, Block 485, Block 486, Block 487, Block 488, Block 489; Tract 6102: Block Group 1: Block 92; Tract 6103: Block Group 2, Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45; Tract 6105: Block Group 1: Block 103, Block 106, Block 107, Block 108, Block 109, Block 110, Block 111, Block 112, Block 113, Block 114, Block 115, Block 117, Block 119, Block 120, Block 121, Block 122, Block 123, Block 124, Block 125, Block 126, Block 127; Tract 7400: Block Group 1, Block Group 2: Block 0, Block 1, Block 3, Block 4, Block 5, Block 6, Block 8, Block 9, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32; Tract 990000: Block Group 0: Block 1, Block 2, Block 3; Montgomery County: Tract 100, Tract 200, Tract 300, Tract 400, Tract 500, Tract 600, Tract 700, Tract 900, Tract 1000, Tract 1100, Tract 1200, Tract 1300, Tract 1400, Tract 1500, Tract 1600, Tract 1800, Tract 2000, Tract 2100, Tract 2201, Tract 2202, Tract 2300, Tract 2400, Tract 2500, Tract 2800, Tract 2900, Tract 3000, Tract 3100, Tract 3200, Tract 5102, Tract 5302, Tract 5402, Tract 5403, Tract 5501, Tract 5502, Tract 5504, Tract 5603, Tract 5604, Tract 5605, Tract 5606, Tract 5607, Tract 5608, Tract 5609, Tract 5610, Tract 5611, Tract 5612, Tract 5700, Tract 5800, Tract 5901, Tract 5902, Tract 6000, Tract 6100, Tract 1700: Block Group 5: Block 1; Tract 2600: Block Group 4: Block 0, Block 9, Block 12, Block 13, Block 14; Tract 2700: Block Group 2: Block 5, Block 11; Block Group 4: Block 3, Block 7; Tract 3301: Block Group 1, Block Group 4, Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 6, Block 9, Block 15; Tract 3302: Block Group 3, Block Group 4; Tract 5101: Block Group 2, Block Group 3, Block Group 4, Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48; Tract 5301: Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45; Tract 5408: Block Group 1: Block 3, Block 11, Block 41, Block 43; Tract 5503: Block Group 1, Block Group 3, Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 12, Block 15, Block 16, Block 17, Block 18, Block 19, Block 25, Block 26, Block 27, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40.

District 6: Blount County, Calhoun County, Cherokee County, Cullman County, Morgan County, St. Clair County, DeKalb County: Tract 961000, Tract 960800: Block Group 1: Block 38, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 84, Block 85, Block 86, Block 87; Block Group 2: Block 47, Block 49, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 100, Block 101, Block 102, Block 103, Block 106; Block Group 3: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105, Block 106, Block 107, Block 108, Block 109, Block 110, Block 111, Block 112, Block 113, Block 114, Block 115, Block 116, Block 117, Block 118, Block 119, Block 120, Block 121, Block 122, Block 123, Block 124, Block 125, Block 126, Block 127, Block 128, Block 129, Block 130, Block 131, Block 132, Block 133, Block 134, Block 135, Block 136, Block 137, Block 138, Block 139, Block 140, Block 141, Block 142, Block 143, Block 144, Block 145, Block 146, Block 147, Block 148, Block 149, Block 150, Block 152, Block 165, Block 171, Block 172, Block 173, Block 174, Block 175, Block 176, Block 177, Block 178; Tract 960900: Block Group 2, Block Group 1: Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 48, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103; Block Group 3: Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 55, Block 56, Block 57, Block 66, Block 67, Block 68, Block 69, Block 71, Block 72, Block 73; Block Group 4: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55; Tract 961100: Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97; Block Group 2: Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68; Tract 961200: Block Group 1: Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 73, Block 81; Block Group 2: Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 66, Block 67; Tract 961300: Block Group 2, Block Group 3, Block Group 4, Block Group 5, Block Group 1: Block 0, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63; Tract 961400: Block Group 2: Block 153, Block 154, Block 180; Block Group 3: Block 56, Block 57, Block 58, Block 61, Block 70, Block 81, Block 87, Block 100, Block 101, Block 102, Block 104; Limestone County: Tract 21100: Block Group 4: Block 177, Block 178, Block 179, Block 180, Block 181, Block 182, Block 211, Block 212, Block 213, Block 214, Block 217, Block 218, Block 219, Block 222, Block 223, Block 224, Block 226; Tract 21200: Block Group 3: Block 182, Block 183, Block 184, Block 185, Block 186, Block 188, Block 189, Block 190, Block 191, Block 192, Block 193, Block 194, Block 195, Block 196, Block 198, Block 199, Block 200, Block 201, Block 202, Block 203, Block 206, Block 207, Block 208, Block 275, Block 276, Block 277, Block 278, Block 288, Block 382, Block 403, Block 405, Block 406; Marshall County: Tract 30100, Tract 30201, Tract 30300, Tract 30401, Tract 30402, Tract 30500, Tract 30600, Tract 30701, Tract 30702, Tract 30801, Tract 30802, Tract 30902, Tract 30903, Tract 30904, Tract 31000, Tract 31100, Tract 31200, Tract 30202: Block Group 2, Block Group 3, Block Group 4, Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63.

District 7: Colbert County, Fayette County, Franklin County, Lamar County, Lauderdale County, Lawrence County, Marion County, Walker County, Winston County, Jefferson County: Tract 10803, Tract 10805, Tract 11001, Tract 11002, Tract 11107, Tract 11108, Tract 11109, Tract 11110, Tract 11111, Tract 11205, Tract 11206, Tract 11207, Tract 11208, Tract 11301, Tract 11302, Tract 11400, Tract 11500, Tract 11600, Tract 11704, Tract 11705, Tract 11706, Tract 12200, Tract 12701, Tract 12703, Tract 12704, Tract 2303: Block Group 3: Block 8, Block 9, Block 10, Block 11, Block 18, Block 19, Block 20, Block 21, Block 22; Block Group 4: Block 40, Block 41, Block 42, Block 43, Block 45, Block 46, Block 47; Tract 2306: Block Group 2: Block 17, Block 20, Block 25; Tract 4702: Block Group 2: Block 57; Tract 5600: Block Group 1, Block Group 2, Block Group 3, Block Group 4: Block 3, Block 4, Block 5, Block 6; Tract 5903: Block Group 1: Block 28, Block 31, Block 32, Block 33, Block 44; Tract 10801: Block Group 1, Block Group 2, Block Group 5, Block Group 3: Block 5; Block Group 4: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 11; Tract 10802: Block Group 1, Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 78, Block 97; Tract 10804: Block Group 1: Block 2, Block 4, Block 9, Block 10, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 31, Block 34, Block 36, Block 47, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68; Tract 11104: Block Group 4, Block Group 5, Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 27, Block 31; Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19; Block Group 3: Block 6, Block 7, Block 8, Block 9; Block Group 6: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 26, Block 27, Block 28, Block 29, Block 30, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54; Tract 11209: Block Group 1: Block 0, Block 20, Block 21, Block 22, Block 23, Block 24, Block 26, Block 38, Block 39, Block 40, Block 50, Block 52, Block 53, Block 56, Block 57, Block 58, Block 59, Block 60, Block 62; Tract 11210: Block Group 2, Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 37, Block 38, Block 39, Block 40, Block 41, Block 48, Block 49, Block 53, Block 54, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66; Tract 11703: Block Group 1, Block Group 2, Block Group 3, Block Group 4: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 60, Block 70, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78; Tract 11802: Block Group 4; Tract 11901: Block Group 1, Block Group 2; Tract 12001: Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 5, Block 7, Block 8, Block 9, Block 10, Block 12, Block 13, Block 14, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 76, Block 77, Block 78, Block 79, Block 84, Block 85, Block 87, Block 88, Block 89, Block 90, Block 91, Block 97, Block 98, Block 99, Block 100, Block 121; Tract 12002: Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 24, Block 25; Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 97; Block Group 4: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 8, Block 9, Block 10, Block 23, Block 24, Block 33, Block 84, Block 85, Block 86; Tract 12103: Block Group 3, Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 13, Block 14, Block 15, Block 16, Block 17, Block 31, Block 32, Block 33, Block 36, Block 37, Block 40, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 92, Block 96, Block 97; Block Group 4: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 67, Block 68, Block 71, Block 72; Block Group 5: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 21, Block 22, Block 23, Block 24; Tract 12104: Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105, Block 106, Block 107, Block 108, Block 109, Block 110, Block 111, Block 112, Block 113, Block 114, Block 115, Block 116, Block 117, Block 118, Block 119, Block 120, Block 121, Block 122, Block 123, Block 124, Block 125, Block 126, Block 127, Block 128, Block 129, Block 130, Block 131, Block 132, Block 133, Block 134, Block 135, Block 136, Block 137, Block 138, Block 139, Block 140, Block 141, Block 142, Block 143, Block 144, Block 145, Block 146, Block 147, Block 148, Block 149, Block 150, Block 151, Block 152, Block 153, Block 154, Block 158, Block 159, Block 161, Block 162, Block 163, Block 164, Block 165, Block 166, Block 167, Block 170, Block 171, Block 172, Block 173, Block 174, Block 175, Block 176, Block 177, Block 178, Block 180, Block 181, Block 182, Block 183, Block 184, Block 185, Block 186, Block 187, Block 188, Block 189; Block Group 2: Block 0, Block 1, Block 4; Tract 12302: Block Group 2, Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 53, Block 54, Block 69, Block 124, Block 125; Tract 12403: Block Group 2: Block 31; Block Group 4: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 14, Block 15, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 26, Block 27, Block 28, Block 29, Block 35, Block 37, Block 39, Block 40, Block 44, Block 45, Block 47, Block 50; Tract 12602: Block Group 2, Block Group 1: Block 1, Block 2, Block 3, Block 4, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55; Block Group 4: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 12, Block 13, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 46, Block 49, Block 51, Block 52, Block 133; Tract 12802: Block Group 1: Block 16, Block 17; Block Group 2: Block 4, Block 5, Block 6, Block 7, Block 8, Block 9; Block Group 3: Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20; Tract 12803: Block Group 1: Block 33, Block 39; Block Group 4: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 18; Tract 12911: Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 25, Block 26, Block 28, Block 31; Block Group 3: Block 0, Block 1, Block 2, Block 3; Block Group 4: Block 0; Tract 14001: Block Group 1: Block 1, Block 2, Block 4, Block 6, Block 7, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 24, Block 25; Block Group 3: Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 16, Block 17, Block 18, Block 19; Tract 14102: Block Group 3, Block Group 4, Block Group 1: Block 2, Block 4, Block 5, Block 6, Block 8, Block 10, Block 11, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 27, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 104, Block 109, Block 114, Block 115, Block 116, Block 117, Block 118, Block 119, Block 120, Block 121, Block 122, Block 123, Block 124, Block 125, Block 126, Block 127, Block 128, Block 129, Block 130, Block 135, Block 136, Block 137, Block 138, Block 140, Block 141, Block 142, Block 143, Block 145, Block 146, Block 147, Block 149, Block 150, Block 151; Limestone County: Tract 20201, Tract 20202, Tract 20300, Tract 20401, Tract 20402, Tract 21100: Block Group 1, Block Group 2, Block Group 3, Block Group 4: Block 193, Block 243; Tract 21200: Block Group 3: Block 187, Block 204, Block 205, Block 209, Block 210; Tuscaloosa County: Tract 10102, Tract 10103, Tract 10201, Tract 10203, Tract 10202: Block Group 1; Tract 10301: Block Group 1; Tract 10302: Block Group 3: Block 28, Block 30, Block 35, Block 42, Block 43, Block 266, Block 270, Block 289.

District 8: Etowah County, Jackson County, Madison County, DeKalb County: Tract 960100, Tract 960200, Tract 960300, Tract 960400, Tract 960500, Tract 960600, Tract 960700, Tract 960800: Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 81, Block 82, Block 83, Block 88, Block 89, Block 90, Block 91, Block 92; Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 48, Block 50, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 104, Block 105, Block 107, Block 108, Block 109, Block 110; Block Group 3: Block 151, Block 153, Block 154, Block 155, Block 156, Block 157, Block 158, Block 159, Block 160, Block 161, Block 162, Block 163, Block 164, Block 166, Block 167, Block 168, Block 169, Block 170; Tract 960900: Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 46, Block 47, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 104; Block Group 3: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 53, Block 54, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 70, Block 74; Block Group 4: Block 36, Block 37, Block 38; Tract 961100: Block Group 3, Block Group 1: Block 20; Block Group 2: Block 0, Block 16, Block 17; Tract 961200: Block Group 1: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 71, Block 72, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 82; Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 64, Block 65; Tract 961300: Block Group 1: Block 1; Tract 961400: Block Group 1, Block Group 2: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105, Block 106, Block 107, Block 108, Block 109, Block 110, Block 111, Block 112, Block 113, Block 114, Block 115, Block 116, Block 117, Block 118, Block 119, Block 120, Block 121, Block 122, Block 123, Block 124, Block 125, Block 126, Block 127, Block 128, Block 129, Block 130, Block 131, Block 132, Block 133, Block 134, Block 135, Block 136, Block 137, Block 138, Block 139, Block 140, Block 141, Block 142, Block 143, Block 144, Block 145, Block 146, Block 147, Block 148, Block 149, Block 150, Block 151, Block 152, Block 155, Block 156, Block 157, Block 158, Block 159, Block 160, Block 161, Block 162, Block 163, Block 164, Block 165, Block 166, Block 167, Block 168, Block 169, Block 170, Block 171, Block 172, Block 173, Block 174, Block 175, Block 176, Block 177, Block 178, Block 179; Block Group 3: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 59, Block 60, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 82, Block 83, Block 84, Block 85, Block 86, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 103; Limestone County: Tract 20101, Tract 20102, Tract 20500, Tract 20600, Tract 20700, Tract 20801, Tract 20802, Tract 20900, Tract 21000, Tract 21100: Block Group 4: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105, Block 106, Block 107, Block 108, Block 109, Block 110, Block 111, Block 112, Block 113, Block 114, Block 115, Block 116, Block 117, Block 118, Block 119, Block 120, Block 121, Block 122, Block 123, Block 124, Block 125, Block 126, Block 127, Block 128, Block 129, Block 130, Block 131, Block 132, Block 133, Block 134, Block 135, Block 136, Block 137, Block 138, Block 139, Block 140, Block 141, Block 142, Block 143, Block 144, Block 145, Block 146, Block 147, Block 148, Block 149, Block 150, Block 151, Block 152, Block 153, Block 154, Block 155, Block 156, Block 157, Block 158, Block 159, Block 160, Block 161, Block 162, Block 163, Block 164, Block 165, Block 166, Block 167, Block 168, Block 169, Block 170, Block 171, Block 172, Block 173, Block 174, Block 175, Block 176, Block 183, Block 184, Block 185, Block 186, Block 187, Block 188, Block 189, Block 190, Block 191, Block 192, Block 194, Block 195, Block 196, Block 197, Block 198, Block 199, Block 200, Block 201, Block 202, Block 203, Block 204, Block 205, Block 206, Block 207, Block 208, Block 209, Block 210, Block 215, Block 216, Block 220, Block 221, Block 225, Block 227, Block 228, Block 229, Block 230, Block 231, Block 232, Block 233, Block 234, Block 235, Block 236, Block 237, Block 238, Block 239, Block 240, Block 241, Block 242, Block 244, Block 245, Block 246, Block 247, Block 248, Block 249, Block 250, Block 251, Block 252, Block 253, Block 254, Block 255, Block 256, Block 257, Block 258, Block 259, Block 260, Block 261, Block 262, Block 263, Block 264, Block 265, Block 266, Block 267, Block 268, Block 269, Block 270, Block 271, Block 272, Block 273, Block 274; Tract 21200: Block Group 1, Block Group 2, Block Group 3: Block 0, Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7, Block 8, Block 9, Block 10, Block 11, Block 12, Block 13, Block 14, Block 15, Block 16, Block 17, Block 18, Block 19, Block 20, Block 21, Block 22, Block 23, Block 24, Block 25, Block 26, Block 27, Block 28, Block 29, Block 30, Block 31, Block 32, Block 33, Block 34, Block 35, Block 36, Block 37, Block 38, Block 39, Block 40, Block 41, Block 42, Block 43, Block 44, Block 45, Block 46, Block 47, Block 48, Block 49, Block 50, Block 51, Block 52, Block 53, Block 54, Block 55, Block 56, Block 57, Block 58, Block 59, Block 60, Block 61, Block 62, Block 63, Block 64, Block 65, Block 66, Block 67, Block 68, Block 69, Block 70, Block 71, Block 72, Block 73, Block 74, Block 75, Block 76, Block 77, Block 78, Block 79, Block 80, Block 81, Block 82, Block 83, Block 84, Block 85, Block 86, Block 87, Block 88, Block 89, Block 90, Block 91, Block 92, Block 93, Block 94, Block 95, Block 96, Block 97, Block 98, Block 99, Block 100, Block 101, Block 102, Block 103, Block 104, Block 105, Block 106, Block 107, Block 108, Block 109, Block 110, Block 111, Block 112, Block 113, Block 114, Block 115, Block 116, Block 117, Block 118, Block 119, Block 120, Block 121, Block 122, Block 123, Block 124, Block 125, Block 126, Block 127, Block 128, Block 129, Block 130, Block 131, Block 132, Block 133, Block 134, Block 135, Block 136, Block 137, Block 138, Block 139, Block 140, Block 141, Block 142, Block 143, Block 144, Block 145, Block 146, Block 147, Block 148, Block 149, Block 150, Block 151, Block 152, Block 153, Block 154, Block 155, Block 156, Block 157, Block 158, Block 159, Block 160, Block 161, Block 162, Block 163, Block 164, Block 165, Block 166, Block 167, Block 168, Block 169, Block 170, Block 171, Block 172, Block 173, Block 174, Block 175, Block 176, Block 177, Block 178, Block 179, Block 180, Block 181, Block 197, Block 211, Block 212, Block 213, Block 214, Block 215, Block 216, Block 217, Block 218, Block 219, Block 220, Block 221, Block 222, Block 223, Block 224, Block 225, Block 226, Block 227, Block 228, Block 229, Block 230, Block 231, Block 232, Block 233, Block 234, Block 235, Block 236, Block 237, Block 238, Block 239, Block 240, Block 241, Block 242, Block 243, Block 244, Block 245, Block 246, Block 247, Block 248, Block 249, Block 250, Block 251, Block 252, Block 253, Block 254, Block 255, Block 256, Block 257, Block 258, Block 259, Block 260, Block 261, Block 262, Block 263, Block 264, Block 265, Block 266, Block 267, Block 268, Block 269, Block 270, Block 271, Block 272, Block 273, Block 274, Block 279, Block 280, Block 281, Block 282, Block 283, Block 284, Block 285, Block 286, Block 287, Block 289, Block 290, Block 291, Block 292, Block 293, Block 294, Block 295, Block 296, Block 297, Block 298, Block 299, Block 300, Block 301, Block 302, Block 303, Block 304, Block 305, Block 306, Block 307, Block 308, Block 309, Block 310, Block 311, Block 312, Block 313, Block 314, Block 315, Block 316, Block 317, Block 318, Block 319, Block 320, Block 321, Block 322, Block 323, Block 324, Block 325, Block 326, Block 327, Block 328, Block 329, Block 330, Block 331, Block 332, Block 333, Block 334, Block 335, Block 336, Block 337, Block 338, Block 339, Block 340, Block 341, Block 342, Block 343, Block 344, Block 345, Block 346, Block 347, Block 348, Block 349, Block 350, Block 351, Block 352, Block 353, Block 354, Block 355, Block 356, Block 357, Block 358, Block 359, Block 360, Block 361, Block 362, Block 363, Block 364, Block 365, Block 366, Block 367, Block 368, Block 369, Block 370, Block 371, Block 372, Block 373, Block 374, Block 375, Block 376, Block 377, Block 378, Block 379, Block 380, Block 381, Block 383, Block 384, Block 385, Block 386, Block 387, Block 388, Block 389, Block 390, Block 391, Block 392, Block 393, Block 394, Block 395, Block 396, Block 397, Block 398, Block 399, Block 400, Block 401, Block 402, Block 404, Block 407; Marshall County: Tract 30202: Block Group 1: Block 4, Block 5.

(b) This section contains lists of census tracts, blocks, and counties as generated by complex computer software based upon maps drawn by the Legislature. The official maps, which reflect the true intent of the Legislature in the establishment of districts, shall be retained in the office of the Secretary of State and printed as a part of the Acts. In the event of any conflict, it is the intention of the Legislature that the boundary descriptions provided by the official maps shall prevail over the boundary descriptions provided by the census tracts, blocks, and counties generated for and specified in this section.

(Act 2002-73, p. 175, §2; repealed by Act 2011-677, §1; added by Act 2011-677, p. 1822, §§2, 3.)

§ 16-3-2 Officers

The Governor shall be the President of the State Board of Education, and the board shall elect a vice-president from its members annually. The State Superintendent of Education shall be secretary and executive officer of the board.

(School Code 1927, §27; Code 1940, T. 52, §7; Acts 1969, Ex. Sess., No. 16, p. 39, §2.)

§ 16-3-3 Qualifications of Members

The members of the board shall be qualified electors of the State of Alabama, and each member shall be a qualified elector in the district which he represents. No person who is an employee of the board or who is or has been engaged as a professional educator within five years next preceding the date of the election shall be eligible for membership on the board. For the purposes of this section the term “professional educator” shall include teacher, supervisor or principal of any public or private school; instructor, professor or president of any public or private university, college or junior college or trade school; any state, county or city superintendent of education; or other person engaged in an administrative capacity in the field of education.

(School Code 1927, §29; Code 1940, T. 52, §8; Acts 1969, Ex. Sess., No. 16, p. 39, §3.)

§ 16-3-4 Removal of Members

The Governor may remove any appointive member of the board for immorality, misconduct in office, incompetency or willful neglect of duty, giving to him a copy of the charges against him and, upon not less than 10 days’ notice, an opportunity of being heard publicly in person or by counsel in his own defense. If any member shall be removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges against such member of his findings thereon, together with a complete record of the proceedings.

(School Code 1927, §30; Code 1940, T. 52, §9.)

§ 16-3-5 Vacancies

As vacancies occur on the board for any cause they shall be filled by the Governor for the unexpired term subject to confirmation by the Senate at the next succeeding session of the Legislature.

(School Code 1927, §31; Code 1940, T. 52, §10.)

§ 16-3-6 Oath of Office

Before exercising any authority or performing any duty, each member of the board shall qualify as such by taking and subscribing to the oath of office prescribed by Article XVI of the state constitution, the certificate whereof shall be filed with the records of the board.

(School Code 1927, §32; Code 1940, T. 52, §11.)

§ 16-3-7 Meetings

The State Board of Education shall hold a regular annual meeting on the second Tuesday in July at the office of the Department of Education in Montgomery, at which meeting one of its members shall be elected vice-president. Such other meetings may be held as the needs of public education may require, on dates to be set by the board in official session, by the president or by the State Superintendent of Education on written request of a majority of the board members. The rules generally adopted by deliberative bodies for their government shall be observed.

(School Code 1927, §33; Code 1940, T. 52, §12; Acts 1969, Ex. Sess., No. 16, p. 39, §4.)

§ 16-3-8 Compensation of Members

The members of the State Board of Education shall receive a per diem compensation of $10.00 for each day of actual service and for a total of not more than 25 days in any fiscal year and their actual traveling and other necessary expenses incurred in attending meetings and transacting the business of the board.

(School Code 1927, §34; Code 1940, T. 52, §13.)

§ 16-3-9 Expense Allowance for Members

(a) Each member of the State Board of Education shall be entitled to an expense allowance of one thousand five hundred dollars ($1,500) per month which shall be in addition to the per diem compensation and actual traveling and other necessary expenses incurred in attending meetings and transacting business of the board, as provided in Section 16-3-8. The provisions of Sections 36-7-20 to 36-7-23, inclusive, regulating payment of expenses of state officers and employees traveling on state business, shall not be applicable to members of the State Board of Education. It is expressly understood that this amount of one thousand five hundred dollars ($1,500) is paid for travel and other business expenses incurred by the board members which are not covered by the per diem and mileage allowance authorized to be paid to the board members.

(b) The expense allowance herein provided shall be paid out of the Education Trust Fund in the same manner as other expenses of the State Board of Education are paid.

(Acts 1973, No. 1209, p. 2031, §§1, 2; Acts 1976, No. 752, p. 1036, §1; Acts 1979, No. 79-749, p. 1335, §1; Acts 1984, No. 84-476, p. 1097, §1; Acts 1988, 1st Ex. Sess., No. 88-903, p. 471, §1; Act 2000-240, p. 383, §1.)

§ 16-3-10 Compensation of Employees Subject to the Merit System

The State Board of Education, upon recommendation of the State Superintendent of Education, shall determine the compensation of all employees in the Department of Education subject to the provisions of the Merit System.

(Acts 1935, No. 211, p. 598, § 4; Acts 1939, No. 58, p. 68; Code 1940, T. 52, §36.)

§ 16-3-11 Powers Generally

The State Board of Education shall exercise, through the State Superintendent of Education and his professional assistants, general control and supervision over the public schools of the state, except institutions of higher learning which by law are under the general supervision and control of a board of trustees, and shall consult with and advise through its executive officer and his professional assistants, county boards of education, city and town boards of education, superintendents of schools, school trustees, attendance officers, principals, teachers, supervisors and interested citizens, and shall seek in every way to direct and develop public sentiment in support of public education.

(School Code 1927, §35; Code 1940, T. 52, §14.)

§ 16-3-12 Rules and Regulations - Generally

The State Board of Education shall adopt rules and regulations for the proper construction of school buildings, for the sanitation of schools, for the physical examination of school children and, in conjunction with other state authorities, shall see to it that the rules relating to school health, compulsory education and child conservation are enforced.

(School Code 1927, §36; Code 1940, T. 52, §15.)

§ 16-3-13 Rules and Regulations - Necessary to Make Effective the Law’s Purpose

In order to meet emergencies that may arise because of any defect in the language or purpose of this title, the State Board of Education may make such rules and regulations as will give full force and effect to any or all of its provisions.

(School Code 1927, §57; Code 1940, T. 52, §31.)

§ 16-3-14 Grading and Standardizing Schools

The State Board of Education shall prescribe rules and regulations for the grading and standardizing of public schools.

(School Code 1927, §37; Code 1940, T. 52, §16.)

§ 16-3-16 Teachers’ Training and Certification; Reciprocity

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

(b) Alabama shall use certification by the National Boards of Professional Teaching Standards as national reciprocity when national certification has been fully implemented.

(School Code 1927, §41; Code 1940, T. 52, §20; Acts 1991, No. 91-323, p. 602, §3.)

§ 16-3-16.1 Board to Review Requirements for Teacher Education; Nationally Normed Teacher Examination

(a) The Legislature finds a compelling interest in adequately preparing teachers to teach. The two basic components of teaching consist of knowing what to teach (content) and knowing how to teach (methodology). To assure that teachers entering Alabama’s classrooms have been thoroughly prepared, the Legislature directs the State Board of Education to review the requirements of programs for teacher education and preparation and select a nationally normed teacher examination to be used. The nationally normed teacher examination may include the National Teacher Exam or any other national equivalent exam. Colleges and universities shall require each teacher candidate to pass the nationally normed examination as a condition of graduation. Notwithstanding any other provisions of this section, a person can, at any time, elect to not be a teacher candidate. The State Board of Education shall prescribe the manner in which the examination is to be administered and shall further determine the standard to be used for passing the examination.

(b) Graduates of teacher education programs who apply for certification who have attended out-of-state colleges and universities must also pass the same nationally normed teacher examination as required of students attending teacher preparation programs in Alabama. The examination shall be administered in a manner prescribed by the State Board of Education. The same standard used for passing the examination for students enrolled in teacher preparation programs at colleges and universities in Alabama shall be applicable.

(c) This section shall become effective for teacher education candidates who enter their program effective August 1, 1995.

(Acts 1995, No. 95-262, p. 463, §§1, 2, 5.)

§ 16-3-17 Educational Needs Investigated

The State Board of Education shall conduct investigations relating to the educational needs of the state and the means of improving educational conditions. It may employ additional expert assistance for such investigations if needed and appoint such agents for special investigations.

(School Code 1927, §47; Code 1940, T. 52, §21.)

§ 16-3-17.3 Flexible School Terms

It is the intent of the Legislature that local school systems be permitted to develop flexible school terms extending over the course of the 12 month calendar year. School systems desiring to use flexible school terms may utilize such scheduling to develop tutorial programs or innovative programs for at-risk students or students deemed academically deficient and to relieve overcrowded classroom conditions. Local school systems desiring to develop flexible school terms shall, upon approval of the local board of education, submit a plan to the State Superintendent of Education and upon his recommendation and approval by the State Board of Education, the plan shall be adopted. No provision of The Alabama Education Improvement Act of 1991 (Acts 1991, No. 91-323), shall be interpreted to require personnel employed in local school systems to work longer than their current contract provides. School personnel may work extended contract periods provided the personnel are willing and are paid commensurate with the system’s salary schedule.

(Acts 1991, No. 91-323, p. 602, §20.)

§ 16-3-18 Vocational Education

The State Board of Education and the State Superintendent of Education shall cooperate with the Federal Board for Vocational Education in the administration of all federal acts relating to vocational education. The State of Alabama accepts the benefits of these acts, passed by the Senate and House of Representatives of the United States of America in Congress assembled, as provided in this title.

(School Code 1927, §48; Code 1940, T. 52, §22.)

§ 16-3-19 Acceptance of Federal Funds by Board

The State Board of Education may accept for the State of Alabama any appropriation of money for the removal of illiteracy, the teaching of immigrants and for other educational purposes which may hereafter be made out of the federal Treasury by any acts of Congress; and the State Board of Education shall be constituted the chief educational authority for the expenditure and administration of any such funds. Said board may make rules and regulations for the expenditure of such funds, such expenditure to be in accordance with the terms of the acts of Congress making such appropriations. The Treasurer of the state is hereby designated as custodian for all funds received as apportionments under the provisions of such act or acts of Congress.

(School Code 1927, §49; Code 1940, T. 52, §23.)

§ 16-3-20 Supervision of Educational Work of Special Institutions

The State Board of Education shall have general supervision of the educational work of all charitable, penal, reformatory and child-caring institutions, maintained in whole or in part by the state, through its executive officer, who shall be a member of the governing board or boards which have charge of such.

(School Code 1927, §51; Code 1940, T. 52, §25.)

§ 16-3-21 Annual Report

The board of education shall submit each year on or before the first day of December, or as early thereafter as practicable, to the Governor an annual report covering all operations of the Department of Education and the support, conditions, progress and needs of education throughout the state. Such annual report shall be printed in sufficient quantities for general distribution throughout the state and for the usual exchange courtesies between state educational authorities.

(School Code 1927, §52; Code 1940, T. 52, §26.)

§ 16-3-22 Recommendations of Legislation

The State Board of Education shall consider the educational needs of the state and on and with the advice of the State Superintendent of Education shall recommend to the Governor and to the Legislature such additional legislation or changes in the existing legislation as may be deemed desirable. Such recommendations may be in the form of prepared bills and shall be laid before the Governor and the Legislature.

(School Code 1927, §53; Code 1940, T. 52, §27.)

§ 16-3-23 Seal

The State Board of Education may adopt a seal for the authentication of its official acts.

(School Code 1927, §54; Code 1940, T. 52, §28.)

§ 16-3-24 Oaths of Agents; Examination of Witnesses

The State Board of Education by its presiding officer, or its committees by their chairmen, the State Superintendent of Education and any of its duly appointed agents shall have authority to administer oaths and to examine under oath, in any part of the state, witnesses in any matter pertaining to schools and to cause the examination to be reduced to writing.

(School Code 1927, §55; Code 1940, T. 52, §29.)

§ 16-3-25 Removal of Appointees; Filling of Vacancies in Office of Appointees

The State Board of Education may remove for incompetency, immorality, misconduct in office or willful neglect of duty, any person appointed under the provisions of this title, not subject to the provisions of the state Merit System, upon making known to him in writing the charge against him and upon giving him an opportunity of being heard in person or by counsel in his own defense, upon not less than 10 days’ notice. In case of vacancy due to any cause, the State Board of Education shall fill the vacancy, unless otherwise provided, and until a successor shall qualify.

(School Code 1927, §56; Acts 1939, No. 58, p. 68; Code 1940, T. 52, §30.)

§ 16-3-26 Property Control

The State Board of Education may hold, lease and rent real and personal property and may make such repairs and improvements on all property under its control as may be for the best interests of the schools and, subject to the approval of the Governor, may acquire, sell and convey title to real estate.

(School Code 1927, §58; Code 1940, T. 52, §32.)

§ 16-3-27 Review of Local Actions by State Superintendent

The State Board of Education shall have the power and authority to promulgate rules and regulations governing the right and method of review and disposition upon review by the State Superintendent of Education of actions and orders of county and city boards of education and of county superintendents of education and city superintendents of schools in matters relating to finance and other matters seriously affecting educational interest.

(School Code 1927, §60; Code 1940, T. 52, §34.)

§ 16-3-28 Authority of Board and Trustees of Institutions to Borrow from Federal Agencies or Others; Issuance of Bonds, Notes and Other Securities

(a) The State Board of Education, acting for the respective educational institutions under its supervision, and each public corporation that conducts one or more state educational institutions under its supervision, acting through its board of trustees or other governing body, are hereby separately authorized to exercise and perform any or all of the following powers:

(1) To borrow money from the United States of America or any department or agency thereof, or from any person, firm, corporation or other lending agency for the purchase, construction, enlargement or alteration of any buildings or other improvements, including dormitories, dining halls, classrooms, laboratories, libraries, stadiums, administration buildings and any other buildings and appurtenances thereto suitable for use by the institution with respect to which the borrowing is made, the acquisition of furniture and equipment for any thereof, the purchase of land, the beautification of grounds and the construction of swimming pools, tennis courts, athletic fields and other facilities for physical education, all for use by such institution;

(2) To sell and issue interest-bearing securities, whether in the form of bonds, notes or other securities, in evidence of the moneys so borrowed;

(3) To pledge to the payment of the principal of and interest on such securities the fees from students levied and to be levied by or for such institution and any other moneys and revenues not appropriated by the state to such institution;

(4) To establish parietal rules respecting the use or occupancy of any facilities the revenues of which are pledged to such securities;

(5) To agree to maintain the charges for the use or occupancy of, for services rendered by or from and for admission to, any facilities the revenues of which are so pledged, and the fees from students so pledged, at such rates and in such amounts as will produce moneys sufficient to pay at their respective maturities the principal of and interest on the securities with respect to which such pledges and agreements are made and to create and maintain any required reserves therefor;

(6) To agree to insure, maintain, repair and replace any such facilities with respect to which any such pledge is made; and

(7) To make such other agreements with respect to the said facilities and such securities as the governing body providing for the issuance thereof shall deem necessary or desirable.

(b) The securities issued under the provisions of this section may from time to time be refunded by the issuance, by sale or exchange, of refunding bonds, notes or other securities payable from the same or different sources for the purpose of paying all or any part of the principal of the securities to be refunded, any redemption premium required to be paid as a condition to the redemption prior to maturity of any such securities that are to be so redeemed in connection with such refunding, any accrued and unpaid interest on the securities to be refunded, any interest to accrue on each security to be refunded to the date on which it is to be paid, whether at maturity or by redemption prior to maturity, and the expenses incurred in connection with such refunding; provided, that unless duly called for redemption pursuant to their provisions, the holders of any such securities then outstanding and proposed to be refunded shall not be compelled without their consent to surrender their outstanding securities for such refunding. Any such securities may be issued from time to time, may be executed in such manner, shall bear interest at such rate or rates, shall be payable as to both principal and interest, at such time or times, may be made redeemable before maturity at the option of the issuing body at such redemption price or prices and on such terms, and may be sold in such manner and at such price or prices, all as may be provided in the proceedings under which they are issued. The State Board of Education or other governing body providing for the issuance of such securities shall have power to prescribe all details thereof, subject only to the provisions of this section. Bonds, notes and other securities issued under the provisions of this section shall be eligible for the investment of trust or other fiduciary funds in the exercise of prudent judgment by those making such investment. Neither the securities issued under, nor any pledge or agreement that may be made pursuant to, the provisions of this section shall be or constitute an obligation of any nature whatsoever of the state, and neither the said securities nor any obligation arising from any such pledge or agreement shall be payable out of any moneys appropriated by the state to the institution with respect to which such securities are issued or such pledge or agreement is made.

(Acts 1935, No. 497, p. 1064, §§ 1-3; Code 1940, T. 52, §37; Acts 1947, No. 46, p. 13; Acts 1957, No. 623, p. 893, § 1; Acts 1969, Ex. Sess., No. 10, p. 23, § 1; Acts 1970, Ex. Sess., No. 8, p. 2607, § 1; Acts 1977, No. 504, p. 660, § 1.)

§ 16-3-29 Donations Held for Schools

Property, money or other thing of value may be donated for the benefit of the public schools of this state to be held in trust and administered for the use of such schools.

(School Code 1927, §626; Code 1940, T. 52, §38.)

§ 16-3-30 Administration of Gifts and Donations

Whenever any property, money or thing of value is donated to be used for the benefit of the public schools of this state, the State Board of Education shall have power to administer such trusts as it deems to the best interest of the school or schools for the benefit of which the donation or gift is made. The board of education is given complete control of such property and may sell, lease or otherwise dispose of the property as it deems to the best interest of the school or schools for the benefit of which such property is donated; or the board of education may convert the same into securities for handling the property or proceeds therefrom as in its discretion will best promote the purpose of the trust.

(School Code 1927, §627; Code 1940, T. 52, §39.)

§ 16-3-31 Gifts May Be Accepted on Conditions

The State Board of Education may accept the administration of property, money or other thing of value donated in trust for the benefit of any public school of the state upon such conditions as may be acceptable to the donor and the State Board of Education, but no undertaking entered into by the State Board of Education with such donor shall bind the state to pay any public moneys to anyone. Nothing hereunder shall prevent the State Board of Education from undertaking payments to persons out of the proceeds derived from such trust funds as a condition of the acceptance of a donation for the benefit of such school or schools. All trust funds administered under the provisions of this chapter may be required by the State Board of Education to pay the expenses of administering the same.

(School Code 1927, §628; Code 1940, T. 52, §40.)

§ 16-3-32 Providing Instruction Not Available at State-Supported Institutions - Graduate and Professional Instruction

The State Board of Education, under such rules and regulations as it shall determine, may provide for residents of Alabama graduate and professional instruction not available to them at state-supported educational institutions. The State Board of Education shall, by its rules and regulations, determine the qualifications of persons who may be aided under this section, and the decisions as to qualifications of persons by the State Board of Education shall be final. The State Board of Education may provide such graduate and professional instruction at any educational institution as it deems necessary, within or without state boundaries. The State Board of Education shall provide such graduate and professional instruction, within the limits of the appropriations available for this purpose, at a cost to students not exceeding the probable cost of such instruction to them if it were offered at a state-supported institution. The State Board of Education, in providing such instruction, may take into account travel, tuition and living expenses.

(Acts 1945, No. 64, p. 61, §1.)

§ 16-3-33 Providing Instruction Not Available at State-Supported Institutions - College or University Instruction

The State Board of Education, under such rules and regulations as it shall determine, may provide assistance for residents of Alabama for instruction on the college or university level at private nondenominational institutions when such instruction is not available to such residents at public, state-supported educational institutions in Alabama. The State Board of Education shall, by its rules and regulations, determine the qualifications of persons who may be aided under the provisions of this section, and the decision as to the qualifications of persons by the State Board of Education shall be final. The State Board of Education may provide assistance for instruction on the college or university level at any private nondenominational institution as it deems necessary, within or without the state boundaries. The State Board of Education shall provide assistance for such college or university instruction within the limits of the appropriations available for this purpose at a cost per student not exceeding the probable cost of such instruction if it were available at a state-supported institution. The State Board of Education, in providing assistance in such instruction, may take into account differences in travel, tuition and living expenses.

(Acts 1959, 2nd Ex. Sess., No. 127, p. 378, §1.)

§ 16-3-34 Authority of Institutions of Higher Learning to Make Interstate Educational Agreements

Any institution of higher learning which receives all or part of its support from the State of Alabama, subject to approval by the State Board of Education and under such rules and regulations as the State Board of Education shall determine, may contract with other state governments, agencies of other state governments or institutions of higher learning of other state governments to provide educational facilities at such Alabama institution of higher learning to residents of such other states.

Any institution of higher learning which receives all or part of its support from the State of Alabama, subject to approval by the State Board of Education and under such rules and regulations as the State Board of Education shall determine, may contract with other state governments, agencies of other state governments, institutions of higher learning of other state governments or private institutions of higher learning within or outside state boundaries to provide educational facilities to residents of Alabama at an expense to such residents of Alabama not exceeding the probable cost to them if the facilities were provided at such Alabama institution of higher learning.

(Acts 1945, No. 65, p. 62, §§ 1, 2.)

§ 16-3-35 Contracts with Tuskegee Institute and Meharry Medical College for Education of Alabama Students

(a) The State Board of Education is hereby authorized to contract with the Tuskegee Institute for educational services for Alabama students including the following:

(1) Veterinary medicine;

(2) Engineering;

(3) Vocational agriculture;

(4) Vocational home economics;

(5) Chemistry;

(6) Nursing education; and

(7) Such other educational services which in the opinion of the board of education are in great enough demand to justify a contract.

(b) The state board is authorized to allocate to Tuskegee Institute any appropriation or any part of any appropriation to the State Board of Education for Tuskegee Institute.

(c) The State Board of Education is hereby authorized to contract with Meharry Medical College or the Board of Control for Southern Regional Education for medical and dental education of Alabama students in said college out of any appropriation that may be made available to the State Board of Education for regional education.

(d) It is the full intent of this section to appropriate tax money through the State Board of Education for the education of resident citizens of Alabama in each and every institution of higher learning to which or for which the State Board of Education may allocate any appropriations made to said board for regional education or for any specific institution.

(Acts 1949, No. 489, p. 710, §§ 1-3.)

§ 16-3-37 Naming or Designating Institutions of Higher Learning

The State Board of Education is hereby vested with the authority to name or designate any institution of higher learning which is under its supervision and control.

(Acts 1966, Ex. Sess., No. 233, p. 356, § 1.)

§ 16-3-39 Indemnification of Members

Members of the State Board of Education shall be indemnified for any loss incurred as a result of damage done in the performance of their duty as a member of the State Board of Education and for which the member is personally liable. The indemnification shall be made by including such members under the general liability insurance coverage of the General Liability Trust Fund in accordance with the provisions of Section 36-1-6.1.

(Acts 1993, No. 93-546, p. 900, §1.)

§ 16-3-40 Public High School Graduation Examination Available to Nonpublic High School Students

(a) If the State Board of Education requires public high school students to take a high school graduation examination prior to graduation, the board shall make the examination available to nonpublic high school students in the state.

(b) This section shall not be construed as requiring nonpublic high schools to give the graduation examination. The examination shall be made available to nonpublic high school students so that those students may use the results of the examination to satisfy admission requirements of institutions of higher education.

(c) The board may establish and charge each nonpublic high school student taking the examination a reasonable fee to cover costs of providing the examination.

(d) The board may promulgate necessary rules and regulations to implement this section.

(Acts 1997, No. 97-932, p. 391, §1.)

§ 16-3-41 Written Policy Requirements on Student Discipline and Education Related to Private Images and Child Sexual Abuse Material

The State Board of Education shall require each local board of education to do all of the following before the start of the 2024-2025 school year:

(1) Develop a written policy on student discipline and education related to the distribution of private images as defined in Section 13A-6-240, and the distribution, dissemination, public display, advertising, promoting, presenting, soliciting, possession, possession with intent to distribute, and production of child sexual abuse material as defined in Division 4 of Article 4 of Chapter 12 of Title 13A.

(2) Include within the written policy a prohibition of private, explicit, or pornographic images generated with artificial intelligence.

(3) Broadly disseminate the policy following its adoption.

(4) Distribute copies of the policy to all teachers, staff, parents, and students.

(Act 2024-98, §7.)

Chapter 4 State Superintendent of Education

§ 16-4-1 Appointment; Qualifications; Salary

As the chief executive officer of the State Department of Education there shall be a State Superintendent of Education, who shall be appointed by the State Board of Education and shall serve at the pleasure of the State Board of Education; provided, however that the State Board of Education may enter into a contract with the State Superintendent of Education for his services for a period not to exceed four years.

The Superintendent of Education shall be a person of good moral character, with academic and professional education equivalent to graduation from a standard university or college, who is knowledgeable in school administration and has training and experience sufficient to qualify him to perform the duties of his office.

The salary of the State Superintendent of Education shall be such amount per annum as shall be set by the State Board of Education in an amount within the range now or hereafter established by law, to be paid in installments from the annual appropriation of the State Department of Education.

(School Code 1927, §65; Acts 1933, Ex. Sess., No. 138, p. 124, §1; Acts 1939, No. 441, p. 585, §2; Code 1940, T. 52, §41; Acts 1965, 1st Ex. Sess., No. 281, p. 394, §1; Acts 1975, No. 1069, p. 2140, §1.)

§ 16-4-1.1 Vacancies

(a) Notice of a vacancy in the position of State Superintendent of Education shall be posted by the State Board of Education. The notice shall be posted on the Internet and in a conspicuous place at each school campus and worksite, including all state and local board of education offices, 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 amount.

(4) Information on where to submit an application.

(5) Information on any deadlines for applying.

(6) Any other relevant information.

(b) The State Board of Education may adopt or continue policies which are not inconsistent with this section. The position shall not be filled during the required posting period, except as herein provided. The posting of a vacancy notice as required in this section shall not be abridged or delayed except in emergency circumstances and then delayed only temporarily in order to reasonably meet the conditions of the emergency. Violation of the notice requirements of this section by the board shall void any related employment action taken by the board.

(c) A vacancy in the position of State Superintendent of Education shall be filled by the State Board of Education within 120 days after the vacancy occurs. The board may temporarily fill the position on an interim basis for not more than two six-month periods.

(Act 2010-210, p. 332, §1.)

§ 16-4-2 Oath

Before entering upon the duties of the office, the superintendent shall take the oath prescribed in the constitution.

(School Code 1927, §66; Code 1940, T. 52, §42.)

§ 16-4-3 Bond

Before entering upon the duties of his office, the State Superintendent of Education shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the State Board of Education, for the faithful performance of his duties.

(Acts 1943, No. 122, p. 123, § 1; Acts 1961, Ex. Sess., No. 208, p. 2190, § 1.)

§ 16-4-4 Duties Generally

The State Superintendent of Education shall explain the true intent and meaning of the school laws and of the rules and regulations of the State Board of Education. He shall decide, without expense to the parties concerned, all controversies and disputes involving the proper administration of the public school system. The State Superintendent of Education shall enforce all the provisions of this title and the rules and regulations of the State Board of Education. He shall file charges with the State Board of Education or other controlling authority and shall recommend for removal or institute proceedings for the removal of any person appointed under the provisions of this title for immorality, misconduct in office, insubordination, incompetency or willful neglect of duty.

(School Code 1927, §68; Code 1940, T. 52, §44.)

§ 16-4-5 Apportionment of School Funds

The State Superintendent of Education shall make the annual apportionment of school funds to the local boards of education of the state as provided in this title.

(School Code 1927, §67; Code 1940, T. 52, §43; Acts 1995, No. 95-314, p. 634, §11.)

§ 16-4-6 Execution of Educational Policy

The State Superintendent of Education shall execute the educational policy of the State Board of Education. He shall call and conduct conferences of county or city boards of education, county superintendents of education, city superintendents of schools, supervisors, attendance officers, principals and teachers on matters relating to the condition, needs and improvements of the schools.

(School Code 1927, §69; Code 1940, T. 52, §45.)

§ 16-4-7 Publication of Laws, Rules, Etc.; Examination of Reports, Expenditures, Etc

The State Superintendent of Education shall prepare and publish the school laws of the state and the rules and regulations of the State Board of Education and such other pamphlets as will stimulate public interest, promote the work of education and foster in teachers professional insight and efficiency. He shall receive and examine all the reports required under the rules and regulations of the State Board of Education and, in person or through his assistants, shall examine the expenditures and accounts of county boards of education and of boards of education of cities under a city board of education, and shall supervise their business methods.

(School Code 1927, §70; Code 1940, T. 52, §46.)

§ 16-4-8 Review of Action of County and City Boards

The State Superintendent of Education, under rules and regulations promulgated by the State Board of Education, shall have the authority to review actions and orders of county and city boards of education and of county superintendents of education and city superintendents of schools in matters relating to finance and other matters seriously affecting the educational interest. Upon such review the State Superintendent of Education shall have the power to determine from the facts the just and proper disposition of the matter. The order of the state superintendent shall be binding.

(School Code 1927, §71; Code 1940, T. 52, §47.)

§ 16-4-9 Forms of Contracts

The State Superintendent of Education shall prepare, or cause to be prepared, the forms of contracts that shall be executed between the boards of education and all regular employees.

(School Code 1927, §72; Code 1940, T. 52, §48.)

§ 16-4-10 Rules for Construction of Buildings; Condemnation of Buildings

The State Superintendent of Education shall prepare, or cause to be prepared, and submit for approval to the State Board of Education rules and regulations for the hygienic, sanitary and protective construction of school buildings. He is empowered and directed to recommend for condemnation for school use by the State Board of Education all buildings used for school purposes that violate these rules and regulations.

(School Code 1927, §73; Code 1940, T. 52, §49.)

§ 16-4-11 Administration of Department; Supervision and Nomination of Employees of Department

The State Superintendent of Education, acting under the rules and regulations of the State Board of Education, shall be responsible for the administration of the Department of Education and shall have general supervision of all the professional and clerical assistants of the department. He shall nominate to the State Board of Education all the professional and clerical assistants of the department.

(School Code 1927, §75; Acts 1939, No. 58, p. 68; Code 1940, T. 52, §50.)

§ 16-4-12 Clerical and Professional Assistants

The Department of Education shall be provided with such clerical and professional assistants as may be necessary for the proper conduct of its affairs.

(School Code 1927, §76; Code 1940, T. 52, §51.)

§ 16-4-13 Rules for Protection of Health

In cooperation with other authorized agencies, the State Superintendent of Education shall prepare, or cause to be prepared, and submit for approval and adoption by the State Board of Education rules and regulations for the protection of the health, physical welfare and physical examination of the school children of the state.

(School Code 1927, §77; Code 1940, T. 52, §52.)

§ 16-4-14 Grading and Standardizing Schools

The State Superintendent of Education shall prepare, or cause to be prepared, and submit for approval and adoption by the State Board of Education rules and regulations for grading and standardizing all public schools of an elementary and high school grade, also for limiting on the basis of equipment and number of teachers employed, the years and grades of instructions that may be offered in such schools, but such rules and regulations shall not be inconsistent with the provisions of this title or any other statute of this state. He shall also prepare, or cause to be prepared, and submit for approval and adoption by the State Board of Education the minimum requirements for issuing all certificates and diplomas in such schools.

(School Code 1927, §78; Code 1940, T. 52, §53.)

§ 16-4-15 Census for Schools

(a) The State Superintendent of Education shall prepare, or cause to be prepared, and submit for approval and adoption by the State Board of Education rules and regulations for the taking of a decennial school census of all children in the state between six and 16 years of age, also the forms and blanks to be employed in taking such census and in compiling the reports thereon. The next school census shall be taken in 2008 and every 10 years thereafter, and the State Superintendent of Education may cause the whole or any part of the school census of any county or of any city to be retaken at any time, if, in the judgment of the State Superintendent of Education, the whole or any part of the census has not been properly taken.

(b) Should a constitutional amendment removing the requirements of the school census be ratified by the people, the provisions of this section thereby shall be automatically repealed without further action required of the Legislature.

(School Code 1927, §79; Code 1940, T. 52, §54; Acts 1943, No. 313, p. 300; Acts 1982, No. 82-298, p. 370, §§1, 2; Acts 1987, No. 87-413, p. 607, §1; Act 98-377, p. 708, §1.)

§ 16-4-16 Forms and Blanks

The State Superintendent of Education shall prepare, or cause to be prepared, and submit for approval and adoption by the State Board of Education a uniform series of forms and blanks for the use of county boards of education, boards of education of cities, school officials and teachers, and it shall be his duty to see that all financial matters and all educational records are made according to these forms and blanks. He shall also prepare, or cause to be prepared, and submit for approval and adoption by the State Board of Education forms and blanks to be used in the annual report and in the monthly reports of persons conducting private schools and of private educational associations, corporations or institutions except church schools as defined in Section 16-28-1.

(School Code 1927, §80; Code 1940, T. 52, §55; Acts 1982, No. 82-218, p. 260, §3.)

§ 16-4-17 Vocational Education

The State Superintendent of Education shall prepare, or cause to be prepared, and submit to the State Board of Education plans and rules and regulations for the administration of the provisions of the vocational education laws.

(School Code 1927, §82; Code 1940, T. 52, §57.)

§ 16-4-18 Reports

The State Superintendent of Education shall prepare, or cause to be prepared, an annual report of the State Board of Education and shall submit on the first day of December, or as early thereafter as practicable, the same to the board for its approval and adoption. He shall also prepare, or cause to be prepared, all other reports which are or may be required of the board.

(School Code 1927, §83; Code 1940, T. 52, §58.)

§ 16-4-19 Budget

The State Superintendent of Education shall prepare, or cause to be prepared, and submit for approval by the State Board of Education such budget for each quadrennium, or for such other period as may be fixed by the Department of Finance or other duly authorized body.

(School Code 1927, §84; Code 1940, T. 52, §59.)

§ 16-4-20 Legislation

The State Superintendent of Education shall prepare, or cause to be prepared, and submit for approval and adoption by the State Board of Education such legislative measures as are in his opinion needed for the further development and improvement of the free public schools of the state.

(School Code 1927, §85; Code 1940, T. 52, §60.)

§ 16-4-21 Inventory; Federal Grants; Special Studies

The State Superintendent of Education shall make an inventory of all school buildings and sites and keep a continuous inventory of the same thereafter, cooperate with county and city boards of education in securing federal grants to assist in school building construction by making special studies of school building needs on request of local school authorities and making the same available to the proper federal agencies and make special studies presenting the need of public education in Alabama for general federal aid for the support of the public schools and shall make the same available to appropriate federal agencies.

(Acts 1939, No. 441, p. 585, § 1; Code 1940, T. 52, §61.)

Chapter 5 Alabama Commission on Higher Education

Article 1 General Provisions

§ 16-5-1 Definitions

The following terms shall have the meanings respectively prescribed for them, except when the context otherwise requires:

(1) PUBLIC INSTITUTIONS OF HIGHER EDUCATION. Those public educational institutions in Alabama which have been authorized by the Legislature or by the constitution to provide formal education, including vocational, technical, collegiate, professional or any other form of education, above the secondary school level.

(2) COMMISSION. The Alabama Commission on Higher Education created by this article.

(3) INSTRUCTIONAL PROGRAM. A series of courses at any one location which culminates in a degree, certificate or other formal recognition of academic credit.

(4) UNIT. A school, college, division or institute and includes the establishment of any new branch or campus. The term does not include reasonable extension or alterations of existing curricula or programs which have a direct relationship to existing programs previously approved by the commission; the commission may, under its rule-making authority, define the character of such reasonable extension and alterations.

(5) OFF-CAMPUS OFFERING. Any credit course, instructional unit or instructional program conducted off the main campus of any postsecondary institution in existence and separately accredited by the Southern Association of Colleges and Schools, at the time of the passage of this article, or of any new campus previously or hereafter approved by the commission.

(Acts 1969, Ex. Sess., No. 14, p. 28, §1; Acts 1979, No. 79-461, p. 816, §1.)

§ 16-5-2 Composition; Appointment; Qualifications of Members; Duties

(a) The commission shall consist of 12 members. Ten of these members shall be appointed by the Governor, one shall be appointed by the Lieutenant Governor, and one shall be appointed by the Speaker of the House of Representatives by and with the advice and consent of the Senate. One person shall be appointed from each United States Congressional District in Alabama and shall reside or maintain an office or place of business within the congressional district from which he is appointed, and the remaining members shall be appointed from the state at large with no more than two in number of the total 12 members being from the same congressional district.

(b) The 12 members shall be citizens of the state and shall be selected, as far as may be practicable, on the basis of their interest in higher education. Appointees shall be selected without regard to political affiliation and appointments shall be of a nature as to aid the work of the commission and to inspire the highest degree of cooperation and confidence. No member of the commission shall be on the governing boards, be employed by or directly connected with any institution of higher education in the state, the State Department of Education or any county or other local board of education. No member of the commission shall serve past June 30th following his seventieth birthday. All members of the commission shall be deemed members at large charged with the responsibility of serving the best interest of the entire system of higher education in the state. No member shall act as the representative of any particular region or of any particular institution of higher education. New appointments to the commission shall be made so that the total membership of the commission is broadly representative of the total population of the State of Alabama.

(c) The commission shall serve in an advisory capacity to the Legislature and the Governor of this state in respect to all matters pertaining to state funds for the operation and the allocation of funds for capital improvements of state supported institutions of higher education. The initial membership of the commission and the term of each initial member is as follows in Section 16-5-3.

(Acts 1969, Ex. Sess., No. 14, p. 28, §2; Acts 1979, No. 79-461, p. 816, §2.)

§ 16-5-3 Terms of Office; Reconfirmation of Current Members; Appointment of New Members; Vacancies; Reappointment

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

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

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

(d) Any person who serves for five or more years as a member of the commission shall not be eligible for reappointment to succeed himself or herself until the next vacancy occurs after his or her successor is named.

(Acts 1969, Ex. Sess., No. 14, p. 28, §3; Acts 1979, No. 79-461, p. 816, §3.)

§ 16-5-4 Organization; Chairperson; Meetings, Quorum, Agenda, Etc.; Expenses; Executive Director and Employees; Retirement System

(a) The commission shall elect annually from its own members a chairperson and such other officers as it deems desirable and shall adopt rules for its organization in the conduct of its business.

(b) The commission shall hold regular meetings at such times as are specified in its rules. Special or additional meetings may be held on call of the chairperson, or upon a call signed by at least six members, or upon call of the Governor. The commission is encouraged to meet as often as seems desirable on the campuses of institutions of higher education in the state. The commission shall meet at least once every three months. A majority of the members of the commission shall constitute a quorum at all its meetings but the approval of a new unit or program of instruction, or a new public institution of higher education, or the recommendation for a new unit of research or public service as provided in Section 16-5-8, shall require the concurrence of a majority of all the members of the commission. An agenda for the meetings in sufficient detail to indicate the terms on which final action is contemplated shall be mailed to the chairperson of each governing board and to the chief administrative officer of each public institution of higher education at least two weeks prior to the meeting. Any public institution of postsecondary education or the State Board of Education may place an item for discussion on the agenda of the next commission meeting by informing the executive director of the commission, in writing, of such request at least three weeks prior to the meeting.

(c) Members of the commission shall serve without compensation but shall be reimbursed for actual expenses incurred in the performance of their duties.

(d) The commission may appoint a highly qualified person as its executive director who shall, with the consent and approval of the commission, select and supervise the commission’s staff and perform such other duties as may be delegated to the executive director by the commission, within the amounts made available for the operation of the commission. The appointment of the executive director shall be subject to confirmation by the Senate. Failure of the Senate to confirm the executive director shall result in his or her dismissal within 90 days thereafter.

(e) The executive director shall, with the consent and approval of the commission, employ professional and clerical staff and other assistants, including specialists and consultants, upon a full-time or part-time basis as are necessary to assist the commission and the executive director in performing the duties assigned by this chapter. The number of employees, their compensation, and the other expenditures of the commission shall be within the limits and in compliance with the appropriation made therefor by the Legislature and within budgets that shall be approved from time to time by the commission.

(f) All full-time employees of the commission shall be eligible to participate in the state Teachers’ Retirement System.

(Acts 1969, Ex. Sess., No. 14, p. 28, §4; Acts 1979, No. 79-461, p. 816, §4; Acts 1996, No. 96-497, p. 627, §1.)

§ 16-5-5 Commission to Analyze and Evaluate Education Needs; Advisory and Consultant Groups; Council of Presidents

The commission, in consultation with the agencies and institutions concerned with higher education in this state, shall analyze and evaluate on a continuing basis the present and future needs for instruction, research and public service in postsecondary education in the state, including facilities, and assess the present and future capabilities. The use of advisory groups and consultants, as deemed desirable, may be used to meet these needs in order to provide the highest possible quality of collegiate and university education to all persons in the state able and willing to participate. One such advisory committee shall be the Council of Presidents, consisting of the president of each public four-year institution of higher education and Athens State University, the Chancellor of Postsecondary Education, and the presidents of three public two-year institutions of higher education, to be selected by the chancellor.

(Acts 1979, No. 79-461, p. 816, §5; Act 2014-326, p. 1212, §1.)

§ 16-5-6 Long-Range Planning

The commission shall be responsible for statewide long-range planning for postsecondary education in Alabama. Such planning shall be the result of continuous study, analysis and evaluation. Plans will include the establishment of statewide objectives and priorities with methods and guidelines for achieving them.

(Acts 1979, No. 79-461, p. 816, §6.)

§ 16-5-7 State University and College Electronic Faculty and Student Unit Record System; Definitions; State Coordinating Agency; Advisory Committee; Database Reports; Failure to Comply with Requirements

(a) For the purposes of this section, the following words shall have the following meanings:

(1) BIOGRAPHICAL AND DEMOGRAPHIC DATA ELEMENTS. Include, but are not limited to, student identification number which shall not be the Social Security number, sex code, race and ethnic identification code, birth date, country of citizenship, state of geographic origin on entry, matriculation date, and college graduation date.

(2) CURRENT EDUCATIONAL ACTIVITY DATA ELEMENTS. Include, but are not limited to, student level, major area code, credit hours enrolled, cumulative credit hours attempted, cumulative credit hours earned, cumulative grade point average (GPA), state of current legal residence, residency status, cumulative quality points, veterans’ benefits status, housing status, minor/teaching field code, and financial aid status.

(3) DATA ELEMENTS. Include, but are not limited to, biographical and demographic data, previous educational experience data, and current educational activity data.

(4) PREVIOUS EDUCATIONAL EXPERIENCE DATA ELEMENTS. Include, but are not limited to, high school graduation date, high school code, high school average, American College Test (ACT) scores, Scholastic Aptitude Test (SAT) scores, transfer college, transfer hours earned at the undergraduate level, transfer grade point average at the undergraduate level, and admission status.

(5) RESIDENT/NONRESIDENT STUDENT. In determining resident or nonresident classification, the primary issue is one of intent. If a person is in Alabama primarily for the purpose of obtaining an education, that person shall be considered a nonresident student.

(6) STUDENT UNIT RECORD. Specific items of information pertaining to individual students enrolled at a public two-year or four-year institution of higher education.

(7) ELECTRONIC STUDENT UNIT RECORD DATA SYSTEM. The collective student unit records of all public two-year and four-year institutions of higher education.

(b) The commission, after affording a full opportunity to two-year and four-year public institutions of higher education and the public to be heard, shall design and establish a state university and college electronic student unit record system to provide comprehensive, meaningful, and timely information pertinent to the formulation of decisions and recommendations by the commission. The information submitted by the public institutions of higher education shall be in comparable terms that meet the specific format for the student unit records as established by the Executive Director of the Alabama Commission on Higher Education in complete and full consultation with the Chancellor of the Postsecondary Department of Education, and the Chairman of the Council of College and University Presidents. The reports developed through the system shall conform to the procedures established by the commission. The data elements of a student record shall include, but not be limited to, the following:

(1) Biographical and demographic data elements.

(2) Previous educational experience data elements.

(3) Current educational activity data elements.

(4) Residency status and whether the student pays tuition as a resident or a nonresident student.

(c) The commission shall be the state coordinating agency for all data collection requirements of the federal government which require state level coordination and relate to postsecondary education. The commission shall make every effort to minimize the reporting burden on the institutions by using the existing reports of the federal government.

(d) The commission shall establish an advisory committee comprised of, but not limited to, representatives of the public institutions of higher education and the State Board of Education to assure that the expertise and concerns of the institutions relative to this section, both individually and collectively, shall be provided to the commission.

(e) The database shall be configured to possess the capabilities to include:

(1) Reports to individual high school officials and the State Board of Education using information captured by the student unit record data base concerning the progress made by their respective graduates within the public institutions of higher education in Alabama. Using data captured through the system, the commission shall generate reports to assist legislators, the Governor and educators in informed decision making on education issues.

(2) Reports on student retention and graduation rates.

(3) Reports on student transfers across sectors, institutions, and within institutions.

(4) Reports on the status of out-of-state students.

(f) The information provided by each institution to the commission pursuant to subsections (a) to (g), inclusive, shall be subject to audit by the commission or by the Department of Examiners of Public Accounts.

(g) The commission shall immediately report to the Legislature the failure of any public institution of higher education to comply with the requirements of subsections (a) to (g), inclusive, by means of written notice delivered to the Lieutenant Governor, the Speaker of the House, the Chair of the Senate Committee on Finance and Taxation-Education and the Chair of the House Committee on Ways and Means.

(h) The format used to collect student data shall be developed by the Executive Director of the Alabama Commission on Higher Education in complete and full consultation with the Chancellor of the Postsecondary Department of Education, and the Chairman of the Council of College and University Presidents.

(i)(1) The commission, after affording a full opportunity to the two-year and four-year public institutions of higher education and the public to be heard, shall design and establish a state university and college information system, to include an electronic faculty unit record system, in order to provide comprehensive, meaningful, and timely information pertinent to the formulation of decisions and recommendations by the commission and the Legislature. The information, including the data components required by the electronic faculty unit record system, submitted by the public institutions of higher education shall be in comparable terms and shall meet the specific requirements as established by the commission and the reports developed through the system shall conform to the procedures established by the commission.

(2) In order to promote accountability, the commission shall establish a uniform electronic faculty unit record system for the purpose of obtaining information on faculty work loads at two-year and four-year public institutions of higher education in the state. Each two-year and four-year public institution in the state shall report annually to the commission its individual faculty work loads. The commission shall then forward a summary of this information to the Governor and the Legislature and the Chair of the Council of College and University Presidents and the State Board of Education. Nothing in this subsection shall be construed to authorize or permit the commission to set standards or establish policies for public institutions of higher education concerning faculty and staff hiring, promotion, or retention. This authority shall rest solely with the governing board of the institution.

(Acts 1969, Ex. Sess., No. 14, p. 28, §5; Acts 1979, No. 79-461, p. 816, §7; Acts 1996, No. 96-509, p. 647, §§1, 2; Acts 1996, No. 96-771, p. 1421, §1.)

§ 16-5-8 Review, Coordination, Establishment, Etc., of Programs; Transfer of Credits; Articulation and General Studies Committee

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(g) Colleges and universities conducting off-campus offerings on military reservations are exempt from the commission’s regulatory review and approval authority for those offerings on the military reservation.

(Acts 1969, Ex. Sess., No. 14, p. 28, §6; Acts 1979, No. 79-461, p. 816, §8; Acts 1994, No. 94-202, p. 257, §1; Acts 1996, No. 96-557, p. 823, §1; Act 2000-409, p. 760, §1.)

§ 16-5-8.1 Computation of Grades Earned at Another Institution

Nothing in subsection (e) of Section 16-5-8 shall be deemed to require a public institution to include any grades earned at another institution in the computation of a student’s grade point average at that institution. However, if any public institution includes freshman and sophomore level course grades earned at any other public institution in the computation of a student’s grade point average, all freshman and sophomore level course grades earned at all public institutions shall be included in the computation.

(Acts 1994, No. 94-202, p. 257, §2; Acts 1995, No. 95-255, p. 427, §1.)

§ 16-5-8.2 Equal Access for All Citizens

Nothing in subsection (e) of Section 16-5-8 shall be interpreted or used in any way to discourage or impede the efforts or abilities of the historically black institutions or their officials to carry out the mandates and objectives of federal court decrees and to provide equal access for all citizens of Alabama to full benefits of higher education.

(Acts 1994, No. 94-202, p. 257, §3.)

§ 16-5-8.3 Legislative Intent

It is the intent of the Legislature that all two-year and four-year institutions of higher education in the state comply with the intent of subsection (e) of Section 16-5-8 and the guidelines developed pursuant to it (unless otherwise exempted by subsection (e) of Section 16-5-8). In the event of noncompliance by any institution governed by a board of trustees established by the constitution with the statewide articulation agreement as provided in subsection (e) of Section 16-5-8, no other two-year or four-year institution shall be required to comply with the statewide articulation agreement. These two-year and four-year institutions shall continue to comply with all other provisions of Section 16-5-8. The Alabama Commission on Higher Education shall notify the Legislative Council, the governing body of each four-year institution, and the State Board of Education within 30 days of any failure to comply with subsection (e) of Section 16-5-8 or guidelines.

(Acts 1994, No. 94-202, p. 257, §4.)

§ 16-5-8.4 Reports to Legislature

Pursuant to Sections 16-5-7 and 16-5-8, the Alabama Commission on Higher Education shall make regular reports to the Legislature regarding the implementation of subsection (e) of Section 16-5-8.

(Acts 1994, No. 94-202, p. 257, §5.)

§ 16-5-9 Budget Proposals; Open Hearings; Unified Budget Report; Recommendations

(a) The governing boards of the public institutions of higher education shall submit to the commission through their appropriate administrative officers, not later than 90 days prior to each legislative session, its budget proposals for the operation and capital needs of the institution under its governance or supervision.

(b) The commission shall receive, evaluate and coordinate budget requests for the public institutions of higher education of this state, shall hold open hearings on the budget requests of the separate institutions and shall present to each institution and to the Governor and the Legislature, a single unified budget report containing budget recommendations for separate appropriations to each of the institutions. The consolidated budget and analysis of the commission shall be accompanied by the original requests and their justifications as submitted by each institution. The recommendations of the commission shall be derived directly from its assessment of the actual funding needs of each of the universities, as presented to it by the presidents, which assessment may include, but shall not be limited to, derived conclusions that may be based upon standard techniques of objective measurement, need and unit cost figures arrived at through the use of comparative and verified data secured from the various institutions, applied in an impartial and objective manner, and comparison shall be made not only between similar functions of institutions in Alabama but also between Alabama institutions and similar functions of institutions located in other states, provided that nothing herein shall be construed to prohibit any institutions of higher education in this state from submitting any matter pertaining to the financial operation and needs of said institution to the Legislature or to the Governor at any time.

(Acts 1969, Ex. Sess., No. 14, p. 28, §7; Acts 1979, No. 79-461, p. 816, §9.)

§ 16-5-10 Additional Powers and Duties of Commission

The commission shall exercise the following powers and duties in addition to those otherwise specified in this article:

(1) To cause to be made such surveys and evaluations of higher education as are believed necessary for the purpose of providing appropriate information to carry out its powers and duties.

(2) To recommend to the Legislature of Alabama the enactment of such legislation as it deems necessary or desirable to insure the highest quality of higher education in this state taking into consideration the orderly development and maintenance of the state system of public higher education to meet trends in population and the change in social and technical requirements of the economy.

(3) To advise and counsel the Governor, at his request, regarding any area of, or matter pertaining to, postsecondary education.

(4) To establish definitions of a junior college, a community college, a technical college or institute, a senior college, a university and university system; provided, that nothing herein shall be construed as authorizing the commission to establish or create any university system, nor to alter any university system presently existing.

(5) To develop and publish criteria which may be used by the Legislature as a basis:

a. For changing the classification of any public institution of higher education; and

b. For determining the need for new public junior colleges, public senior colleges, universities or university systems.

Any proposed statute which would establish an additional institution of higher education may be submitted, either prior to introduction or by the standing committee considering same to the commission for its opinion as to the need for the state therefore, and the commission shall report its findings to the Governor and the Legislature.

(6) To cause studies to be made for the purpose of classifying and prescribing the role and scope for each public institution of higher education in Alabama and to recommend such changes in classification or role and scope for such institutions as it deems necessary and which may be agreed to by the governing board of the institution. In making studies and recommendations for the purpose of classifying and prescribing the role and scope of institutions, the commission shall do so without regard for race and traditional role of the institution, provided, however, that in the absence of compelling reasons to the contrary the commission shall give priority to institutions having seniority in years of operation in the service area. When making recommendations for the elimination of duplication of educationally unnecessary programs, absent justifiable reasons to the contrary, the commission shall recommend the replacement of such programs and/or services with programs and/or services that will strengthen and enhance the role of the institution affected.

(7) To hear applications from the institutions for changes in classification or role and scope and to recommend to the Legislature for clarification such classifications in role or scope which may not be agreed to by the governing board of any institution.

(8) To make continuing studies, on its own initiative or upon the request of the Governor or the Legislature, of the financial needs of public higher education and issue such reports to the Governor and the Legislature as may result from its studies.

(9) To submit to the Governor and the Legislature on or before the first day in January of each year a written report covering the activities of the commission and the state of higher education in Alabama. The report shall include:

a. Statements of the nature, progress or result of any studies undertaken or completed during the past fiscal year;

b. Comments upon major developments, trends, new policies, budgets and financial considerations which, in the judgment of the commission will be useful in planning a sound program of higher education; and

c. Recommendations respecting postsecondary education in this state as may be appropriate.

(10) To make rules and regulations for its meetings, procedures and execution of the powers and duties delegated to it by this article.

(11) To encourage the establishment and development of formal consortia for the advancement of higher education comprised of institutions of higher education in the state.

(12) To conduct a program of public information in order to inform citizens of the state of matters of importance to higher education in Alabama.

(13) To serve as the state agency for the administration of those titles of the Higher Education Act of 1965 (Public Law 89-329) as amended for those programs requiring a single state agency for which the commission qualifies, unless otherwise designated by executive order.

(14) To authorize and regulate instructional programs or units offered by non-Alabama institutions of postsecondary education in the State of Alabama. No institution of postsecondary education located outside of Alabama may offer units or programs of instruction within Alabama without prior approval of the commission, except for those accredited units or programs approved by regional accrediting authorities or accredited degree granting entities located in states participating in reciprocity agreements entered into by the Governor or the commission. The commission under its rule-making authority shall establish criteria for the approval of such institutions and programs. The commission shall promulgate a schedule of programmatic review fees, commensurate with the cost of commission activities related to programmatic review, not exceeding fifteen thousand dollars ($15,000) per institution. Any programmatic review fee collected from a non-Alabama institution of postsecondary education shall be deposited in the State Treasury to the credit of the commission and funds collected are hereby appropriated to the commission.

(15) The powers and duties of the commission shall apply equally to all postsecondary institutions regardless of any authority that may be, or has been, conferred upon them by the constitution or by statutes.

(Acts 1969, Ex. Sess., No. 14, p. 28, §8; Acts 1979, No. 79-461, p. 816, §10; Act 2013-368, p. 1323, §1; Act 2015-122, §1.)

§ 16-5-11 Commission Responsible for Certain Functions

(a) The commission is designated the agency responsible for those functions under the Southern Regional Compact for Education (Act 227, HJR 42, 1949; Act 40, HJR 21, 1955) and those functions in Sections 16-3-32 through 16-3-35, heretofore assigned to the State Board of Education with funds that may be appropriated to it by the Legislature for that purpose.

(b) In addition to the function of the commission pursuant to subsection (a) and supplemental thereto, the commission may designate a portion of funds available for chiropractic scholarships for advanced education in health-related advanced education courses at the postdoctoral level at public or private nonprofit colleges and universities within this state.

(Acts 1979, No. 79-461, p. 816, §11; Act 2010-724, p. 1800, §1.)

§ 16-5-12 Evaluation of Commission Effectiveness; Survey Report and Recommendations

During the last year of each gubernatorial term, the commission shall conduct a survey of members of the education community, the Legislature, the Executive Branch of the state, and business and industry to evaluate the effectiveness of the work of the commission. A report detailing the results of the survey and any recommended changes shall be submitted to the Governor, the Legislature, the presidents and governing boards of the public institutions of higher education of this state, and the public.

(Acts 1969, Ex. Sess., No. 14, p. 28, §9; Acts 1979, No. 79-461, p. 816, §12; Act 2018-504, §7.)

§ 16-5-13 Powers and Duties of Governing Boards of Public Institutions of Higher Education; Commission Relationship with State Board and Chancellor

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

(b) The State Board of Education and any successor board or boards which govern the state’s public postsecondary institutions, including senior institutions, community colleges, junior colleges and postsecondary technical institutes or colleges, shall stand in the same relationship to the commission as do university boards of trustees. The Chancellor shall stand in the same relationship to the commission as do presidents of the universities.

(Acts 1969, Ex. Sess., No. 14, p. 28, §10; Acts 1979, No. 79-461, p. 816, §13; Acts 1982, No. 82-486, p. 805, §11.)

§ 16-5-14 Acceptance and Expenditure of Gifts, Grants, Etc

The commission is authorized to accept gifts, devises, grants or bequests and expend the same to carry out the provisions of this article or to promote the purposes for which it has been established.

(Acts 1979, No. 79-461, p. 816, §14.)

§ 16-5-15 Submission of Facilities Master Plans by Public Institutions of Higher Education; Review by Commission; Freeze on Construction and Acquisitions; Prioritization of Capital Budget Requests; Exemption of Facilities on Military Reservation

(a)(1) Each public two-year and four-year institution of higher education shall submit to the commission a facilities master plan. The commission shall review the master plans of each institution and shall make known any concerns and/or recommendations that it may have concerning four-year institutions to its respective board of trustees or, concerning two-year institutions, to the State Board of Education. This plan shall include the five-year plan of the institution regarding new facility construction and acquisition.

(2) The initial facilities master plan shall be filed with the commission prior to January 1, 1997. The plan shall be updated by the institution annually if changes are desired by the institution.

(b) The commission, in consultation with the Council of College and University Presidents and the State Board of Education shall adopt a standard, uniform method of reporting the five-year master plans. This process shall require the commission to notify the institution, the respective boards of trustees and the State Board of Education, within 60 weeks the findings of its review.

(c)(1) A freeze, effective January 1, 1997, for a period of one year on all new facilities construction and acquisitions of existing facilities shall be imposed on public two-year and four-year institutions of higher education, with the exception of those facilities mandated by the Knight, et al. v. State of Alabama consent decree and court order. Any available or budgeted capital funds may be used to renovate, replace, or restore existing facilities. Any facilities already approved by the appropriate governing board prior to January 1, 1997 are exempt from this subsection.

(2) All capital budget requests made by a public institution of higher education to the commission shall be prioritized. Such requests shall also be accompanied by a needs assessment and be included as part of each institution’s master plan.

(3) Colleges and universities conducting off-campus facilities on military reservations are exempt from the commission’s regulatory review and approval authority for those facilities on the military reservation.

(Acts 1996, No. 96-539, p. 755, §1.)

Article 2 Committee to Improve Postsecondary Education Participation

§ 16-5-30 Committee Established to Improve Postsecondary Education Participation; Membership

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

(1) Two-year postsecondary institutions.

(2) Four-year postsecondary institutions.

(3) The State Parent-Teacher Association.

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

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

(6) Governmental agencies.

(7) Foundations.

(8) The business community.

(9) The Alabama AFL-CIO.

(Acts 1993, No. 93-369, p. 630, §1.)

§ 16-5-31 Duties

The steering committee shall perform each of the following duties:

(1) Seek methods to improve participation in two-year and four-year postsecondary education.

(2) Seek methods to improve high school retention.

(3) Encourage the State Board of Education and local boards of education to adopt courses of study that prepare students for two-year and four-year technical, vocational, and academic programs.

(4) Organize and supervise local groups to perform each of the following functions:

a. Encourage participation in two-year and four-year postsecondary education.

b. Improve high school retention.

c. Encourage the adoption by the local board of education of two-year and four-year postsecondary education preparatory courses of study.

d. Provide tutorial, counseling, and other educational assistance to local junior and senior high school students.

(5) Advise the Alabama Commission on Higher Education regarding the operation of the Postsecondary Education Communication Center established in Section 16-5-32.

(Acts 1993, No. 93-369, p. 630, §2.)

§ 16-5-32 Postsecondary Education Communication Center Created; Center to Operate Statewide Computer Network, Develop Interactive Communication System, Establish Annual Ninth Graders Data Base, Operate Toll-Free Numbers, and Research Factors Affecting Educational Choices

(a) The commission shall enter into a contract with a state educational institution to establish a Postsecondary Education Communication Center to operate a statewide computer network and to perform the functions prescribed in this section. The commission shall supervise the operation of the center. The functions and services of the Postsecondary Education Communication Center shall not duplicate the functions and services provided by the Computer Articulation Program operated by Troy State University.

(b) The center shall assist and support the steering committee and local groups in fulfilling their duties.

(c) The center shall develop and provide an interactive communication system that accomplishes each of the following:

(1) Creates awareness among students and their families of the important role of education in providing a foundation for future well-being.

(2) Provides information services to facilitate educational attainment, participation in postsecondary education, and career development.

(3) Assists students and their families to assess student preparedness for two-year and four-year postsecondary education.

(d) The center shall annually establish a data base of all ninth graders whose parents authorize the steering committee or a local group to include the child in the data base. The center shall develop communications to provide to local groups and the steering committee to distribute to these ninth graders and to other interested persons. These communications may include surveys, newsletters, reports of student preparedness for two-year and four-year postsecondary education, and high school planning books.

(e) The center shall operate a toll-free telephone information number providing students and their parents information regarding two-year and four-year technical, vocational, and academic programs, career planning, financial aid, admission requirements, course of study majors, support services, athletics, and other relevant matters. The center shall implement necessary communication methods to inform the public of the availability of the toll-free telephone service.

(f) The center shall engage in necessary research to better understand the decision-making process and intervention strategies that affect the decision of a student to remain in high school and pursue a two-year or four-year postsecondary education.

(Acts 1993, No. 93-369, p. 630, §3.)

§ 16-5-33 Funding

The Alabama Commission on Higher Education may seek additional funding from foundations, governmental entities, federal grants, businesses, and other sources to supplement the state funding necessary to implement this article.

(Acts 1993, No. 93-369, p. 630, §4.)

Article 3 Loan Assistance in Support of Educators in Alabama

§ 16-5-50 Program Created

The Alabama Math and Science Teacher Education Program created pursuant to this article is renamed the Loan Assistance in Support of Educators in Alabama (LASEA) Program.

(Act 2018-504, §1; Act 2026-303, §1.)

§ 16-5-51 Purpose

The purpose of the Loan Assistance in Support of Educators in Alabama Program is as follows:

(1) To encourage individuals to enroll in and complete educator programs identified as having acute educator shortages and obtain Alabama certification in those programs.

(2) To improve the educational system in Alabama by encouraging those who complete and obtain certification in acute educator shortage programs to accept educator positions in Alabama public K-12 schools or school systems, including charter schools, that have been identified as acute educator shortage locations.

(Act 2018-504, §2; Act 2021-389, §1; Act 2026-303, §1.)

§ 16-5-52 Definitions

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

(1) ACUTE EDUCATOR SHORTAGE. A shortage of certified educators in identified educator programs as determined by the Alabama Commission on Higher Education in consultation with the State Department of Education and the Alabama Commission on the Evaluation of Services.

(2) ACUTE EDUCATOR SHORTAGE LOCATION. A public K-12 school or school system that has been identified as having an acute educator shortage.

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

a. Is accredited by the Southern Association of Colleges and Schools Commission on Colleges.

b. Is approved by the State Board of Education to prepare educators in programs identified as having an acute educator shortage.

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

(4) BASE SUPPORT. Loan assistance in support of educators who are certified in a program identified as having an acute educator shortage pursuant to Section 16-5-54.

(5) CHARTER SCHOOL. A form of public K-12 school established pursuant to Chapter 6F. An educator employed by a charter school accredited by the Southern Association of Colleges and Schools Commission on Colleges is eligible for the base support provided in this article. An educator employed by a charter school is not eligible for the supplemental support provided in this article.

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

(7) EDUCATOR. A full-time employee of a public K-12 school or school system whose function is to work with students in support of their efforts to learn and obtain an education.

(8) ELIGIBLE APPLICANT. An individual who satisfies the criteria set out in this article and is eligible under rules adopted by the commission.

(9) PROGRAM. The Loan Assistance in Support of Educators in Alabama Program created by this article and administered by the commission to provide loan assistance to an educator with a valid Alabama professional educator certificate who is endorsed in a program identified as having an acute educator shortage.

(10) SUPPLEMENTAL SUPPORT. Loan assistance in support of educators who qualify for base support pursuant to Section 16-5-54 and are employed in an acute educator shortage location.

(11) YEAR. The fall and spring semesters of an academic year of a public K-12 school or school system.

(Act 2018-504, §3; Act 2021-389, §1; Act 2026-303, §1.)

§ 16-5-53 Administration of Program; Rulemaking Authority

(a) The program shall be administered by the commission, which may adopt rules necessary for the administration of the program.

(b) A percentage of any annual appropriations received by the program, not to exceed 10 percent, may be expended for its operation and maintenance. Any funds appropriated to the program shall be non-reverting at the end of each fiscal year.

(c) The determination of acute educator shortages and acute educator shortage locations shall be made at least once every academic year.

(Act 2018-504, §4; Act 2021-389, §1; Act 2026-303, §1.)

§ 16-5-53.1

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

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

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

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

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

(b) The commission shall consult with the Alabama Commission on the Evaluation of Services on the development of the accountability and evaluation plan.

(Act 2026-303, §2.)

§ 16-5-53.2

Any eligible applicant who met the requirements of the program and received a loan repayment prior to August 1, 2026, shall remain eligible for loan repayments pursuant to the requirements of the program as long as they remain continuously employed with a qualifying school.

(Act 2026-303, §2.)

§ 16-5-54 Applicant Requirements

(a) The program shall provide two levels of payment for loan assistance: (i) base support in the amount of seven thousand five hundred dollars ($7,500) per year worked or three thousand seven hundred fifty dollars ($3,750) per semester, for a maximum of four consecutive years, and (ii) supplemental support in the amount of three thousand dollars ($3,000) per year worked or one thousand five hundred dollars ($1,500) per semester worked, for a maximum of four consecutive years. Depending on eligibility, an eligible applicant may receive the base support or both the base support and supplemental support.

(b) To be eligible for the base support, an eligible applicant shall satisfy all of the following:

(1) Is a citizen or a lawful permanent resident of the United States.

(2) Is a resident of Alabama. The commission shall accept any one of the following as proof of residency:

a. A current valid Alabama driver license.

b. A current valid Alabama vehicle registration.

c. A current valid Alabama voter registration card.

(3) Is a graduate of an approved program at the baccalaureate or master’s level from an approved institution and has been issued an Alabama educator certificate based upon completion of the approved program identified as having an acute educator shortage. An educator who only earns a passing score on the Praxis test to add a certificate endorsement for an approved program and has not completed the approved program does not satisfy this requirement.

(4) Is employed by a public K-12 school or school system.

(5) Maintains a schedule in which at least three-fourths of the full-time workload addresses an acute educator shortage.

(6) Has outstanding federal student loans, subsidized or unsubsidized.

(7) Satisfies additional continuing eligibility criteria established by the commission.

(c) To be eligible for the supplemental support, an eligible applicant must meet the criteria listed in subsection (b) and also be employed in an acute educator shortage location.

(Act 2018-504, §5; Act 2021-389, §1; Act 2022-396, §1; Act 2026-303, §1.)

§ 16-5-54.1 Individuals Eligible for Benefits; Eligibility Criteria

Beginning in the fall semester of 2021, the benefits outlined in Section 16-5-54(a) and the criteria outlined in Section 16-5-54(b) and (c) shall also apply to eligible individuals who are authorized to be educators in Alabama and are subsequently employed in an Alabama public K-12 school or school system, who graduated from a regionally accredited college or university in another state at the baccalaureate or master’s level after the 2021 spring semester term, and who may or may not reside within Alabama, notwithstanding Section 16-5-54(b)(2).

(Act 2021-389, §2; Act 2026-303, §1.)

§ 16-5-54.2 Program Eligibility Pursuant to Employment and Teaching Load Requirements

[Repealed]

REPEALED BY ACT 2026-303, EFFECTIVE AUGUST 1, 2026.

(Act 2021-389, §2; Act 2026-303, §3.)

§ 16-5-55 Federal Student Loan Repayment Amounts; Reapplication; Disbursements; Change in Status

(a) Program funds shall be awarded and distributed by the commission in the following manner:

(1) Loan assistance awards shall be distributed directly to eligible applicants in two disbursements during the applicable year: One disbursement shall be made after January 1 and the second disbursement shall be made after June 1. Each eligible applicant shall provide documentation from the employing public K-12 school or school system as proof of employment for the requested semester. If the award amount exceeds the loan balance, the award amount shall be reduced to match the loan balance.

(2) The commission shall determine the necessary procedures for awarding loan assistance if the total awards made to eligible applicants exceeds available funding.

(3) The eligible applicant shall notify the commission in writing of any change in status within 30 days after the change. Failure to notify the commission of a change in status shall affect future eligibility. All of the following constitute a change in status:

a. A change in name.

b. A change in residence.

c. A change in employment status.

(4) To receive loan assistance pursuant to this article, an eligible applicant shall register online with the Comptroller.

(b) The requirements of this article are contingent upon available funding for the program.

(c) A loan assistance award is considered income by the Internal Revenue Service, and eligible applicants shall be made aware of that fact.

(d) An eligible applicant who receives the base support and continues to satisfy employment criteria shall continue to receive an award for the four-year limit.

(e) An eligible applicant who receives the supplemental support and continues to satisfy employment criteria shall continue to receive an award for the four-year limit.

(Act 2018-504, §6; Act 2021-389, §1; Act 2022-396, §1; Act 2026-303, §1.)

§ 16-5-56 Rehearings

Any individual or institution not satisfied with the actions of the commission in its administration of the program may submit a written petition to the commission within 30 days after notice of the action. If not satisfied with the response of the commission to the written petition, the individual or institution may request a rehearing within 20 days after the response of the commission is made. The commission shall schedule the rehearing within 20 days after receipt of the rehearing request. The individual or institution may present written and oral evidence supporting the petition and may be represented by counsel. The decision of the commission following the rehearing is final.

(Act 2021-389, §2; Act 2026-303, §1.)

Article 4 Students’ Right to Know Act of 2023

§ 16-5-70 Short Title

This article shall be known and may be cited as the Students’ Right to Know Act of 2023.

(Act 2023-556, §1.)

§ 16-5-71 Purpose

This article requires the Alabama Commission on Higher Education to provide information to students to allow those students to make informed decisions about their education and professional future.

(Act 2023-556, §2.)

§ 16-5-72 Definitions

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

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

(2) DIVISION. The Workforce Development Division of the Department of Commerce that administers or oversees the state’s workforce programs, state job board, or any type of workforce program that receives funding from the United States Department of Labor.

(Act 2023-556, §3.)

§ 16-5-73 Annual Collection and Compilation of Information

The commission shall collect and compile all of the following information on an annual basis:

(1) The 50 most in-demand jobs in the state and their corresponding starting salaries and education level requirements.

(2) The average cost for all colleges and universities in the state.

(3) The average monthly student loan payment for individuals attending colleges and universities in the state, by institution.

(4) The average three-year student loan default rate for all colleges and universities in the state.

(5) The average total student loan debt for graduates of colleges and universities, for two-year, four-year, and graduate programs.

(6) The average four-year graduation rate for all universities in the state.

(7) The average graduation rate for all community colleges in the state.

(8) The completion rates for apprenticeship programs, high school credential programs, and career and technical education programs.

(9) The average salary one year after graduation by college or university major.

(10) The average salary one year after completion of an apprenticeship program, high school credential program, or career and technical education program.

(11) The base pay for newly enlisted service members.

(Act 2023-556, §4.)

§ 16-5-74 Student Horizon Database

(a) The commission shall create an interactive online tool, known as the Student Horizon Database, to publish and provide to individuals information including, but not limited to, the following:

(1) The 50 most popular education programs in colleges, universities, and career and technical education programs in the state based on information collected in Section 16-5-73.

(2) A searchable database capable of comparing all of the following based on users’ selections:

a. Average annual cost, including average financial assistance.

b. Average annual cost, not including any financial assistance.

c. Graduation rate.

d. Average salary after attending, but not completing, a college or university program.

e. Average salary for individuals completing one of the five most popular majors at a college or university.

f. Full-time enrollment.

g. Percentage of students not in default of student loans.

h. Average total debt after graduation.

i. Percentage of students receiving federal loans.

j. Average monthly student loan payments for graduates.

k. Average monthly student loan payments for nongraduates.

l. Percentage of students who return after their first year.

m. Graduation, withdrawal, transfer, and current enrollment rates for students within eight semesters after enrollment.

(b) The database shall allow students to have the option of selecting a specific major or course of study at a specific institution, and be able to reasonably identify all of the information referenced in this section.

(Act 2023-556, §5.)

§ 16-5-75 Student Graduate Horizon Scorecard

On or before October 31, 2024, and each October thereafter, the commission shall publish and make available to high school students a Student Graduate Horizon Scorecard that shall contain all of the following data, collected and aggregated pursuant to this article:

(1) The 50 highest paying four-year degrees.

(2) The 20 highest paying career and technical education and certificate programs.

(3) The 25 most in-demand jobs in the state and their corresponding starting salaries and education requirements.

(4) The base pay, benefits, and average signing bonus for enlistment in the military, along with the necessary Armed Services Vocational Aptitude Battery (ASVAB) score by the military branch.

(Act 2023-556, §6.)

§ 16-5-76 Annual Report

The commission shall issue an annual report to the Legislature outlining the effectiveness of colleges, universities, or any other postsecondary education institutions accepting public funding in aligning their curricula or programs with the state job market, including the degree to which they contribute to filling the most in-demand jobs in the state.

(Act 2023-556, §7.)

§ 16-5-77 Sharing of Data or Information

The commission and the division shall enter into a memorandum of understanding to share any data or information necessary to comply with this article.

(Act 2023-556, §8.)

§ 16-5-78 Powers of Commission

To satisfy the requirements of this article, the commission may do either of the following:

(1) Utilize and incorporate preexisting databases, such as the United States College Scorecard, administered by the federal department of education, as well as any other data sets available to the commission.

(2) Compel colleges and universities to collect and provide information or data as necessary.

(Act 2023-556, §9.)

§ 16-5-79 Rulemaking Authority

The commission shall adopt any necessary rules to implement this article.

(Act 2023-556, §10.)

Article 5 Loan Assistance for Eligible Athletic Trainers

§ 16-5-100 Definitions

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

(1) APPROVED DEGREE. A completed master’s degree recognized by the Commission on Accreditation of Athletic Training Education for an athletic training program through which students become eligible for an approved degree.

(2) APPROVED INSTITUTION. A public or private nonprofit institution of higher education that satisfies both of the following:

a. Is accredited by the Southern Association of Colleges and Schools Commission on Colleges or by a nationally recognized accrediting agency that provides the institution with eligibility to receive Title IV federal student aid.

b. Is accredited by the Commission on Accreditation of Athletic Training Education for an athletic training program through which students become eligible for national certification upon successfully completing the Board of Certification, Inc. examination.

(3) ATHLETIC TRAINING SERVICES. Services provided by a licensed athletic trainer within the scope of athletic training practice pursuant to Chapter 40 of Title 34.

(4) CERTIFICATION. National recognition by successfully completing the Board of Certification, Inc. examination for athletic training.

(5) CHARTER SCHOOL. A public K-12 school established pursuant to Chapter 6F.

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

(7) ELIGIBLE APPLICANT. An individual who satisfies the criteria set out in this article and is eligible under rules adopted by the commission in consultation with the Alabama Board of Athletic Trainers.

(8) LICENSED ATHLETIC TRAINER. A health care professional who is legally authorized to perform athletic training services within this state upon satisfying all of the following requirements:

a. Graduated from an approved athletic training program at the master’s degree level from an approved institution.

b. Passed the Board of Certification, Inc. examination.

c. Holds a valid license from the Alabama Board of Athletic Trainers which verifies the individual meets state-specific requirements, including continuing education.

(9) LOAN ASSISTANCE SUPPORT. Financial assistance provided to a licensed athletic trainer who provides athletic training services at a qualifying institution and has an outstanding federal student loan balance.

(10) PROGRAM. The Alabama Math and Science Teacher Education Program (AMSTEP), or any successor program, administered by the commission in consultation with the Alabama Board of Athletic Trainers.

(11) QUALIFYING INSTITUTION. A public K-12 school or school system in this state which requires athletic training services for sanctioned activities governed by an organization, including the Alabama High School Athletic Association or the Alabama Independent School Association.

(12) YEAR. The fall, spring, and summer semesters of an academic year of a qualifying institution.

(Act 2025-337, §1.)

§ 16-5-101 Administration of Article; Funding; Rulemaking Authority

(a) This article shall be administered by the commission in consultation with the Alabama Board of Athletic Trainers.

(b) A percentage not to exceed 10 percent of any annual appropriations received by the program may be expended for the operation and administrative requirements provided in this article.

(c) The requirements of this article are contingent upon available funding for the program.

(d) The commission, in consultation with the Alabama Board of Athletic Trainers, may adopt rules for the administration and implementation of this article.

(Act 2025-337, §1.)

§ 16-5-102 Award of Loan Assistance to Eligible Applicants; Change of Status

(a) The commission may award loan assistance from the program to eligible applicants.

(b) To be eligible for loan assistance of seven thousand five hundred dollars ($7,500) per year worked or three thousand seven hundred fifty dollars ($3,750) per semester worked, for a maximum of four consecutive years, an applicant shall satisfy all of the following:

(1) Is a citizen or a lawful permanent resident of the United States.

(2) Holds an approved degree from an approved institution.

(3) Is licensed and in good standing with the Alabama Board of Athletic Trainers pursuant to Chapter 40 of Title 34.

(4) Provides an average of at least 20 hours of athletic training services per week at qualifying institutions throughout the year in this state.

(5) Has outstanding subsidized or unsubsidized federal student loans.

(6) Satisfies additional continuing eligibility criteria established by the commission in consultation with the Alabama Board of Athletic Trainers.

(7) Has not received, and does not intend to receive, a grant from the Athletic Trainer Secondary School Incentive Program.

(c) Loan assistance awards shall be distributed directly to eligible applicants in two disbursements during the applicable year with one disbursement being made after January 1 and the second disbursement being made after June 1.

(d) An eligible applicant shall notify the commission in writing of any change in status within 30 days after the change. Failure to notify the commission of a change in status shall affect future eligibility. A change in status includes all of the following:

(1) A change in name.

(2) A change in residence.

(3) A change in employment status.

(e) The commission shall inform an eligible applicant awarded loan assistance that loan assistance is considered income by the Internal Revenue Service.

(f)(1) The commission shall determine the necessary procedures for awarding loan assistance if an eligible applicants’ total awards exceed available funding.

(2) The commission shall prioritize loan assistance to eligible educators prior to awarding loan assistance to eligible licensed athletic trainers.

(Act 2025-337, §1.)

§ 16-5-103 Decisions of the Commission; Rehearings

Any individual or institution not satisfied with the commission’s actions in administering the program may submit a written petition to the commission within 30 days after notice of the action. If the individual or institution is not satisfied with the commission’s response, the individual or institution may request a rehearing within 20 days after the commission’s response. The commission shall schedule the rehearing within 20 days after receiving the rehearing request. The individual or institution may present written and oral evidence supporting the petition and may be represented by counsel. The decision of the commission following the rehearing is final.

(Act 2025-337, §1.)

§ 16-5-104 Accountability and Evaluation Plan

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

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

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

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

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

(b) The commission shall consult with the Alabama Commission on the Evaluation of Services in the development of the accountability and evaluation plan.

(Act 2025-337, §1.)

Chapter 5A General Provisions of Higher Education

Article 1

§ 16-5A-1 Annual Reporting by Institutions of Higher Education as to Funding Received from Certain Foreign Countries, Entities, Etc

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

(1) FOREIGN COUNTRY OF CONCERN. The People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the State of Qatar, and any other country determined to be a country of concern by the United States Department of State.

(2) FOREIGN ENTITY OF CONCERN. Any political party, organization, institution of higher education, association, corporation, other entity, or subsidiary of any such entity organized under the laws of, or having its principal place of business in, a foreign country of concern.

(3) FOREIGN INDIVIDUAL OF CONCERN. Any official of a foreign country of concern or any individual who is domiciled in a foreign country of concern and who is not a citizen or lawful permanent resident of the United States of America.

(4) INSTITUTION OF HIGHER EDUCATION. A public institution of higher education, as defined by Section 16-5-1, or a private nonprofit institution of higher education that maintains its primary headquarters in Alabama.

(b)(1) Except as provided in subsection (e), each institution of higher education that is required to submit a summary document disclosing foreign financial support to the National Science Foundation pursuant to 42 U.S.C. § 19040 shall report the same information to the Governor, the Chair of the House of Representatives Committee on Education Policy, and the Chair of the Senate Committee on Education Policy.

(2) An institution of higher education required to provide a report pursuant to subdivision (1) may submit the same report provided to the National Science Foundation in order to meet the requirements of this subsection.

(c)(1) Except as provided in subsection (e), each institution of higher education that is required to submit a disclosure report to the United States Department of Education pursuant to 20 U.S.C. § 1011f shall report the same information to the Governor, the Chair of the House of Representatives Committee on Education Policy, and the Chair of the Senate Committee on Education Policy, provided that the institution of higher education is only required to report gifts from or contracts with a foreign country of concern, foreign entity of concern, or foreign individual of concern.

(2) An institution of higher education required to provide a report pursuant to subdivision (1) may submit the same report provided to the United States Department of Education in order to meet the requirements of this subsection, or may prepare a separate report including only that information disclosed to the United States Department of Education relating to gifts from or contracts with a foreign country of concern, foreign entity of concern, or foreign individual of concern.

(d) Each report required by this section shall be submitted no later than July 31, 2025, and each July 31 thereafter, and shall include financial support received by the institution of higher education during the preceding period of July 1 through June 30.

(e)(1) If an institution of higher education did not receive funding from a foreign country of concern, a foreign entity of concern, or a foreign individual of concern during the prior fiscal year, that institution of higher education is not required to submit any report required by this section.

(2) This section shall not be construed as requiring the reporting of funding provided by an individual or a family as a payment for tuition, related fees, or campus housing expenses for a student attending, enrolled in, or otherwise affiliated with a program, class, or course of study at an institution of higher education, unless that funding is required to be reported by 42 U.S.C. § 19040 or 20 U.S.C. § 1011f.

(Act 2024-215, §1.)

Article 2

§ 16-5A-20

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

(1) ADMINISTRATION. The institutional administration of a public institution of higher education, including any university system administration.

(2) FACULTY SENATE. Any representative faculty organization at a public institution of higher education, including, but not limited to, a university senate, faculty senate, or faculty council whose primary purpose is to represent faculty concerns on university matters.

(3) GOVERNING BOARD. The body charged with policy direction of any public institutions of higher education, including, but not limited to, the board of trustees.

(4) PUBLIC INSTITUTION OF HIGHER EDUCATION or INSTITUTION. A four-year public institution of higher education in this state.

(Act 2026-432, §2.)

§ 16-5A-21

(a) Only the governing board of a public institution of higher education may establish a faculty senate at the institution.

(b) A faculty senate established at an institution before October 1, 2026, is abolished unless either of the following apply:

(1) The faculty senate was established in the same manner as prescribed by this article.

(2) The governing board: (i) finds that the faculty senate meets the requirements of this article and any policy adopted by the governing board pursuant to this article; and (ii) ratifies the faculty senate’s continuation.

(c) A faculty senate authorized, but not yet established, before October 1, 2026, may only be established as prescribed in this article.

(Act 2026-432, §2.)

§ 16-5A-22

(a) Each governing board, before establishing a faculty senate, shall adopt a policy governing the selection and other conditions of the faculty senate membership. The policy shall meet the following requirements:

(1) Ensure adequate representation of each college and school of the institution.

(2) Except as otherwise provided by the governing board, require faculty senate leadership positions to be appointed by the university president.

(3) Except as otherwise provided by the governing board, limit the number of members to not more than 60, with two representatives from each college or school. Of the two representatives from each college or school, one shall be appointed by the president of the institution and one shall be elected by a vote of the faculty of the member’s respective college or school. The governing board may provide for the appointment of non-faculty members to the faculty senate, at the board’s discretion.

(b) Except as otherwise provided by the governing board, a faculty member serving on the faculty senate may be removed from the faculty senate in either of the following methods:

(1) Immediately, by the president of the institution, for failing to conduct his or her responsibilities in good faith within the faculty senate’s parameters, failing to attend faculty senate meetings, or engaging in other misconduct.

(2) On recommendation of the institution’s provost and approval by the institution’s president.

(Act 2026-432, §2.)

§ 16-5A-23

(a) A faculty senate is advisory only and may not be delegated the final decision-making authority on any matter.

(b) A faculty senate may not issue public statements on behalf of the institution or otherwise represent institutional positions. Nothing in this section may be construed to limit the ability of a faculty senate to provide confidential advisory recommendations to institutional leadership on matters related to the academic mission and institutional operations.

(Act 2026-432, §2.)

§ 16-5A-24

It is the intent of the Legislature that no provision of this article shall be construed to impede a constitutionally created board of trustees’ authority to manage its respective campuses and that each constitutionally created board of trustees may undertake the actions provided in this article in a manner consistent with that authority.

(Act 2026-432, §2.)

§ 16-5A-25

(a) No accrediting agency or association may:

(1) Compel a public institution of higher education to violate this article; or

(2) Take adverse action against a public institution of higher education based in whole or in part on that institution’s compliance with this article.

(b) No public institution of higher education may use an accrediting standard as justification to violate this article.

(Act 2026-432, §2.)

§ 16-5A-26

No private cause of action is created by or exists under this article.

(Act 2026-432, §2.)

Article 3

§ 16-5A-50

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

(1) GOVERNING BOARD. The body charged with policy direction of any public institution of higher education, including, but not limited to, the board of trustees.

(2) PUBLIC INSTITUTION OF HIGHER EDUCATION or INSTITUTION. A four-year public institution of higher education in this state.

(Act 2026-432, §2.)

§ 16-5A-51

(a) Each governing board shall adopt a policy regarding tenure. The policy shall:

(1) Address the granting of tenure;

(2) Allow for the dismissal of a tenured faculty member pursuant to Section 16-5A-52;

(3) Provide periodic post-tenure review for all tenured faculty at the institution pursuant to Section 16-5A-53; and

(4) Authorize the dismissal of a tenured faculty member who has committed serious misconduct, subject to the requirements of Section 16-5A-54.

(b) Each public institution of higher education may design its policies to fit the institution’s particular educational mission, traditions, resources, and circumstances relevant to the institution’s character, role, and scope.

(c) A governing board may adopt or maintain policies that are more stringent than the requirements of this article. Nothing in this article shall require a governing board to weaken or replace any existing institutional policies that exceed the minimum standards provided by this article.

(d) Notwithstanding subdivision (a)(3), a governing board may continue a post-tenure review policy established before October 1, 2026, rather than adopting a new policy, if the post-tenure review policy meets the requirements of this article and any policy adopted by the governing board pursuant to this article.

(Act 2026-432, §2.)

§ 16-5A-52

A tenured faculty member may be dismissed at any time after being provided with legally required due process based on any of the following determinations:

(1) The faculty member has done any of the following:

a. Exhibited professional incompetence.

b. Failed to perform duties or meet professional responsibilities of the faculty member’s position, including, but not limited to, failure to perform as documented in a post-tenure review.

c. Failed to successfully complete any post-tenure review professional development program.

d. Engaged in behavior that adversely affects the public institution of higher education or the faculty member’s performance of duties or meeting of responsibilities.

e. Violated laws or committed policy violations deemed to be terminable offenses by the institution.

f. Been convicted of a crime affecting the fitness of the faculty member to engage in teaching, research, service, outreach, or administration.

g. Engaged in unprofessional conduct that adversely affects the institution or the faculty member’s performance of duties or meeting of responsibilities.

h. Falsified the faculty member’s academic credentials.

(2) There is actual financial exigency or the phasing out of the institution’s programs requiring elimination of the faculty member’s position.

(3) There is other good cause as defined in the institution’s policies.

(Act 2026-432, §2.)

§ 16-5A-53

(a) Each tenured faculty member shall be subject to periodic post-tenure review by his or her respective institution no more often than once every year, but no less often than once every six years, after the date the faculty member was granted tenure. Each governing board shall create standards relating to the post-tenure review. The standards shall include, but not be limited to, both of the following:

(1) Be based on the professional responsibilities of the faculty member, such as in teaching, research, service, patient care, or administration, and include peer review of the faculty member.

(2) Be directed toward the professional development of the faculty member.

(b) A faculty member may be subject to revocation of tenure or other appropriate disciplinary action if, during the periodic post-tenure review, incompetency, neglect of duty, or other good cause is determined to be present.

(Act 2026-432, §2.)

§ 16-5A-54

(a) Each governing board shall adopt a policy to authorize the dismissal of a tenured faculty member based on a finding that the faculty member committed serious misconduct, provided the governing board must provide the faculty member with legally required due process before the dismissal.

(b) Each governing board shall:

(1) Adopt a policy defining “serious misconduct,” which includes, but is not required to be limited to, the conduct listed in Section 16-5A-52; and

(2) Designate an administrator or administrators to conduct hearings pursuant to this section.

(c) The dismissal policy shall provide for legally required due process that includes, but is not limited to, each of the following:

(1) Written notice of the allegations against the faculty member, including an explanation of the evidence supporting dismissal.

(2) An opportunity for the faculty member to respond to the allegations in a hearing with a designated administrator.

(Act 2026-432, §2.)

§ 16-5A-55

(a) Each governing board shall file a copy of the policies adopted pursuant to this article, and any amendments or revisions to these policies, with the provost, who shall make the policies publicly available on or before September 1 of each year.

(b) It is the intent of the Legislature that no provision of this article shall be construed to impede a constitutionally created board of trustees’ authority to manage its respective campuses and that each constitutionally created board of trustees may undertake the actions provided in this article in a manner consistent with that authority.

(Act 2026-432, §2.)

§ 16-5A-56

(a) No accrediting agency or association may:

(1) Compel a public institution of higher education to violate this article; or

(2) Take adverse action against a public institution of higher education based in whole or in part on that institution’s compliance with this article.

(b) No public institution of higher education may use an accrediting standard as justification to violate this article.

(Act 2026-432, §2.)

§ 16-5A-57

No private cause of action is created by or exists under this article.

(Act 2026-432, §2.)

Article 4

§ 16-5A-80

(a) For the purposes of this article, the following terms have the following meanings:

(1) ADMINISTRATION. The institutional administration of a public institution of higher education, including any university system administration.

(2) GOVERNING BOARD. The body charged with policy direction of any public institution of higher education, including, but not limited to, the board of trustees.

(3) PUBLIC INSTITUTION OF HIGHER EDUCATION or INSTITUTION. A four-year public institution of higher education in this state.

(b) The courses or curriculum required to obtain a degree at a public institution of higher education must be approved by the institution’s governing board.

(c) Each governing board shall have control over any course or subject taught at a public institution of higher education.

(d) Each governing board may delegate approval of courses to a designated university administrator.

(e) It is the intent of the Legislature that no provision of this article shall be construed to impede a constitutionally created board of trustees’ authority to manage its respective campuses and that each constitutionally created board of trustees may undertake the actions provided in this article in a manner consistent with that authority.

(f)(1) No accrediting agency or association may:

a. Compel a public institution of higher education to violate this article; or

b. Take adverse action against a public institution of higher education based in whole or in part on that institution’s compliance with this article.

(2) No public institution of higher education may use an accrediting standard as justification to violate this article.

(g) No private cause of action is created by or exists under this article.

(Act 2026-432, §2.)

Chapter 5B The College and Higher Education Excellence and Results Act

§ 16-5B-1 Short Title

This chapter shall be known and may be cited as the College and Higher Education Excellence and Results (CHEER) Act.

(Act 2026-422, §1.)

§ 16-5B-2 Definitions

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

(1) ACADEMICALLY UNDERPREPARED STUDENT. A student who started his or her academic program without meeting the readiness requirements established by the Outcomes-Based Higher Education Funding Coordinating Committee in discussion with the individual institutions.

(2) ADULT LEARNER. A student who is 25 years of age or older.

(3) ALABAMA COMMISSION ON HIGHER EDUCATION (ACHE). The commission established in Chapter 5 of this title.

(4) AVAILABLE FUNDING MULTIPLIER. Formula used to determine the annual amount of bonus funding available to each eligible institution calculated like the higher education portion of the funds appropriated from the Education Trust Fund Advancement and Technology Fund pursuant to Section 29-9-4, excluding dual enrollment students from the calculation.

(5) BASE YEAR. The year established by the Outcomes-Based Higher Education Funding Coordinating Committee in discussion with the individual institutions to reflect the reference point prior to the performance year to be used to measure and compare performance and outcome changes over time.

(6) COLLEGE AND HIGHER EDUCATION EXCELLENCE AND RESULTS (CHEER) FUND. The fund created by this chapter to provide bonus funding to higher education institutions that meet identified student and institution performance goals and objectives.

(7) COMMITTEE. The Outcomes-Based Higher Education Funding Coordinating Committee established in Section 16-5B-6.

(8) COMPLETION. The number of degrees or certificates awarded by an eligible institution.

(9) CREDIT. One semester credit hour or the equivalent.

(10) EDUCATIONAL PROGRAM. A program that leads to a certificate, an associate degree, bachelor’s degree, technical degree, micro-credential, industry credential, graduate degree or any other program as defined by the Outcomes-Based Higher Education Funding Coordinating Committee in discussion with the individual institutions.

(11) ELIGIBLE INSTITUTIONS. The following institutions:

a. Alabama A&M University.

b. Alabama State University.

c. Athens State University.

d. Auburn University.

e. Auburn University at Montgomery.

f. Jacksonville State University.

g. Troy University.

h. The University of Alabama at Birmingham.

i. The University of Alabama in Huntsville.

j. The University of Alabama in Tuscaloosa.

k. University of Montevallo.

l. University of North Alabama.

m. University of South Alabama.

n. University of West Alabama.

o. Tuskegee University.

p. Community and technical colleges that are part of the Alabama Community College System.

(12) EMPLOYED IN A HIGH-DEMAND FIELD. A graduated student who is employed in a job with more jobs available than qualified candidates to fill or where there will be more jobs available in that career over a defined period of time, as determined by the committee in discussion with the individual institutions.

(13) EMPLOYED IN A HIGH-WAGE JOB. A graduated student who is employed in a job five years after graduation with a wage that is at least one of the following, for the 25 to 34 age group, as determined by the committee in discussion with the individual institutions:

a. Ten percent higher than the state median wage for high school graduates, if the student passed an industry credential or completed a sub-associate or technical program.

b. Twenty percent higher than the state median wage for high school graduates, if the student earned an associate degree.

c. Fifty percent higher than the state median wage, if the student earned a bachelor’s degree or other post-bachelor’s degree.

(14) ENROLLED. A student who is enrolled in an educational institution.

(15) HIGHER-NEED STUDENT. A student who is likely to require additional supports and services to achieve postgraduation success, including low-income students, academically underprepared students, adult learners, and other categories of higher-need students as identified pursuant to §16-5B-5.

(16) LOW-INCOME STUDENT. A student who received a full or partial federal Pell Grant award at any point in the academic year.

(17) PERFORMANCE YEAR. The year established by the committee in discussion with the individual institutions to reflect the most recently completed scholastic year used to measure performance and outcome changes from the established base year.

(18) PREMIER RESEARCH UNIVERSITY. A public university whose annual external grants and contracts revenues exceed one hundred million dollars ($100,000,000) based on publicly available audited financial statements.

(19) SOME COLLEGE, NO DEGREE. Adults with some postsecondary education, but who have not earned a degree or credential, including those who dropped out, are currently enrolled, or took a few classes.

(20) STUDENT POSTGRADUATION SUCCESS. A student who is enrolled, employed, or enlisted within a time frame of graduating from or completing an educational program established by the committee in discussion with the individual institutions.

(21) STUDENT RETENTION. Keeping students enrolled and engaged in an eligible institution from one academic period to the next, calculated by dividing the number of returning students by the total number who started in the previous academic period.

(Act 2026-422, §1.)

§ 16-5B-3

(a) There is established a fund in the State Treasury for higher education institutions of this state which shall be known as the College and Higher Education Excellence and Results (CHEER) Fund. The fund shall be used to provide bonus funding to higher education institutions that meet identified student and institution performance goals and objectives. The fund shall be comprised of all funds appropriated or otherwise made available by the Legislature from whatever source for the purposes of this chapter. All funds appropriated to the Alabama Commission on Higher Education pursuant to Act 2023-378 for outcomes-based funding for 4-year colleges and universities remaining unencumbered on June 1, 2026, shall be transferred to the CHEER Fund and allocated as provided in this chapter. All funds appropriated or made available to the CHEER Fund shall remain in the fund and not revert or be expended for any other purpose other than those set out in this chapter.

(b) Except for funds designated for premier research institutions that certify every five years that external grants and contracts revenues have grown to the chairs of the House Ways and Means Education Committee and Senate Finance and Taxation Education Committee, which shall be appropriated annually by the Legislature, the fund shall be administered and distributed by the Alabama Commission on Higher Education (ACHE) in accordance with this chapter and the annual Education Trust Fund appropriations act. The commission shall not charge a fee for administration and distribution of the fund.

(c) The bonus funding appropriated pursuant to this chapter is subject to and shall be allocated only in accordance with this chapter or other legislative act and shall be budgeted and allotted in accordance with Article 4, Chapter 4 and Chapter 19 of Title 41. Any monetary interest that accrues to the CHEER Fund shall be retained in the fund from year to year and shall be subject only to this chapter.

(d) An eligible institution shall be eligible to receive annual bonus funding from the CHEER Fund only if:

(1) The eligible institution provides the annual data necessary to measure outcomes, as required by Section 16-5B-6.

(2) The annual data provided by the eligible institution pursuant to Section 16-5B-6 is accurate and has not been manipulated by the institution to generate bonus funding, as determined by the committee in discussion with the individual institutions. An eligible institution shall not receive any portion of its current available funding related to an outcome category with faulty or manipulated data. The committee may also recommend reductions in future available funding to any eligible institution that produces faulty or manipulated data.

(3) The eligible institution is in compliance with Article 6, Chapter 1 of Title 41.

(4) The eligible institution is in compliance with the requirements of Act 2026-597 requiring annual reports regarding the amount of state and federal funds received and expended and plans for dealing with funding reductions.

(Act 2026-422, §1.)

§ 16-5B-4

(a) There shall be an outcomes-based higher education funding program. The commission shall implement the program commencing with the fiscal year that begins on October 1, 2026, contingent upon funding being appropriated by the Legislature for such purpose.

(b) The bonus funding described in this chapter shall be allocated in accordance with this chapter. The total amount of available funding for the program each year shall be apportioned among eligible institutions using the available funding multiplier. An eligible institution may receive bonuses that total up to its available funding.

(Act 2026-422, §1.)

§ 16-5B-5

(a) Subject to available funding for the CHEER Fund for any fiscal year of the state, the committee in discussion with the individual eligible institutions shall select factors for inclusion in the performance outcome categories for CHEER Fund bonus funding to be identified in the annual Education Trust Fund appropriations act for each fiscal year:

(1) Student success factors, including:

a. Student postgraduate success, including:

1. Employment in a high-wage job;

2. Employment in a high-demand field; and

3. Enrollment.

b. Adult learner;

c. Completion rate;

d. Higher-need students;

e. Some college, no degree;

f. Student retention; and

g. Other proposals, initiatives, and concepts as deemed necessary by the committee in discussion with the individual eligible institutions to advance the creation and expansion of institutions of excellence across all Alabama higher education while serving the needs of the workforce and communities throughout the state.

(2) Alignment with economic development and workforce needs, including certificate and degree production in high-demand fields and the potential earning power of graduates.

(3) Research, including increased research expenditures or receipt of additional matching federal funds or other funds for research activities by premier research universities.

(4) Innovation, including use of methodologies and practices that accelerate or remove barriers to students obtaining certificates or degrees, as approved by the committee.

(b) The bonus amount for each weighted category shall be calculated by multiplying the percentage for each weight, as determined by the committee in discussion with the individual institutions, by the amount of available bonus funding for that institution.

(1) If an institution meets or exceeds the identified performance goals and objectives for a category, it will receive all of its available bonus funding related to that category. (2) If an institution does not meet its identified performance goals and objectives for a category, the available funding for that category shall remain in the CHEER Fund and available to be appropriated to other eligible institutions at a later time.

(c) By September 1 of each year, the commission shall certify the amount to be distributed from the CHEER Fund to each eligible institution that meets its performance goals and objectives pursuant to this section and outlined in the annual Education Trust Fund appropriations act, not to exceed the available amounts in the CHEER Fund. The commission shall distribute the appropriations in the CHEER Fund for that fiscal year to the institutions in the amounts certified.

(d) It is the intent of the Legislature that eligible institutions receiving bonus funding from this chapter utilize the funds solely to serve the needs of their student population in a manner that directly supports and advances the performance outcome categories selected by the committee pursuant to Section 16-5B-5, and that is reasonably calculated to result in measurable improvements in the student success factors identified therein. Provided, however, bonus funding received by premier research universities for increased research expenditures may be used for enhancing and increasing research and innovation including equipment, instrumentation, and infrastructure, including hardware and software; recruiting principal investigators, graduate research students; capital projects, including renovation of existing facilities; associated operating and maintenance costs; and matching funds for federal grants and contracts.

(Act 2026-422, §1.)

§ 16-5B-6

(a) There shall be established the Outcomes-Based Higher Education Funding Coordinating Committee led by the Chair of the Senate Finance and Taxation Education Committee and the Chair of the House Ways and Means Education Committee.

(b) The membership of the committee shall include the following:

(1) A representative of the Council of Presidents, to represent the four-year institutions, appointed by the council.

(2) The Executive Director of the Alabama Commission on Higher Education (ACHE), or his or her designee.

(3) The Chancellor of the Alabama Community College System, or his or her designee.

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

(5) The ranking minority member of the Senate Finance and Taxation Education Committee.

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

(7) The ranking minority member of the House Ways and Means Education Committee.

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

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

(10) The Minority Leader of the House of Representatives, or his or her designee.

(11) The Minority Leader of the Senate, or his or her designee.

(c) By June 1, 2027, the committee shall establish a process for collecting the data needed to award bonuses for postgraduation success. The committee, based on recommendations from the Alabama Department of Workforce, shall also determine every three years which occupations qualify as high-demand fields and high-wage jobs, using labor market data, accounting for both the statewide and regional workforce demand.

(d) The committee shall assist eligible institutions: (i) in understanding the data that determines their eligibility for bonus funding; and (ii) in identifying strategies to improve eligibility.

(e) On a schedule to be determined by the committee, the committee may make recommendations to the Legislature to:

(1) Adjust the amount of bonus for each outcome to improve the degree to which the bonus is incentivizing significant improvements in the outcome;

(2) Define other categories of students who are not achieving similar success rates as other students on eligible outcomes and whose identification is not easily subject to manipulation to earn bonus funding; and

(3) Define the bonus amount for new categories of students to be included in the annual Education Trust Fund appropriations act.

(Act 2026-422, §1.)

§ 16-5B-7

(a) Each year, the committee shall publish a report on the implementation and impact of the program.

(1) The report shall include, for the entire state and each eligible institution, data that shows:

a. The number and percentage of students eligible for bonus funding for each eligible outcome and for each category of higher-need student; and

b. The bonus funding earned for each eligible outcome and each category of higher-need students.

(2) Topics in each report shall include, but are not limited to:

a. Whether any or all of the bonus percentages need to be adjusted to achieve the purpose of this program; and

b. Any changes and improvements to data collection to improve accuracy and timeliness of bonus determinations.

(Act 2026-422, §1.)

§ 16-5B-8

The outcomes-based funding program established in this chapter shall supersede and replace any existing outcomes-based funding program for eligible institutions, including the program for the Alabama Community College System developed by the Alabama Community College Advisory Council on Outcomes-Based Funding pursuant to Act 2017-217.

(Act 2026-422, §2.)

Chapter 6 Alabama Education Study Commission

§ 16-6-1 Created; Membership; Appointment; Terms; Vacancies; Meetings; Compensation

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1969, Ex. Sess., No. 15, p. 35, §1.)

§ 16-6-2 Organization; Quorum; Majority Vote

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1969, Ex. Sess., No. 15, p. 35, §2.)

§ 16-6-3 Employees; Contracts for Services

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1969, Ex. Sess., No. 15, p. 35, §3.)

§ 16-6-4 Reports to Legislature

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1969, Ex. Sess., No. 15, p. 35, §4.)

§ 16-6-5 Cooperation of State Superintendent of Education and Other Agencies; Authority to Summon and Examine Officials and Records; Use of Facilities, Etc., of Other Agencies

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1969, Ex. Sess., No. 15, p. 35, §5.)

§ 16-6-5.1 Alabama Education Study Commission Designated as Standards of Excellence Commission; Responsibilities of Commission

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1991, No. 91-323, p. 602, §24.)

§ 16-6-6 Acceptance of Gifts, Etc

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1969, Ex. Sess., No. 15, p. 35, §7.)

Chapter 6A Programs for Improving Education

§ 16-6A-1 Short Title

This chapter shall be known and may be cited as the “Educational Reform Act of 1984.”

(Acts 1984, No. 84-622, p. 1260, §1.)

§ 16-6A-2 Definitions

For purposes of this chapter, the following terms shall have the respective meanings ascribed to them by this section:

(1) A.C.H.E. The Alabama Commission on Higher Education.

(2) BOARD or BOARD OF EDUCATION. The State Board of Education.

(3) COMMISSION. The Governor’s Educational Reform Commission created by this chapter.

(4) CRITICAL NEEDS AREAS. Those curriculum and teaching areas where there is an urgent need for action. These areas include mathematics, science, computer education and other areas to be identified from time to time by the State Board of Education.

(5) IN-SERVICE EDUCATION. The training of regularly certified education professionals who hold positions in the public schools of the state.

(6) LOCAL EDUCATIONAL AGENCIES. County and city boards of education and the school systems over which these boards of education have authority.

(7) PLAN FOR EXCELLENCE. A Plan for Excellence; Alabama’s Public Schools, a report to the Alabama State Board of Education, Governor George C. Wallace, President and to the Legislature and people of Alabama dated January 12, 1984.

(8) SUPERINTENDENT. The Alabama State Superintendent of Education.

(9) PUBLIC EDUCATION. For purposes of this chapter, public education means kindergarten through the twelfth grade.

(Acts 1984, No. 84-622, p. 1260, §2.)

§ 16-6A-3 Legislative Intent

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

(Acts 1984, No. 84-622, p. 1260, §3.)

§ 16-6A-4 Governor’s Program for Improving Education

The Governor’s program for improving education shall be implemented subject to sufficient appropriations as provided for herein or as provided for in any other appropriation legislation for public education in the state. Such program shall include, but not be limited to, the following:

(1) Establishment of the Governor’s Educational Reform Commission;

(2) Development of a comprehensive plan for improving courses in critical needs areas;

(3) Authorization for an emergency source of teachers in critical needs areas;

(4) Provision for a scholarship loan program for undergraduate students enrolled in critical needs areas;

(5) Establishment of a tuition grant program for presently certified teachers to add critical needs areas;

(6) Development of regional in-service education centers for teachers in critical needs areas;

(7) Increase in teacher salaries;

(8) Full statewide kindergarten program;

(9) Replacement of school buses;

(10) Library enhancement;

(11) Burned-out schools program.

(Acts 1984, No. 84-622, p. 1260, §4.)

§ 16-6A-5 Governor’s Educational Reform Commission - Composition; Funding

(a) There is hereby created the Governor’s Educational Reform Commission. Such commission shall be composed of the Governor, the State Superintendent of Education, the President of the Alabama Parent-Teacher Association, the Executive Director of the Alabama Education Association, the Executive Director of the Alabama Association of School Boards, the Executive Director of the Alabama Commission on Higher Education, the president of the Alabama Education Association, the Executive Director of the Alabama Council of School Administrators and Supervisors, the Chancellor of postsecondary education, one member who shall be a business person appointed by the Governor upon the recommendation of the Alabama Association of School Boards, one member of the Senate appointed by the Governor, one member of the House of Representatives appointed by the Governor, and three black members appointed by the Governor as hereinafter provided. Within 90 days after the passage of this chapter, the Governor shall appoint the aforementioned three members to the commission. Members by virtue of their position shall serve on the commission as long as they serve in their respective position. Members appointed by the Governor shall serve at the pleasure of the Governor. Vacancies shall be filled in the same manner as the original appointments were made.

(b) To fund the duties and responsibilities enumerated in this chapter for said commission, there is hereby appropriated to the Governor’s Educational Reform Commission from the Education Trust Fund the sum of $100,000 for the fiscal year ending September 30, 1985.

(Acts 1984, No. 84-622, p. 1260, §5.)

§ 16-6A-6 Governor’s Educational Reform Commission - Chairperson; Meetings; Rules for Conducting Business; Expenses; Employment of Staff

(a) The Governor shall designate one member of the commission as the chairperson. Such chairperson shall call the meetings of the commission.

(b) The commission may hold such meetings as it may deem necessary. The commission shall adopt rules for its organization in the conduct of its business. A majority of the members of the commission shall constitute a quorum at all its meetings.

(c) Members of the commission shall receive the per diem and travel expenses allowed by law for state officers and employees while engaged in the performance of their duties.

(d) The commission is authorized to employ such staff as are necessary to assist the commission in performing the duties required by this chapter. The number of employees, their compensation and the other expenditures of the commission shall be within the limits and in compliance with the appropriation made therefor by the Legislature and within budgets that shall be approved from time to time by the commission.

(Acts 1984, No. 84-622, p. 1260, §6.)

§ 16-6A-7 Governor’s Educational Reform Commission - to Study Education Reform; Serve in Advisory Capacity; Make Reports to Governor and Legislature; Dissolution; Not to Duplicate Education Board

The commission may study all levels of public education and shall monitor the incorporation of educational reform legislation into existing school programs. It shall also serve in an advisory capacity to the Governor and the Legislature in respect to all existing and future reform legislation and means of funding such programs. One year after May 31, 1984, and each year thereafter, the commission shall make an annual report to the Governor or to the Legislature; however, upon the request of either the Governor or Legislature, reports may be made at any time. The commission shall be dissolved at the end of three years unless otherwise continued by resolution of the Legislature.

It is the express intent of the Legislature that the commission not duplicate any responsibilities of the State Board of Education.

(Acts 1984, No. 84-622, p. 1260, §7.)

§ 16-6A-8 Governor’s Educational Reform Commission - Additional Powers and Duties

In addition but not limited to the powers and duties otherwise specified in this chapter, the commission shall have the following duties:

(1) To study and make recommendations to the Governor and the Legislature concerning mechanisms for increasing financial support of public education;

(2) To study and make recommendations to the Governor and the Legislature concerning the state funding formula, including consideration of incentive plans to increase local support;

(3) To study and make recommendations to the Governor and Legislature concerning capital outlay needs of public education in the state;

(4) To study and make recommendations to the Governor and Legislature concerning the development of summer camp programs for public school students;

(5) To study and present recommendations to the Governor and Legislature concerning mathematics, science, and other critical needs areas;

(6) To study and make recommendations to the Governor and the Legislature concerning the development of a statewide system of teaching excellence awards;

(7) To study and make recommendations to the Governor and the Legislature concerning the development of a statewide performance evaluation system for professional educators;

(8) To study and make recommendations to the Governor and the Legislature concerning the Alabama tenure laws for education professionals in the public schools in this state;

(9) To study and make recommendations to the Governor and Legislature concerning regional in-service education centers in existing institutions of higher education; and

(10) To study and make recommendations to the Governor and Legislature concerning the development of a career ladder and merit pay plan for all regularly certified education professionals in the public schools of this state. The commission shall recommend its program no later than the fifth legislative day of the 1985 Regular Session.

(Acts 1984, No. 84-622, p. 1260, §8.)

§ 16-6A-9 Development of Plan for Improving Courses in Critical Needs Areas

(a) The State Board of Education shall develop and establish a comprehensive plan for improving courses in science, mathematics, computer education and other critical needs areas. In developing such plan, the superintendent shall consult with teacher organizations, school personnel, legislative leaders, the Governor’s office, representatives from private industry, public and private higher education and from the fields of education, mathematics, science and computer education. Such program shall be divided into three phases with the first phase being introduced at the beginning of the 1985-1986 school year and another phase to begin each of the following two years. The entire program should be operative at the end of three years.

(b) The comprehensive plan shall provide a framework for the preparation and approval of programs, provide direction for program development and shall include the following provisions:

(1) Identification of curricular goals and expected outcomes;

(2) Preparation of instructional materials lists;

(3) Development of descriptions and cost estimates for providing curricular development, laboratories, equipment, supplies and facilities to implement programs for improvement in school systems or individual schools;

(4) Development of recommended course content to satisfy the new requirements for high school graduation. Consideration shall be given to student goals and needs;

(5) Development of a plan for continuous monitoring and evaluation of the programs, including classroom instructional needs as identified by teachers; and

(6) Solicitation of proposals and funding those programs that meet high standards of excellence.

(Acts 1984, No. 84-622, p. 1260, §9.)

§ 16-6A-10 Employment of Provisionally Certified Persons for Critical Needs Areas

(a) Local school boards are hereby authorized, pursuant to rules and regulations established by the State Board of Education, to employ provisionally certified persons from business, industry or other areas or military retirees who have extensive preparation in mathematics, science, computer education and other critical needs areas for a period not to exceed one year with a limit of three years total employment. Such persons may be employed provided:

(1) They have at least a bachelor’s degree in subject they are assigned to teach;

(2) There are no regularly certified teachers available to teach the course to be taught by these persons; and

(3) They are evaluated regularly and offered proper guidance by their supervisors.

(b) The time served as a provisionally certified teacher under this section shall not count toward time earned for tenure.

(c) The employment of provisionally certified teachers under this section shall serve to supply an emergency source of teachers in critical needs areas and shall not be considered a permanent means of acquiring teachers in any area.

(Acts 1984, No. 84-622, p. 1260, §10.)

§ 16-6A-14 Scholarship Loans for Teacher Education Programs in Critical Needs Areas - Rules and Regulations

The Alabama Commission on Higher Education shall have the authority to make reasonable rules and regulations for implementing and carrying out the provisions of this chapter relating to the scholarship loan program.

(Acts 1984, No. 84-622, p. 1260, §14.)

§ 16-6A-15 Tuition Grant Program for Certified Teachers; Limitations on Tuition Reimbursement; Letter of Commitment; Withholding Records Upon Failure to Satisfy Agreement

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

(Acts 1984, No. 84-622, p. 1260, §15.)

§ 16-6A-16 Plan for In-Service Education Centers; Governing Boards; Requirements of Centers; School Systems to Affiliate with Centers

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

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

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

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

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

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

(3) Provide specialized help to instructional personnel;

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

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

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

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

(g) To carry out the provisions of this section, there is hereby appropriated from the Alabama Special Educational Trust Fund the sum of $500,000.00 for the fiscal year ending September 30, 1985.

(Acts 1984, No. 84-622, p. 1260, §18.)

Chapter 6B Education Accountability Plan

§ 16-6B-1 Student Achievement

(a) The Legislature finds that the people of Alabama desire two basic things from their public schools:

(1) High achievement for students.

(2) A safe and orderly environment in which to learn.

(b) The Legislature encourages the State Board of Education to assist local boards of education in the development of a strong disciplinary policy and directs the State Board of Education to develop a program to closely monitor student achievement.

(1) The State Board of Education shall require implementation of an assessment program for the public schools of Alabama. The assessment program may include nationally normed tests or criterion referenced tests, or both. These tests may be used to assist in the assessment of student achievement. The State Board of Education may also require the use of other tests and assessments as the board may deem necessary.

(2) In grades 11 and 12, the State Board of Education shall implement an assessment and remediation program to monitor and promote the academic achievement of students in those grades and prepare them for successfully completing the graduation examination.

(c) There is no legislative intent to interfere with the provisions of Section 16-3-18.3, and it is the intent of the Legislature that the development of the total assessment program for student performance, exclusive of the requirements of student performance herein, shall be the function of the State Board of Education. The State Board of Education is instructed to develop courses of study to provide Alabama students with the content and information to enter the workforce, to compete nationally and internationally with other students, and to successfully compete at the postsecondary level. This shall include the content necessary to successfully achieve on nationally normed tests and any other tests that may be required by the State Board of Education.

(Acts 1995, No. 95-313, p. 620, §1; Act 2000-753, p. 1705, §1.)

§ 16-6B-2 Core Curriculum

Every Alabama student shall be given instruction in grades kindergarten through twelve to prepare him or her to enter the world of work and/or to complete course work at the postsecondary level. In addition to a comprehensive core curriculum of academics, each local board of education shall offer a program of vocational/technical education.

(a) The following words and phrases used in this section shall, in the absence of a clear implication otherwise, be given the following respective interpretations:

(1) REQUIRED COURSES. Courses which are required to be taken by every student enrolled in public schools in the State of Alabama.

(2) ELECTIVE COURSES. Courses which are neither mandatory nor required to be taken by any student enrolled in public schools in the State of Alabama.

(b) The Legislature finds that students must become more literate in the basic skills needed to earn a living or to continue their education. The Legislature further finds that the English language is a common bond that holds our society together. It is necessary that the State Board of Education adopt curriculum policies to ensure that Alabama students have a command of the spoken and written English language. The Legislature further finds that in Alabama schools, students earning a standard high school diploma are only required to earn two credits of mathematics after they enter the ninth grade prior to graduation. The Legislature further finds that special attention must be given to the Alabama courses of study. The State Board of Education shall establish a rigorous and meaningful core curriculum including, but not limited to, all of the following courses for grades nine through twelve in public schools to be phased in beginning with students entering ninth grade in the 1996-97 scholastic year:

(1) Four years (equivalent of four credit units) of English.

(2) Four years (equivalent of four credit units) of mathematics, including but not limited to material designed to ensure that no high school student fails to learn basic mathematical skills and computer literacy.

(3) Four years (equivalent of four credit units) of science.

(4) Four years (equivalent of four credit units) of social studies with an emphasis on history, music history, fine arts history, geography, economics, and political science. History courses shall include material on the history of the United States and the Constitution of the United States. The Legislature further requires that the curriculum content of American history shall include the teaching of important historical documents including the Constitution of the United States, The Declaration of Independence, The Emancipation Proclamation, The Federalist Papers, and other such documents important to the history and heritage of the United States.

(c) It is the intent of the Legislature that credit for required basic core academic courses may be earned in conjunction with vocational courses and/or programs. It is the intent of the Legislature that local boards of education offer and schedule students into vocational programs.

(d) It is the intent of the Legislature that, in addition to the required courses, elective courses including, but not limited to, foreign languages, fine arts, physical education, wellness education, and vocational and technical preparation be available to all students as determined by the local board of education. For purposes of this section, American Sign Language is a foreign language; a public school may offer such a course; and a student who successfully completes the course is entitled to receive credit for the course toward satisfaction of a foreign language requirement, pursuant to rules and regulations adopted by the Alabama State Board of Education. Beginning with the 2005-2006 school year, the preceding sentence shall apply to hearing-impaired students; and beginning with the 2006-2007 school year, and each school year thereafter, the preceding sentence shall apply to all students. Nothing in this chapter shall be construed to diminish the current requirements of the State Board of Education with respect to health and physical education instruction in grades K-12 or to reduce the effect of Section 16-40-1 regarding health and physical education.

(e) The State Board of Education shall adopt necessary policies, procedures, rules, regulations, and standards to require that:

(1) The required courses set forth in this section shall be taken by every student enrolled in grades nine through twelve of public schools to be phased in beginning with students entering the ninth grade in the 1996-97 scholastic year. The State Superintendent of Education after a hearing in which he or she determines there exists just cause may grant a one-time delay of one year for a school system from implementation of any one of the required courses.

(2) The required courses set forth in this section shall be successfully passed by a student enrolled in grades nine through twelve of public schools prior to such student’s graduation or receipt of a diploma, phased in beginning with students entering the ninth grade in the 1996-97 scholastic year. Students identified as eligible for special education services as provided by federal and state law shall be required to meet the provisions set forth in the individual education plan prescribed to meet their individual needs as required by law. The State Board of Education shall continue to set graduation requirements; however, such graduation requirements shall not provide less in the way of requirements in the areas of English, math, science, and social studies as provided in this chapter.

(3) In addition to the required courses, a number of elective courses shall be successfully passed by a student enrolled in grades nine through twelve of public schools prior to such student’s graduation or receipt of a diploma, phased in beginning with students entering the ninth grade in the 1996-97 scholastic year. The State Board of Education shall determine the number and classification of units of credit required for high school graduation.

(f) The State Board of Education, on the recommendation of the State Superintendent of Education, shall prescribe the minimum contents of courses of study for all public elementary and high schools in the state. In every elementary school there shall be taught at least reading including phonics, spelling, handwriting, arithmetic, oral and written English, geography, history of the United States and Alabama, elementary science, hygiene and sanitation, physical education, the arts, including musical and visual arts, environmental protection, and such other studies as may be prescribed by the local board of education. Instruction in handwriting shall include cursive writing so that students are able to create readable documents through legible cursive handwriting by the end of the third grade. Moreover, the State Board of Education shall require the following courses for grades one through eight in all public schools to be phased in beginning with students entering grades one through eight in the 1995-96 scholastic year: English, social studies, mathematics, and science shall be taught each year in grades one through eight. English shall include, but not be limited to, material designed to develop language arts, such as reading, writing, speaking, and listening skills. Social studies shall emphasize geography and history of the United States and Alabama.

(g) The State Board of Education shall adopt necessary policies, procedures, rules, regulations, and/or standards to require college and university departments of education to review their existing educational programs for all prospective teachers in order to ensure that they are properly prepared to teach the courses required by law.

(h) The State Board of Education and all local boards shall develop and implement within ninety (90) days of July 7, 1995, a comprehensive character education program for all grades to consist of not less than ten minutes instruction per day focusing upon the students’ development of the following character traits: Courage, patriotism, citizenship, honesty, fairness, respect for others, kindness, cooperation, self-respect, self-control, courtesy, compassion, tolerance, diligence, generosity, punctuality, cleanliness, cheerfulness, school pride, respect for the environment, patience, creativity, sportsmanship, loyalty, and perseverance. Each plan of instruction shall include the Pledge of Allegiance to the American flag.

(i) The State Board of Education shall adopt necessary policies, procedures, rules, regulations, and/or standards to ensure quality vocational/technical education programs.

(j) Each local board of education shall certify on an annual basis to the State Board of Education that the applicable schools in the school district are meeting the cursive writing requirements under subsection (f). The State Board of Education may adopt rules to implement this subsection.

(Acts 1995, No. 95-313, p. 620, §2; Act 2005-312, 1st Sp. Sess., p. 639, §1; Act 2016-352, §1.)

§ 16-6B-2.1 Legislative Findings; Termination of Plans, Programs, Activities, Etc., Relative to the Common Core State Standards; Ceding Control Over Public Education Prohibited; Construction

(a) The Legislature finds that the State Board of Education, in the fall of 2013, voted to rescind the Memorandum of Agreement that involved the State of Alabama in adopting the Common Core State Standards, which ceded control of Alabama’s standards to entities other than the state and local educational agencies.

(b) The Legislature further finds that as part of the termination process, the 2017-2018 Alabama Final Consolidated State Plan superseded and terminated the flexibility waiver agreement with the United States Department of Education pertaining to the federal Every Student Succeeds Act, which includes the adoption of the Common Core State Standards.

(c) In order to codify the intent of the State Board of Education, the State of Alabama hereby terminates all plans, programs, activities, efforts, and expenditures relative to the implementation of the educational initiative commonly referred to as the Common Core State Standards.

(d) The Legislature further prohibits the adoption or implementation of any national standards or variations of national standards from any source that cede control of Alabama educational standards in any manner.

(e) The state shall retain sole control over the development, establishment, and revision of K-12 course of study standards.

(f) No education entity or any state official shall join any consortium or any other organization when participation in that consortium or organization would cede any measure of control over any aspect of Alabama public education to any such entity.

(g) Nothing in this section shall be construed to affect, prohibit, or inhibit the use of any of the following tools, standards, or certifications in the public K-12 schools, any college entrance examination, workforce skills assessment or examination, advanced placement course, career technical credential, national board certification, academic language therapy certification, Praxis or other core academic skills for educators test, armed service vocational aptitude test, or International Baccalaureate standard.

(Act 2022-249, §20.)

§ 16-6B-2.2 Alabama Workforce Pathways Act

(a) This section shall be known and may be cited as the Alabama Workforce Pathways Act.

(b)(1) The purpose of this section is to provide enhanced academic and skilled trades opportunities for Alabama students, and to facilitate the development of a career pathways diploma at the K-12 level that would enhance career and technical education opportunities for high school students who plan to enter the workforce immediately after graduation.

(2) The Legislature finds and declares that high school students need more than one pathway to earn a high school diploma in this state.

(c)(1) The State Board of Education shall establish a new Workforce Pathways diploma pathway at the K-12 level.

(2) Following the establishment of the Workforce Pathways diploma pathway, the State Department of Education shall develop the curriculum for this program within 120 days after its approval by the State Board of Education. The curriculum may include a listing of required credits, courses, competencies, and experiences necessary to earn a diploma though the workforce pathway.

(3) All K-12 students in this state shall earn the same high school diploma, regardless of which diploma pathway they follow; however, students enrolled in the Workforce Pathways diploma pathway shall only be required to complete two math credits and two science credits to earn their high school diploma instead of the four math credits and four science credits required of other students. The State Department of Education shall develop an identifying seal that is to be placed on any high school diploma earned by a student following the workforce pathway.

(4) In lieu of the math and science credits, students enrolled in the Workforce Pathways diploma pathway may earn credits that apply toward graduation by completing career and technical education courses, which help prepare those students to go directly into employment in their chosen field following high school graduation.

(d) The State Department of Education shall work with local boards of education throughout the state to implement the Workforce Pathways diploma pathway at the local level.

(e) Students who earn a diploma through the Workforce Pathway shall be eligible for admission to any postsecondary institution or public university in the state; provided, however, each institution and university shall maintain the ability to set its own admission requirements.

(f) When an alternative assessment is developed for students in the Workforce Pathways diploma pathway, that assessment may be considered in assigning an academic achievement grade to a school or school system.

(g) The State Board of Education may seek additional funding from the Legislature to construct, retrofit, or upgrade career and technical education centers throughout the state so that a career and technical education center is located within a reasonable distance from every high school in the state. While school systems with a larger population of students may need their own career and technical education center, school systems with smaller populations of students may share career and technical education centers.

(h) The Legislature may provide additional funding for the Alabama Short-Term Credential Program that provides scholarships to facilitate the participation of individuals in for-credit and non-credit courses provided through the Alabama Community College System offering training for in-demand careers in the region where the course is taught.

(Act 2024-126, §§1-4.)

§ 16-6B-3 Assistance Programs

(a) Student strategy. The superintendent of the local board of education along with the staff of each school shall develop an assistance program at each school for at-risk students performing below the standards set by the State Board of Education. The standards shall include the results of the required assessment program adopted by the State Board of Education with emphasis on students who are found to be at one or more grade levels below the prescribed norm. The local board of education shall budget at least one hundred dollars ($100) per student so identified to be expended on tutorial assistance programs including, but not limited to, after-school, Saturday school, or summer school, or any combination of these programs. These funds may be budgeted from state or federal funds. However, federal funds already budgeted for at-risk students may not be counted toward the minimum one hundred dollars ($100) requirement set aside to be expended for at-risk students as defined in this chapter. In addition, these funds may be expended for any of the following purposes:

(1) Programs to encourage at-risk five-year olds to attend an approved preschool program.

(2) Programs to identify at-risk students in the first grade.

(3) Programs to ensure strict enforcement of truancy laws.

(4) Programs to create alternative or disciplinary schools in which children who consistently exhibit behaviors or patterns of behaviors that interfere with the learning environment of other students would be placed and would be provided counseling and instruction in basic skills.

(5) Programs to encourage parental involvement of parents of at-risk children.

(6) Programs to encourage literacy of parents of at-risk children.

(b) School strategy. The State Board of Education shall develop an assistance program for a school in need of assistance. A school in need of assistance shall mean any school which has a majority of its students scoring one or more grade levels below the prescribed norm on the state adopted student assessments. Local superintendents and local boards of education will be expected to make the effort and commit the resources necessary to improve the instructional program for a school in need of assistance and shall be required to budget all funds earned by that school in the cost calculations of the Foundation Program. Local superintendents and local boards of education are encouraged to use assistance from the State Department of Education, colleges of education, accrediting agencies and other sources.

The State Board of Education’s plan for an assistance program shall consist of the following components:

(1) The faculty and staff of each school in need of assistance shall engage in a self-study to examine the problem of low achievement within that school and shall develop steps which may be taken to improve student achievement. Parents of students in the schools shall be consulted as part of this self-study.

(2) If, after two years, student achievement has not improved, the State Superintendent of Education shall designate a team of practicing professionals to visit the school, conduct a study, consult with parents of students in the school, analyze causes of poor student achievement, and make specific recommendations which shall become a part of a school improvement plan for the succeeding year.

(3) As a final step, when insufficient or no improvement as determined by the State Board of Education is evident from the implementation of steps one and two above, the State Superintendent of Education is required to intervene and to appoint a person or persons to run the day-to-day operation of the school. In considering intervention, the State Board of Education shall consider factors which may have affected the prescribed norm test score. Factors shall include drop-out rates, attendance rates, special education enrollment, and any other data necessary to properly interpret student achievement in each school.

(c) School system strategy. The State Board of Education shall develop an assistance program for a local board of education identified as being in need of assistance. A local board of education in need of assistance shall mean any local board of education which has a majority of its schools, or a majority of the students in a system, in which the students are scoring one or more grade levels below the prescribed norm.

The State Board of Education shall require a local board of education in need of assistance to do the following:

(1) The local board of education and the local superintendent with input from other administrators, teachers, staff, parents of students in the school, and the local community shall engage in a self-study to examine the problem of low achievement within the system and to develop steps which may be taken to improve student achievement.

(2) If, after two years, student achievement has not improved, the state superintendent shall develop a system-wide school improvement plan in consultation with teachers, parents of students in the school, and the local community. This school improvement plan shall become a part of the local board of education’s program and financial operations for the succeeding year.

(3) If, after the implementation of the school improvement plan, student achievement has not sufficiently improved, relative to the previous year’s performance, the State Board of Education shall require the State Superintendent of Education to intervene and assume the direct management and day-to-day operation of the local board of education for such period of time as may be necessary for student achievement to improve. In considering intervention, the State Board of Education shall consider factors which may have affected the prescribed norm test score. Factors shall include drop-out rates, attendance rates, special education enrollment, and any other data necessary to properly interpret student achievement in each system.

(d) It is the intent of the Legislature that intervention is not to occur when a school or school system scores below the prescribed average. Intervention by the State Board of Education is to occur only after the three-year period provided in this chapter during which a school or school system fails to show improvement. So long as improvement is being shown, the State Board of Education shall not intervene but shall continue to encourage the school to improve.

(Acts 1995, No. 95-313, p. 620, §3; Act 2000-753, p. 1705, §1.)

§ 16-6B-4 Financial Accountability

Following the analysis of the financial integrity of each local board of education as provided in subsection (a) or (b) of Section 16-13A-2, if a local board of education is determined to have submitted fiscally unsound financial reports, the State Department of Education shall provide assistance and advice. If during the assistance the State Superintendent of Education determines that the local board of education is in an unsound fiscal position, a person or persons shall be appointed by the State Superintendent of Education to advise the day-to-day financial operations of the local board of education. If after a reasonable period of time the State Superintendent of Education determines that the local board of education is still in an unsound fiscal condition, a request shall be made to the State Board of Education for the direct control of the fiscal operation of the local board of education. If the request is granted, the State Superintendent of Education shall present to the State Board of Education a proposal for the implementation of management controls necessary to restore the local school system to a sound financial condition. Upon approval by the State Board of Education, the State Superintendent of Education shall appoint an individual to be chief financial officer to manage the fiscal operation of the local board of education , until such time as the fiscal condition of the system is restored. The chief financial officer shall perform his or her duties in accordance with rules and regulations established by the State Board of Education in concert with applicable Alabama law. Any person appointed by the State Superintendent of Education to serve as chief financial officer to manage the fiscal operation of a local board of education shall be required to give bond with a surety company authorized to do business in Alabama and shall not be required to receive approval of the local superintendent to expend monies. The chief financial officer shall serve at the pleasure and under the direction of the State Superintendent of Education. The State Superintendent of Education, directly or indirectly through the chief financial officer, may direct or approve such actions as may in his or her judgment be necessary to: (1) Prevent further deterioration in the financial condition of the local board; (2) restore the local board of education to financial stability; and (3) enforce compliance with statutory, regulatory, or other binding legal standards or requirements relating to the fiscal operation of the local board of education. Nothing in Chapter 13A or this section shall be construed to deprive any employee of any procedural or substantive right that would otherwise be guaranteed to the employee under the United States Constitution and the laws of the State of Alabama.

(Acts 1995, No. 95-313, p. 620, §4; Act 2006-196, p. 275, §3.)

§ 16-6B-5 School Safety and Discipline Accountability

In addition to providing quality instruction in classrooms and fiscal soundness, all local boards of education shall be accountable for compliance with statutes and regulations regarding school safety and discipline. The State Department of Education shall send to all local boards of education and all local superintendents of education, on or before August 1 of each year, a manual containing all acts of the Legislature and all regulations promulgated by the State Board of Education which pertain to school safety and discipline. Within thirty (30) days of receipt of this manual, each local board of education shall provide to the State Board of Education a report, in the form prescribed by the State Department of Education, describing its compliance with these acts and regulations. If a local board of education is determined by the State Board of Education to have failed to comply in any material respect with these acts and regulations, the State Department of Education shall provide assistance to obtain compliance. If after one year, the State Board of Education determines that a local board of education refuses or fails to come into compliance with these acts and regulations, the State Superintendent of Education shall intervene in and assume the direct management and day-to-day operation of the local board of education for such period of time as the State Board of Education deems necessary to bring that local board of education into compliance with these acts and regulations.

(Acts 1995, No. 95-313, p. 620, §5.)

§ 16-6B-6 Release from Intervention

Management of a school or local board of education occasioned by state intervention based on student achievement or financial instability shall continue until such time as either condition improves to an acceptable level. The local board of education may petition the State Board of Education for release from state intervention by showing acceptable improvement in achievement or financial stability or other just cause for such release. The State Board of Education following a hearing shall have final determination on the matter of release from state intervention.

(Acts 1995, No. 95-313, p. 620, §6.)

§ 16-6B-7 Accountability Reports to the Public

(a) The local board of education shall prepare an annual accountability report for each school and area vocational/technical center under its jurisdiction, and for itself, to be provided to the public under regulations promulgated by the State Board of Education. Such accountability reports shall include, but not be limited to, all of the following:

(1) A Funding and Expenditure Report which shall include those documents specified in Section 16-6B-4 and which shall include the amount of Foundation Program funds or vocational/technical education funds, or both, earned and of all funds expended and any other data deemed necessary by the local board of education or the State Board of Education to inform the public about the financial status of each school.

(2) A Student Achievement Report which shall include a comparison of the immediately previous school year with the previous five years regarding student performance on testing required by the State Board of Education, dropout rates, attendance rates, graduation rates, college attendance, and any other data deemed necessary by the local board of education or the State Board of Education to inform the public about student achievement in each school.

(3) A School Safety and Discipline Report which shall include statistical information relating to student safety and discipline in each school and any other data deemed necessary by the local board of education or the State Board of Education to inform the public about safety and discipline in each school.

(b) These reports shall be released to the media, presented to parent organizations, members of the Legislature who represent the schools covered in each report, and the State Superintendent of Education. These reports shall be made available to the public upon request on or before ninety (90) days after the end of the fiscal year.

(Acts 1995, No. 95-313, p. 620, §7.)

§ 16-6B-8 Participation in Foundation Program

(a) In order for a local board of education to participate in the state Foundation Program certain conditions shall be met. The teacher salary schedule of the local board of education shall be at least 100 percent of the amount specified within the State Minimum Salary Schedule delineated by cell for the type of degree and years of experience of each teacher. All funds allocated to a local board of education for teacher salaries shall be spent for salaries in the instructional program.

(b) In order for a local board of education to participate in the state Vocational/Technical Education Program certain conditions shall be met. The teacher salary schedule of the local board of education shall be at least 100 percent of the amount specified within the State Minimum Salary Schedule adjusted for extended contracts delineated by cell for the type of degree and years of experience of each teacher. All funds allocated to a local board of education for teacher salaries shall be spent for salaries in the instructional program.

(c) Each area vocational center shall earn a principal (director) and shall continue to earn a counselor should it have received a counselor unit in 1994-95. Further, it is the intent of the Legislature that area vocational centers that are serving more than one school system continue to do so. Each participating local board shall assume a pro rata share of the cost of personnel and operating cost of the vocational center. However, should any local board choose in the future to withdraw from participation in an area vocational center, such local board shall assume its pro rata share of the cost of personnel and operating expenses occurring as a result of its withdrawal. If no satisfactory financial agreement can be reached between that local board and other participating local boards, the State Superintendent of Education shall conduct an inquiry and shall render a decision which shall be final and binding. Finally, as a result of hold harmless and federal requirements of maintenance of effort, no local board shall be permitted to spend fewer state dollars for vocational/technical education than it did during the 1994-95 school year.

(Acts 1995, No. 95-313, p. 620, §8; Act 2000-757, p. 1724, §1.)

§ 16-6B-9 Salary Allocations

No funds shall be transferred by any board of education from salary allocations to any other expenditure or for any other purpose. In times of proration, salaries shall not be subject to proration.

(Acts 1995, No. 95-313, p. 620, §9.)

§ 16-6B-10 Budget Requirements for Foundation and Vocational/Technical Education Program

(a) Foundation Program. It is the intent of the Legislature to see that funds allocated for classroom instructional support actually reach the classroom. To that end, the State Department of Education shall monitor the flow of funds appropriated for various instructional purposes. Classroom instructional support shall be defined as those funds appropriated for instructional supplies, library enhancement, textbooks, technology and professional development. The Legislature believes that the classroom instructional support funds have a direct impact upon the ability of classroom teachers to have the resources and assistance necessary to assist them in the performance of their responsibilities. School budgets for instructional supplies shall be developed within each school as is required by Section 16-1-30 relating to the adoption of school board policies. It is the intent of the Legislature that teachers shall have direct input in the development of their school’s budget for classroom instructional support and in the expenditure of these funds. The Legislature realizes that teachers and principals cannot be held accountable unless they have the authority to use resources provided them by legislative appropriations. As each school’s budget is developed, local boards of education shall ensure principals and classroom teachers are given the opportunity to participate in decisions concerning the appropriate use and expenditure of classroom instructional support funds. Where the principal or the teachers have not been granted the right to have direct input in the development of their school’s budget or are restrained in the expenditure of instructional supply funds, they may petition the State Superintendent of Education for relief pursuant to rules and regulations promulgated by the State Department of Education. Because the Legislature believes classroom instructional support funds to be critically important, the following conditions will apply to the budgeting process of each local board of education:

(1) Classroom instructional materials and supplies must be budgeted for all teachers at the rate appropriated per teacher unit by the Legislature in the Foundation Program.

(2) Textbook funds must be budgeted for all students based on the rate appropriated per student by the Legislature in the Foundation Program.

(3) Technology funds must be budgeted for all teachers based on their rate appropriated per teacher unit by the Legislature in the Foundation Program.

(4) Professional development funds must be budgeted for all teachers based on the rate appropriated per teacher unit by the Legislature in the Foundation Program.

(5) Library enhancement funds must be budgeted for all teachers based on the rate appropriated per teacher unit by the Legislature in the Foundation Program. The library enhancement appropriation shall be for K-12 Public School Library/Media Centers and is an absolute appropriation. Expenditures may include books, book binding, repair, CD Roms, computer software, computer equipment, cataloging, audiovisual materials, newspapers, magazines, recordings, and video tapes.

(6) In addition to classroom instructional support, leave (sick and personal) must be budgeted for all teachers based on the number of days and the rate per day used by the Legislature in calculating the cost in the Foundation Program.

(7) The principal of a local school in consultation with the teacher(s) so affected may request a waiver from subdivisions (2) through (5). The waiver shall be presented to the local superintendent of education. Upon concurrence, the local superintendent of education shall request a waiver from the State Superintendent of Education, which application shall be deemed to be granted unless affirmatively rejected in writing by the state superintendent within 30 days of its receipt.

(b) Vocational/Technical Education Program. It is the intent of the Legislature to see that funds allocated for classroom instructional support actually reach the classroom. To that end, the State Department of Education shall monitor the flow of funds appropriated for various instructional support which shall be defined as those funds appropriated for instructional supplies, textbooks, technology, and professional development. The Legislature believes that the classroom instructional support funds have a direct impact upon the ability of classroom teachers to have the resources and assistance necessary to assist them in the performance of their responsibilities. School budgets for classroom instructional support shall be developed within each school as it is required by Section 16-1-30. It is the intent of the Legislature that teachers shall have direct input in the development of their school’s budget for classroom instructional support and in the expenditure of these funds. The Legislature realizes that teachers and principals cannot be held accountable unless they have the authority to use resources provided them by legislative appropriations. As each school’s budget is developed, local boards of education shall ensure classroom teachers are given the opportunity to make decisions concerning the appropriate use and expenditures of classroom instructional support funds. Where the principal or the teachers have not been granted the right to have direct input in the development of their school’s budget or are restrained in the expenditure of classroom instructional support funds, they may petition the State Superintendent of Education for relief pursuant to rules and regulations promulgated by the State Department of Education. Because the Legislature believes classroom instructional support funds to be critically important, the following conditions will apply to the budgeting process of each local board of education:

(1) Classroom instructional materials and supplies must be budgeted for all teachers at the rate appropriated per teacher unit by the Legislature in the Vocational/Technical Education Program.

(2) Textbook funds must be budgeted for all students based on the rate appropriated per student by the Legislature in the Vocational/Technical Education Program.

(3) Professional development funds must be budgeted for all teachers based on the rate appropriated per teacher unit by the Legislature in the Vocational/Technical Education Program.

(4) In addition to classroom instructional support, leave (sick and personal) must be budgeted for all teachers based on the number of days and rate per day used by the Legislature in calculating the cost in the Vocational/Technical Education Program.

(5) The principal of a local school in consultation with the teacher(s) so affected may request a waiver from subdivisions (2) and (3). The waiver shall be presented to the local superintendent of education. Upon concurrence, the local superintendent of education shall request a waiver from the State Superintendent of Education, which application shall be deemed to be granted unless affirmatively rejected in writing by the state superintendent within 30 days of its receipt.

(Acts 1995, No. 95-313, p. 620, §10; Act 98-320, p. 544, §12.)

§ 16-6B-11 Paperwork Reduction Committee

[Repealed]

(Acts 1995, No. 95-313, p. 620, p. 629, §11, Act 2001-475, p. 636, §1; Act 2025-410, §2.)

§ 16-6B-11.1 Alabama Teacher Paperwork Streamlining Act

(a) This section shall be known and may be cited as the Alabama Teacher Paperwork Streamlining Act.

(b) The purpose of this section is to accomplish all of the following:

(1) Streamline and reduce the paperwork burdens placed on Alabama teachers related to the required documentation for the Alabama Literacy Act, the Alabama Numeracy Act, other laws or policies where paperwork may be reduced or streamlined in a compliant manner, and other educational programs.

(2) Improve teacher morale and retention by reducing noninstructional administrative burdens.

(c) The State Department of Education shall do all of the following:

(1) Work with local boards of education to create a unified digital platform that consolidates the required documentation for the Alabama Literacy Act as determined by the Literacy Task Force, Alabama Numeracy Act as determined by the Elementary Mathematics Task Force, other laws or policies where paperwork may be reduced or streamlined in a compliant manner, and other relevant educational programs into a single, user-friendly system.

(2) Collaborate with stakeholders including, but not limited to, teachers, administrators, and legal experts, to:

a. Eliminate redundant documentation requirements across different programs;

b. Standardize forms and reporting formats to reduce complexity and time spent on paperwork; and

c. Ensure that documentation requirements align with state and federal rules and regulations, while reducing unnecessary paperwork.

(3) Develop and implement, beginning with the 2026-2027 school year, a system of data sharing among the Alabama Literacy Act as determined by the Literacy Task Force, the Alabama Numeracy Act as determined by the Elementary Mathematics Task Force, other laws or policies where paperwork may be reduced or streamlined in a compliant manner, and other educational programs to ensure that information entered once is able to be used across multiple documentation platforms to reduce repetitive input by teachers.

(4) Work with the Alabama Public Education Paperwork Reduction Committee taking into consideration ongoing efforts to effectively streamline paperwork to avoid duplication of efforts.

(5) Annually review and audit all paperwork requirements to assess if further streamlining is necessary. The department shall actively solicit input from teachers during the annual review process.

(d)(1) The Alabama Public Education Paperwork Reduction Committee is created. The committee shall consist of teachers representing all grade levels and as many subject matters as practicable. The committee shall include one principal, one curriculum director, one special education coordinator, one instructional coach, and one interventionist. Not less than 75 percent of the membership of the committee shall consist of nonadministrative teachers actively engaged in full-time classroom instruction.

(2)a. The organizational meeting of the committee shall be held no later than September 1, 2025. At the organizational meeting, and annually thereafter, the membership of the committee shall elect a chair from among its membership. The committee shall meet quarterly to assess the effectiveness of paperwork streamlining measures, offer recommendations for further improvement, and ensure that teachers’ needs are being met in the areas of paperwork reduction. If more than 100 days have elapsed since the last meeting of the committee, a meeting may be called by the chair or by written petition of a majority of the membership of the committee.

b. Members of the committee may participate in a meeting of the committee by means of telephone conference, video conference, or similar communications equipment by means of which all members participating in the meeting may hear each other at the same time. Participation by such means shall constitute presence in person at a meeting for all purposes, including constituting a quorum.

(3) The State Superintendent of Education shall solicit applications from teachers to serve on the committee. From those applications, the state superintendent shall submit recommendations to the State Board of Education for appointment to a two-year term. The nominating and appointing authorities shall coordinate their nominations and appointments to assure the committee membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. Vacancies shall be filled in a like manner.

(4) The committee shall submit a report to the State Superintendent of Education after each meeting. The report shall include recommendations for reducing paperwork requirements for public school teachers and an overview detailing the effectiveness of existing measures. The State Superintendent of Education shall respond, in writing, to the recommendations of the committee and shall submit each report, with his or her response, to the State Board of Education for discussion during the next board meeting. No additional required paperwork mandate shall be implemented by the State Department of Education or State Board of Education without first vetting the requirement with and receiving approval from the committee.

(5) Members of the committee shall not be compensated for their service but may be reimbursed their actual expenses for attending committee meetings. A local board of education shall provide any teacher appointed to the committee with permission to attend committee meetings and may not deduct from that teacher’s leave or pay for his or her attendance of committee meetings.

(e)(1) All local boards of education shall comply with this section and the requirements developed by the department regarding the use of the streamlined paperwork system. The State Department of Education shall conduct annual audits to ensure compliance with these requirements.

(2) Any local board of education failing to implement the streamlined documentation system shall face corrective action including, but not limited to, retraining of administrators or other measures to ensure compliance with this section.

(f) The Legislature shall allocate necessary funding to the State Department of Education to support the development and maintenance of the unified digital platform, training for teachers, and support for local boards of education in streamlining paperwork in alignment with the Renewing Alabama’s Investment in Student Excellence (RAISE) Act, as appropriate.

(Act 2025-410, §1.)

§ 16-6B-12 Conflicting and Specific Laws Repealed; State Board of Education to Review and Develop Policies

All laws or parts of laws which conflict with this chapter are hereby repealed and specifically Sections 16-3-15, 16-3-17.2, 16-3-18.2, 16-3-18.4 and 16-13-15 are hereby repealed. Notwithstanding the repeal of the foregoing sections, the State Board of Education shall review and develop appropriate policies regarding at-risk students, social promotion, and school accreditation.

(Acts 1995, No. 95-313, p. 620, §13.)

Chapter 6C School Grading System and Legislative School Performance Recognition Program

§ 16-6C-1 Legislative Findings

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

(b) The Legislature also finds that there is a need for a program to reward public K-12 schools in Alabama that demonstrate high achievement. The Legislature further finds that performance-based incentives and increased autonomy are commonplace in the private sector and should be infused into the public sector as a reward for productivity.

(Act 2012-402, p. 1098, §1.)

§ 16-6C-2 School Grading System

(a) In addition to any other labels or designations assigned to public schools and public school districts pursuant to a federal, state, school, district, or other assessment or accountability system, the State Superintendent of Education, consistent with this chapter, shall develop a school grading system reflective of school and district performance. The grading system shall utilize the traditional A, B, C, D, or F framework.

(1) Schools receiving a grade of “A” are making excellent progress.

(2) Schools receiving a grade of “B” are making above average progress.

(3) Schools receiving a grade of “C” are making satisfactory progress.

(4) Schools receiving a grade of “D” are making less than satisfactory progress.

(5) Schools receiving a grade of “F” are failing to make adequate progress.

(b) In developing this school grading system, the State Superintendent of Education shall seek input from parents, teachers, school administrators, existing State Department of Education advisory groups or task forces, and other education stakeholders on how the system can properly reflect not only the overall academic proficiency of each public school but also the academic improvements made by each public school, along with other key performance indicators that give a total profile of the school or the school system, or both.

(c) The State Superintendent of Education shall prescribe the design and content of the school grading system by not later than December 31, 2012. It is the intent of the Legislature that the system be in place by no later than the 2013-2014 school year. The system may not be utilized by the State Superintendent of Education or the State Department of Education until sufficient rules have been adopted by the State Board of Education pursuant to the Alabama Administrative Procedure Act.

(d) Using an easy to understand grading scale, the school grading system shall describe achievement in the state, each district, and each school. Additionally, the State Superintendent of Education shall not be precluded from also assigning grades to school feeder patterns or grades that reflect the fiscal health and fiscal efficiency of a school or school system.

(e) The State Superintendent of Education shall make these grades available to the general public and shall post these grades on the website of the State Department of Education as soon as the grades are available. Additionally, appropriate grade information shall be delivered to the parent or guardian of each public school student at least once annually in the same manner that student report cards are currently delivered.

(f)(1) Using state-authorized assessments and other key performance indicators that give a total profile of the school or the school system, or both, a school’s grade, at a minimum, shall be based on a combination of student achievement scores, achievement gap, college and career readiness, learning gains, and other indicators as determined by the State Superintendent of Education to impact student learning and success.

(2)a. Commencing with the 2021-2022 school year, the academic achievement of each student identified as an English language learner who has not shown proficiency on ACCESS for EL, or other state-approved English proficiency assessment, may not be considered in assigning an academic achievement grade to a school or school system for the first five years of enrollment of the student. The educational progress of each of these students shall continue to be measured in the academic growth category and the progress in English language proficiency category, and, at the end of the five-year period for the student, his or her proficiency shall again be considered in assigning an academic achievement grade to a school or school system on the state A-F school grading system.

b. Commencing with the 2024-2025 school year, the academic achievement of each student identified as a transfer student from a nonpublic school may not be considered in assigning an academic achievement grade to a school or school system for the first three years of enrollment of the transfer student. The educational progress of each of these transfer students shall continue to be measured in the academic growth category, and, beginning with the fourth year of enrollment of the transfer student, his or her academic achievement shall be considered in assigning an academic achievement grade to a school or school system on the state A-F school grading system.

(3) The State Superintendent of Education may not amend the state Every Student Succeeds Act option for including test scores of English language learners enrolled in United States schools. The option provides as follows: For the first year of enrollment, the test scores shall be reported, but the results on both the reading/language arts and math tests shall be excluded from the federal accountability system; for the second year of enrollment, a measure of student growth on both tests shall be included in the federal accountability system; and for the third year of enrollment, proficiency on both tests shall be included in the federal accountability system. Additionally, the option requires English language learners who have successfully left the English language learner subgroup by attaining English proficiency to be included in that subgroup for accountability purposes for four years.

(g) The A-F school grading system shall be consistently applied so that grades of one school or system may be compared to the grades of any other school or system.

(Act 2012-402, p. 1098, §2; Act 2022-374, §1; Act 2024-389, §1.)

§ 16-6C-3 Legislative School Performance Recognition Program

(a) The Legislative School Performance Recognition Program is created within the State Department of Education to reward public schools that either:

(1) Demonstrate high performance by being ranked in the top 25 percent of public schools, as ranked in the school grading system created in Section 16-6C-2.

(2) Demonstrate exemplary progress by improving the overall annual ranking of the school by at least one letter grade, as ranked in the school grading system created in Section 16-6C-2.

(b) All public schools that are ranked in the school grading system created in Section 16-6C-2 are eligible to participate in the program.

(c) The State Superintendent of Education shall prescribe guidelines for how the program shall be administered and implemented by not later than December 31, 2013, but the program may not be implemented by the State Superintendent of Education or the State Department of Education until both of the following have occurred:

(1) Rules governing how the program is to be administered and implemented have been promulgated by the State Department of Education pursuant to the Alabama Administrative Procedure Act.

(2) The school grading system created in Section 16-6C-2 is in its second academic year of implementation.

(d) In developing the program, the State Superintendent of Education shall seek input from parents, teachers, school administrators, existing State Department of Education advisory groups or task forces, and other education stakeholders on how the program may properly reflect not only the overall academic proficiency of each public school but also the academic improvements made by each public school.

(e) Selected schools shall receive financial awards depending on the availability of funds appropriated by the Legislature to the program. The State Superintendent of Education shall distribute funds to eligible schools on a competitive basis based on the criteria set forth in this section as well as in the rules governing how the program is to be administered and implemented. When funds are awarded, the State Superintendent of Education may award no more than 20 percent of the total appropriation to those schools eligible for an award pursuant to subdivision (1) of subsection (a). Any remaining amounts shall be awarded to those schools eligible for an award pursuant to subdivision (2) of subsection (a). No school may be eligible for an award pursuant to both subdivision (1) and subdivision (2) of subsection (a) at the same time.

(f) Subject to the rules governing how the program is to be administered and implemented, a school eligible for an award pursuant to subdivision (1) or subdivision (2) of subsection (a) shall be exempt from any statute or regulation related to the prescribed use of funds at the school level, or any categorical spending requirements imposed through the appropriation of funds from the state, except those requirements associated with the receipt of federal funds. A school eligible for an award pursuant to subdivision (1) or subdivision (2) of subsection (a) shall be eligible for the flexibility provided by this subsection regardless of whether the school receives a financial award as contemplated by subsection (e).

(g) A list of schools eligible for an award pursuant to subdivision (1) or subdivision (2) of subsection (a) shall be annually posted by the State Superintendent of Education on the website of the department.

(Act 2012-402, p. 1098, §3.)

Chapter 6D Alabama Accountability Act of 2013

§ 16-6D-1 Short Title

This chapter shall be known and may be cited as the Alabama Accountability Act of 2013.

(Act 2013-64, p. 112, §1.)

§ 16-6D-2 Purpose

(a) Innovative schools and school systems may be established in Alabama in accordance with this chapter.

(b) The purpose of this chapter is to advance the benefits of local school and school system autonomy in innovation and creativity by allowing flexibility from state laws, regulations, and policies.

(Act 2013-64, p. 112, §2.)

§ 16-6D-3 Legislative Findings and Intent

(a) The Legislature finds and declares all of the following:

(1) To further the goals of public education throughout the state, each school system should be able to have maximum possible flexibility to meet the needs of students and the communities within its jurisdiction.

(2) There is a critical need for innovative models of public education that are tailored to the unique circumstances and needs of the students in all schools and communities, and especially in schools and communities that are struggling to improve academic outcomes and close the achievement gap.

(3) To better serve students and better use available resources, local boards of education, local school systems, and parents need the ability to explore flexible alternatives in an effort to be more efficient and effective in providing operational and programmatic services.

(b) Therefore, it is the intent of the Legislature to do all of the following:

(1) Allow school systems greater flexibility in meeting the educational needs of a diverse student population.

(2) Improve educational performance through greater individual school autonomy and managerial flexibility with regard to programs and budgetary matters.

(3) Encourage innovation in education by providing local school systems and school administrators with greater control over decisions including, but not limited to, budgetary matters, staffing, personnel, scheduling, and educational programming, including curriculum and instruction.

(4) Provide financial assistance through an income tax credit to a parent who transfers a student from a priority public school to a qualifying public school or nonpublic school of the parent’s choice.

(Act 2013-64, p. 112, §3; Act 2023-418, §1.)

§ 16-6D-4 Definitions

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

(1) ACADEMIC YEAR. The 12-month period beginning on July 1 and ending on the following June 30.

(2) DEPARTMENT OF REVENUE. The Alabama Department of Revenue.

(3) EDUCATIONAL SCHOLARSHIP. A grant made by a scholarship granting organization to an eligible student to cover all or part of the tuition and mandatory fees for one academic year charged by a qualifying school to the eligible student receiving the scholarship; provided, however, that an educational scholarship shall not exceed ten thousand dollars ($10,000) per student per academic year. The term does not include a lump sum, block grant, or similar payment by a scholarship granting organization to a qualifying school which assigns the responsibility in whole or in part for determining the eligibility of scholarship recipients to the qualifying school or any person or entity other than the scholarship granting organization.

(4) EDUCATIONAL SERVICE PROVIDER. A licensed and accredited program or service providing educational services for students with unique needs and approved by the State Department of Education.

(5) ELIGIBLE STUDENT.

a. A student who satisfies all of the following:

1. Is a member of a family whose total annual income the calendar year before he or she receives an educational scholarship under this program does not exceed 250 percent of the federal poverty level.

2. Was eligible to attend a public school in the preceding semester or is starting school in Alabama for the first time.

3. Resides in Alabama while receiving an educational scholarship.

b. A scholarship granting organization shall determine the eligibility of a student under subparagraph a.1. every other academic year in which a student receives an educational scholarship; provided that if the annual income of the family of a student who has received at least one educational scholarship exceeds 250 percent of the federal poverty level, the existing student shall remain eligible to receive educational scholarships until and unless the annual income of the family of the student exceeds 350 percent of the federal poverty level; provided further, that no student who has received at least one educational scholarship shall be eligible to receive educational scholarships if the annual income of his or her family exceeds 350 percent of the federal poverty level.

(6) ELIGIBLE STUDENT WITH UNIQUE NEEDS. A student who satisfies all of the following:

a. Is the subject of a current Individual Education Plan, as defined in the Individuals with Disabilities Act, or 504 accommodation that has been issued according to Section 504 of the Rehabilitation Act of 1973. This includes, but is not limited to, a student who has an intellectual disability or is speech or language impaired, deaf or hard of hearing, visually impaired, dual sensory impaired, physically impaired, specific learning disabled, autistic, or hospitalized or home bound because of illness or disability.

b. Has attended a primary or secondary school in this state during the immediately preceding school year.

c. Is not currently enrolled in a public school or public school program.

d. Is eligible to participate in the program regardless of the academic performance of the resident school district.

e. Resides in Alabama while receiving an educational scholarship.

(7) FAMILY. A group of two or more people related by birth, marriage, or adoption, including foster children, who reside together.

(8) FLEXIBILITY CONTRACT. A school flexibility contract between the local school system and the State Board of Education wherein a local school system may apply for programmatic flexibility or budgetary flexibility, or both, from state laws, rules, and policies, including rules and policies adopted by the State Board of Education and the State Department of Education.

(9) INNOVATION PLAN. The request of a local school system for flexibility and plan for annual accountability measures and five-year targets for all participating schools within the school system.

(10) LOCAL BOARD OF EDUCATION. A city or county board of education that exercises management and control of a local school system pursuant to state law.

(11) LOCAL SCHOOL SYSTEM. A public agency that establishes and supervises one or more public schools within its geographical limits pursuant to state law.

(12) NONPUBLIC SCHOOL. Any nonpublic or private school, including parochial schools, not under the jurisdiction of the State Superintendent of Education and the State Board of Education, providing educational services to children. A nonpublic school provides education to elementary or secondary, or both, students and has notified the Department of Revenue of its intention to participate in the scholarship program and comply with the requirements of the scholarship program. A nonpublic school does not include home schooling.

(13) PARENT. The parent or guardian of a student, with authority to act on behalf of the student. For purposes of Section 16-6D-8, the parent or guardian shall claim the student as a dependent on his or her Alabama state income tax return.

(14) PRIORITY SCHOOL. A public K-12 school that is either of the following:

a. Is designated as a priority school by the State Superintendent of Education.

b. Does not exclusively serve a special population of students and has received a D or an F on the most recent state report card.

(15) PRIVATE TUTORING. Tutoring services provided by a tutor certified by the state or accredited by a regional or national accrediting organization.

(16) PROGRAM. The Alabama Accountability Act Scholarship Program.

(17) QUALIFYING EXPENSES TO EDUCATE AN ELIGIBLE STUDENT WITH UNIQUE NEEDS:

a. Tuition and fees at a qualifying school.

b. Textbooks required by a qualifying school.

c. Payment to a licensed or accredited tutor.

d. Payment for the purchase of curriculum or instructional material.

e. Tuition and fees for an approved nonpublic online learning program.

f. Educational services for an eligible student with unique needs from a licensed or accredited practitioner or provider.

g. Contracted services from a public school district, including individual classes.

(18) QUALIFYING SCHOOL.

a. Either a public school outside of the resident school district that is not considered a priority school or any nonpublic school and that satisfies the requirements of this subdivision. A qualifying nonpublic school shall be accredited by one of the six regional accrediting agencies or the National Council for Private School Accreditation, AdvancEd, the American Association of Christian Schools, or one of their partner accrediting agencies. A nonpublic school shall have three years from the later of the date the nonpublic school notified the Department of Revenue of its intent to participate in the scholarship program or June 10, 2015, to obtain the required accreditation and shall thereafter maintain accreditation as required by this subdivision. During the three-year period described in the immediately preceding sentence, a nonpublic school that is not accredited shall satisfy all of the following conditions until the nonpublic school obtains accreditation:

1. Has been in existence for at least three years.

2. Has daily attendance of at least 85 percent over a two-year period.

3. Has a minimum 180-day school year, or its hourly equivalent.

4. Has a day length of at least six and one-half hours.

5. Requires all students to take the Stanford Achievement Test, or its equivalent.

6. Requires all candidates for graduation to take the American College Test before graduation.

7. Requires students in high school in grades nine through 12 to earn a minimum of 24 credits before graduating, including 16 credits in core subjects, and each awarded credit shall consist of a minimum of 140 instructional hours.

8. Does not subject eligible students with unique needs to the same testing or curricular requirements as regular education students if it is not required in the individual plan for the student.

9. Maintains a website that describes the school, the instructional program of the school, and the tuition and mandatory fees charged by the school, updated prior to the beginning of each semester.

10. Annually affirms on forms prescribed by the scholarship granting organization and the Department of Revenue its status financially and academically and provide other relative information as required by the scholarship granting organization or as otherwise required in this chapter.

b. A nonpublic school that is not accredited and that has not been in existence for at least three years shall nevertheless be considered a qualifying school if, in addition to satisfying the requirements in subparagraphs a.2. to a.10., inclusive, the nonpublic school operates under the governance of the board of directors or the equivalent thereof of an accredited nonpublic school. For purposes of the immediately preceding sentence, the term “governance” shall include, but not be limited to, curriculum oversight, personnel and facility management, and financial management. If, at the conclusion of the three-year period in which a nonpublic school is required to obtain accreditation, a nonpublic school is not accredited, the nonpublic school shall not be considered a qualifying school and shall not receive any funds from a scholarship granting organization until the nonpublic school obtains the accreditation required by this subdivision.

(19) RESIDENT SCHOOL DISTRICT. The public school district in which the student resides.

(20) SCHOLARSHIP GRANTING ORGANIZATION. An organization that provides or is approved to provide educational scholarships to eligible students and eligible students with unique needs attending qualifying schools of their parents’ choice.

(Act 2013-64, p. 112, §4; Act 2013-265, p. 894, §1; Act 2015-434, p. 1382, §1; Act 2023-418, §1.)

§ 16-6D-5 Innovative School System Requirements and Procedures

(a) Pursuant to this chapter, to be considered as an innovative school system, a local school system shall successfully comply with the requirements and procedures set forth by the State Department of Education regarding school flexibility contracts, which include, but are not limited to:

(1) Submission to the State Department of Education of a letter of intent to pursue a school flexibility contract.

(2) Submission to the State Department of Education of a resolution adopted by the local board of education supporting the intent of the local school system to pursue a school flexibility contract.

(3) Submission to the State Department of Education of a document of assurance stating that the local board of education shall provide consistency in leadership and a commitment to state standards, assessments, and academic rigor.

(4) Submission to the State Board of Education of a resolution adopted by the local board of education supporting the flexibility contract proposal and the anticipated timeline of the local school system.

(b) Pursuant to State Board of Education rules, each local school system shall provide an opportunity for full discussion and public input, including a public hearing, before submitting a school flexibility contract proposal to the State Board of Education.

(c) A local school system shall ensure that its school flexibility contract proposal and innovation plan is easily accessible to the general public on the website of the local school system.

(d) No school flexibility contract proposal or innovation plan shall be used to allow the collection or dissemination of data in a manner that violates the privacy rights of any student or employee.

(Act 2013-64, p. 112, §5; Act 2013-265, p. 894, §1.)

§ 16-6D-6 Innovation Plan

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) An outline of procedures and necessary steps that a local school system shall follow, upon denial of an original submission, to amend and resubmit an innovation plan and school flexibility contract for approval.

(Act 2013-64, p. 112, §6; Act 2023-418, §1.)

§ 16-6D-7 Equal Opportunity for Applicants

The State Board of Education and the State Department of Education shall ensure equal opportunity for all school systems that apply for programmatic flexibility or budgetary flexibility, or both, as delineated in this chapter, and in no way shall one local school system be favored over another local school system based upon its size, location, student population, or any other possible discriminatory measure.

(Act 2013-64, p. 112, §7.)

§ 16-6D-8 Tax Credits; Priority Schools Income Tax Credit Account

(a) To provide educational flexibility and state accountability for students in priority schools:

(1) For tax years beginning on and after January 1, 2013, an Alabama income tax credit is made available to the parent of a student enrolled in or assigned to attend a priority school to help offset the cost of transferring the student to a qualifying public school or nonpublic school of the parent’s choice. The income tax credit shall be an amount equal to 80 percent of the average annual state cost of attendance for a public K-12 student during the applicable tax year or the actual cost of attending a qualifying public school or nonpublic school, whichever is less. The actual cost of attending a qualifying public school or nonpublic school shall be calculated by adding together any tuition amounts or mandatory fees charged by the school to the student as a condition of enrolling or of maintaining enrollment in the school. The average annual state cost of attendance for a public K-12 student shall be calculated by dividing the state funds appropriated to the Foundation Program pursuant to Section 16-13-231(b)(2) by the total statewide number of pupils in average daily membership during the first 20 scholastic days following Labor Day of the preceding school year. For each student who was enrolled in and attended a priority school the previous semester whose parent receives an income tax credit under this section, an amount equal to 20 percent of the average annual state cost of attendance for a public K-12 student during the applicable tax year shall be allocated, for as long as the parent receives the tax credit, to the priority school from which the student transferred if the student transfers to and remains enrolled in a nonpublic school. No such allocation shall be made in the event the student transfers to or enrolls in a qualifying public school. The Department of Education shall determine the best method of ensuring that the foregoing allocation provisions are properly implemented. A parent is allowed a credit against income tax for each taxable year under the terms established in this section. If income taxes owed by such a parent are less than the total credit allowed under this subsection, the taxpayer shall be entitled to a refund or rebate, as the case may be, equal to the balance of the unused credit with respect to that taxable year.

(2) Any income tax credit due a parent under this section shall be granted or issued to the parent only upon his or her making application therefor, at such time and in such manner as may be prescribed from time to time by the Department of Revenue. The application process shall include, but not be limited to, certification by the parent that the student was enrolled in or was assigned to attend a priority school, certification by the parent that the student was subsequently transferred to, and was enrolled and attended, a qualifying public school or nonpublic school of the parent’s choice, and proof, satisfactory to the Department of Revenue, of the actual cost of attendance for the student at the qualifying public school or nonpublic school. For purposes of the tax credit authorized by this section, costs of attendance does not include any such costs incurred for an academic year prior to the 2013-2014 academic year. The Department of Revenue shall also prescribe the various methods by which income tax credits are to be issued to taxpayers. Income tax credits authorized by this section shall be paid out of sales tax collections made to the Education Trust Fund, and set aside by the Comptroller in the Priority Schools Income Tax Credit Account created in subsection (i), in the same manner as refunds of income tax otherwise provided by law, and there is hereby appropriated therefrom, for such purpose, so much as may be necessary to annually pay the income tax credits provided by this section.

(3) An application for an income tax credit authorized by this section shall be filed with the Department of Revenue within the time prescribed for filing petitions for refund under Section 40-2A-7.

(4) The Department of Revenue shall adopt reasonable rules to effectuate the intent of this subsection.

(b)(1) The parent of a public school student may request and receive an income tax credit pursuant to this section to reimburse the parent for costs associated with transferring the student from a priority school to a qualifying public school or nonpublic school of the parent’s choice, in any of the following circumstances:

a. By assigned school attendance area, if the student spent the prior school year in attendance at a priority school and the attendance of the student occurred during a school year in which the designation was in effect.

b. The student was in attendance elsewhere in the Alabama public school system and was assigned to a priority school for the next school year.

c. The student was notified that he or she was assigned to a priority school for the next school year.

(2) This section does not apply to a student who is enrolled in the Department of Youth Services School District.

(3) For the purposes of continuity of educational choice, the tax credit shall be available to parents for those grade levels of the priority school from which the student transferred. The parent of a student who transfers from a priority school may receive income tax credits for those grade levels enrolled in and attended in the qualifying public school or nonpublic school of the parent’s choice transferred to that were included in the priority school from which the student transferred, whether or not the priority school becomes a qualifying school during those years. The parent of such a student shall no longer be eligible for the income tax credit after the student completes the highest grade level in which he or she would otherwise have been enrolled at the priority school. Notwithstanding the foregoing, as long as the student remains enrolled in or assigned to attend a priority school, the parent may again transfer the student to a qualifying public school or nonpublic school of the parent’s choice and request and receive an income tax credit as provided in this section.

(c) A local school system, for each student enrolled in or assigned to a priority school, shall do both of the following:

(1) Timely notify the parent of the student of all options available under this section as soon as the school of attendance is designated as a priority school.

(2) Offer the parent of the student an opportunity to enroll the student in another public school within the local school system which is not a priority school or a priority school to which the student has been assigned.

(d) The parent of a student enrolled in or assigned to a school that has been designated as a priority school, who decides to transfer the student to a qualifying public school, shall first attempt to enroll the student in a qualifying public school within the same local system in which the student is already enrolled or assigned to attend before attempting to enroll the student in a qualifying public school that has available space in any other local school system in the state. A local school system may accept the student on whatever terms and conditions the system establishes and report the student for purposes of the local school system’s funding pursuant to the Foundation Program.

(e) For students in a local school system who are participating in the program, the local school system shall provide locations and times to take all statewide assessments required by law.

(f) Eligible students with unique needs who are eligible to receive services from the local school system under federal or state law, and who participate in the tax credit program, remain eligible to receive services from the local school system as provided by federal or state law. The local school system shall be reimbursed by the scholarship granting organization for all contracted services provided to an eligible student and an eligible student with unique needs.

(g) If a parent enrolls a student in a qualifying public school within the same local school system and that system provides transportation services for other enrolled students, transportation costs to the qualifying public school shall be the responsibility of the local school system. Local school systems may negotiate transportation options with a parent to minimize system costs. If a parent enrolls a student in a nonpublic school or in a qualifying public school within another local school system, regardless of whether that system provides transportation services for other enrolled students, transportation of the student shall be the responsibility of the parent.

(h) The State Department of Education shall adopt reasonable rules to effectuate the intent of this section. Rules shall include penalties for noncompliance.

(i) There is created within the Education Trust Fund a separate account named the Priority Schools Income Tax Credit Account. The Commissioner of Revenue shall certify to the Comptroller the amount of income tax credits due to parents under this section and the Comptroller shall transfer into the Priority Schools Income Tax Credit Account only the amount from sales tax revenues within the Education Trust Fund that is sufficient for the Department of Revenue to use to cover the income tax credits for the applicable tax year. The Commissioner of Revenue shall distribute the funds in the Priority Schools Income Tax Credit Account to parents pursuant to this section.

(j)(1) Nothing in this section or chapter shall be construed to force any public school, school system, or school district or any nonpublic school, school system, or school district to enroll any student.

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

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

(Act 2013-64, p. 112, §8; Act 2013-265, p. 894, §1; Act 2023-418, §1.)

§ 16-6D-9 Tax Credit Claims; Administrative Accountability; Verification of Requirements; Rules and Procedures

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. The total number of scholarships awarded and funded.

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

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

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

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

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

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

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

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

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

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

(2) FINANCIAL ACCOUNTABILITY STANDARDS.

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

1. Maintaining a 10 percent reserve balance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(h) Nothing in this chapter shall affect or change the athletic eligibility rules of student athletes governed by the Alabama High School Athletic Association or similar association.

(Act 2013-64, p. 112, §9; Act 2013-265, p. 894, §§1, 3; Act 2015-434, p. 1382, §1; Act 2022-390, §1; Act 2023-418, §1.)

Chapter 6E Educational Accountability and Intervention Act of 2013

§ 16-6E-1 Short Title

This chapter shall be known and may be cited as the Educational Accountability and Intervention Act of 2013.

(Act 2013-310, p. 1053, §1.)

§ 16-6E-2 Purpose

The purposes of this chapter include all of the following:

(1) To clarify and confirm the authority of the State Superintendent of Education to assume and exercise direct and comprehensive control over the decision making and operational functions of city and county boards of education when the demonstrated inability of such boards of education to discharge administrative, operational, or instructional functions threatens to deprive students of essential educational services.

(2) To simplify and streamline the exercise of decision making authority during educational intervention by, among other things, eliminating distinctions between policy making and administrative, academic, operational, financial, and organizational decision making functions performed by city and county boards of education that have impeded attainment of intervention objectives to the detriment of the educational process.

(3) To facilitate the implementation of such organizational reforms and accountability measures as may be necessary to restore and maintain stable and efficient provision of sound and educationally appropriate services at the local level, and to thereby enhance local and statewide support for public education.

(Act 2013-310, p. 1053, §2.)

§ 16-6E-3 Definitions

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

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

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

(3) PRIORITY SCHOOL. A school that has a majority of its students scoring one or more grade levels below the prescribed state-adopted student assessments or that is designated as a priority school by the State Superintendent of Education.

(Act 2013-310, p. 1053, §3.)

§ 16-6E-4 Intervention in Local Education Operations and Assumption of Control by State Board of Education

The State Board of Education may intervene in the educational operations of a city or county board of education and thereby assume general and direct control over all decision making and operational functions of the city or county board of education under and subject to the following terms and conditions:

(1) If the State Superintendent of Education determines that a majority of the schools in the system are priority schools, or the system is not in compliance with Chapter 13A of this title or the accreditation status of the system or a majority of the schools in the system has been placed on probation, or suspended, or revoked, or if any other formal disciplinary action has been ordered by the accrediting authority, the State Superintendent of Education shall issue a written notice to the local superintendent of education and the presiding officer of the city or county board of education to show cause why educational intervention should not be implemented. The notice shall specify the deficiencies within the operation of the city or county board of education, the steps that are required to be taken to correct the deficiencies, and a reasonable timetable for completing the corrective measures, which timetable may be extended by the State Superintendent of Education. The notice shall require that the recipient board provide a specific written response to the notice, which response shall be filed with the State Superintendent of Education not less than 21 calendar days after the date the notice was issued, unless the time for filing the response is extended by the State Superintendent of Education. In its response, the city or county board of education may offer reasons why intervention is not warranted or, in the alternative, a specific plan and timetable for correcting the deficiencies identified in the notice to show cause.

(2) If, based on the response of the city or county board of education to the notice to show cause or other relevant circumstances and considerations, the State Superintendent of Education determines that educational intervention is not warranted or should be deferred, the city or county board of education shall be notified of such determination.

(3) If, in light of the response of the city or county board of education, the State Superintendent of Education concludes that educational intervention is nonetheless warranted, but that the plan proposed by the city or county board of education for correcting the deficiencies set forth in the notice is acceptable, with or without such modifications as may be required by the State Superintendent of Education, the city or county board of education shall be notified of such determination. The plan, with any modifications thereto that may be required by the State Superintendent of Education, shall thereafter be implemented according to its terms.

(4) If the approved plan is not implemented or if the response to the notice to show cause does not include a plan that, in the judgment of the State Superintendent of Education, adequately addresses the deficiencies that prompted issuance of the notice, the State Superintendent of Education shall request in writing that the State Board of Education approve a resolution authorizing the State Superintendent of Education to intervene in the operations of the city or county board of education. The request of the State Superintendent of Education shall include a description of the conditions and circumstances supporting the request, a copy of the response of the city or county board of education to the notice to show cause why educational intervention should not be implemented, an explanation of why the response of the city or county board of education to the notice to show cause does not adequately address the deficiencies identified in the notice, and a proposed plan for correcting the deficiencies. The city or county board of education that is the subject of the request shall be notified thereof by the State Superintendent of Education and shall be provided with a copy of the request of the State Superintendent of Education and any material accompanying or submitted in support of the request. Before any vote of the State Board of Education on the request, the city or county board of education that is the subject of the request shall be afforded an opportunity to demonstrate in writing to the State Board of Education why such action is not warranted or should not be approved and to appear before the State Board of Education for such purpose prior to a vote being taken on the request for educational intervention.

(5) The State Board of Education shall authorize intervention under this chapter on the basis of the deficiencies and supporting data cited in support of the request for intervention authority of the State Superintendent of Education and upon a finding that the city or county board of education has demonstrated an unwillingness or inability to voluntarily comply with the standards provided in subdivision (1) and the requirements specified in the request of the State Superintendent of Education. The resolution by which educational intervention is authorized shall describe with reasonable specificity the criteria or conditions that are required to be satisfied by the city or county board of education in order to be released from intervention. If the State Board of Education approves a resolution authorizing educational intervention, the State Superintendent of Education may exercise plenary authority to make such decisions or take such actions as he or she reasonably deems necessary to correct the deficiencies that led to the request for approval of intervention or that may be discovered in the exercise of intervention authority. Educational intervention authority may be exercised directly by the State Superintendent of Education or indirectly through his or her designee acting as a chief administrative officer who shall be appointed by, report to, and serve in such capacity at the pleasure and under the supervision of the State Superintendent of Education. The chief administrative officer may act on behalf of the State Superintendent of Education for all purposes under this chapter. If the State Superintendent of Education appoints a chief administrative officer, that officer shall be designated by name in a resolution presented to the State Board of Education.

(6) While a city or county board of education is operating under educational intervention, the State Superintendent of Education or the chief administrative officer shall have the power and authority to act for and on behalf of the city or county board of education and its superintendent in all matters and for all purposes under the Code of Alabama 1975. No decision, action, or undertaking made or approved by the State Superintendent of Education or chief administrative officer shall require the separate recommendation, concurrence, or approval of any city or county board of education or any official thereof in order to be deemed final, valid, or enforceable. While under educational intervention, a city or county board of education, with the approval of the State Superintendent of Education or the chief administrative officer, may meet according to a schedule and agenda that are approved in advance by the State Superintendent of Education or the chief administrative officer and are subject to modification only at the direction or with the express approval of the State Superintendent of Education or the chief administrative officer. Otherwise, the city or county board of education shall meet only at the call of and for specific purposes approved by the State Superintendent of Education or the chief administrative officer. While under educational intervention, city and county boards of education and their officials and employees shall serve under the supervision and direction of the State Superintendent of Education or the chief administrative officer. The State Superintendent of Education or the chief administrative officer may delegate to the employees of the State Department of Education or city or county board of education officials or employees such administrative authority and responsibilities as they may deem necessary to ensure the timely, practical, and efficient execution of normal educational functions, and, at the expense of the city or county board of education, may engage and direct the activities of such consultants, specialists, or employees as they deem necessary to achieve the objectives of the intervention.

(7) Personnel actions that the State Superintendent of Education or the chief administrative officer deem necessary and appropriate to the attainment of intervention objectives may be implemented directly by such officials. Personnel actions taken pursuant to the intervention authority of the State Superintendent of Education must comply with Chapter 24C of this title, the Students First Act of 2011, if and to the extent that the Students First Act of 2011 would otherwise control, except that the State Superintendent of Education shall discharge the functions that would otherwise be executed by the local superintendent and board of education under the Students First Act of 2011. Intervention-related personnel actions shall also be described by the State Superintendent of Education or the chief administrative officer in a written report that shall include the specific personnel actions to be taken and an explanation of how such actions serve the attainment of one or more intervention objectives. At the direction of the State Superintendent of Education or the chief administrative officer, and as soon as practicable following its issuance, the report shall be entered into the minutes of the city or county board of education and the nature of individual personnel actions shall be suitably memorialized in the personnel files of affected employees and in databases or other records maintained for such purposes by the city or county board of education. No delay or irregularity in the transmittal or recordation of the foregoing report or related data shall invalidate or impair the timely implementation of intervention-related personnel actions as prescribed by the State Superintendent of Education or the chief administrative officer. Personnel actions that are deemed advisable or appropriate but that are not identified as related to the attainment of intervention objectives by the State Superintendent of Education or the chief administrative officer may be initiated and acted on by city or county board officials. Such actions shall be taken in accordance with Chapter 24C of this title, the Students First Act of 2011, or other generally applicable statutory requirements, policies, and procedures if the proposed actions would otherwise be subject to such statutes, policies, and procedures and if they are first authorized by the State Superintendent of Education or the chief administrative officer.

(8) The State Superintendent of Education shall report to the State Board of Education regarding the status of intervention in the affected city or county system periodically or at the request of the State Board of Education and, in any event, not less than once every six months.

(9) A city or county board of education may be released from educational intervention upon the adoption of a resolution by the State Board of Education authorizing such action. The resolution shall be considered by the State Board of Education upon the written recommendation of the State Superintendent of Education or upon presentation of a written petition requesting such action duly executed by at least two-thirds of the members of the city or county board of education that is operating under educational intervention. The petition shall set forth the grounds on which the petition is based and may include any evidence that may be relevant to consideration by the State Board of Education. Representatives of the city or county board of education may also be heard in connection with the petition, but no vote shall be taken on the petition by the State Board of Education without first soliciting the views of the State Superintendent of Education regarding the merits of the petition.

(Act 2013-310, p. 1053, §4.)

§ 16-6E-5 Regulations

The State Superintendent of Education may develop and issue regulations to implement the requirements of this chapter.

(Act 2013-310, p. 1053, §5.)

§ 16-6E-6 Construction of Chapter

This chapter shall be construed to do all of the following:

(1) Provide the State Superintendent of Education or the chief administrative officer with broad discretion and complete authority to make, direct, implement, and enforce decisions, actions, and measures which, in his or her judgment, are necessary and appropriate to the attainment of the objectives of educational intervention and to accord the fullest measure of deference to decisions and actions made by such officials in furtherance of intervention goals and objectives.

(2) Eliminate unnecessary delay in the implementation of measures designed to attain intervention goals and objectives.

(3) Protect vested and constitutionally based employment rights through appropriate procedural safeguards without impairing attainment of the goals and purposes of educational intervention or of this chapter.

(4) Be cumulative, supplemental, and complementary to other legislation that confers authority on the State Board of Education and the State Superintendent of Education to exercise control and supervision over the decision making and operational functions of city and county boards of education, and not to limit the scope, extent, or exercise of that authority.

(Act 2013-310, p. 1053, §6.)

§ 16-6E-7 Application on Boards of Education Operating Under Intervention

Any city or county board of education which, on May 24, 2013, is operating under any form of intervention by virtue of a statute that is repealed or superseded by this chapter shall remain subject to the terms and provisions of the statute and the authority conferred thereby on the State Board of Education, State Superintendent of Education, and their designees until the city or county board of education is released from intervention.

(Act 2013-310, p. 1053, §7.)

Chapter 6F Alabama School Choice and Student Opportunity Act

§ 16-6F-1 Short Title

This chapter shall be known and may be cited as the Alabama School Choice and Student Opportunity Act.

(Act 2015-3, §1.)

§ 16-6F-2 Legislative Intent

(a) Public charter schools may be established in Alabama in accordance with this chapter. All public charter schools in the state established under this chapter are public schools and are part of the public education system of the state.

(b) This chapter shall be interpreted to support the findings and purposes of this chapter and to advance the continued commitment of the state to the mission and goals of public education.

(c) No private or nonpublic school may establish a public charter school pursuant to this chapter.

(Act 2015-3, §2.)

§ 16-6F-3 Legislative Findings

The Legislature finds and declares all of the following:

(1) It is in the best interests of the people of Alabama to provide all children with access to high quality public schools.

(2) It is necessary to continue to search for ways to strengthen the academic performance of elementary and secondary public school students.

(3) Different students learn differently and public schools should have the ability to customize programs to fit the needs of individual students.

(4) Those who know students best, parents and educators, make the best education-related decisions regarding their students.

(5) Parents and local educators have a right and responsibility to actively participate in the educational institutions that serve the children of Alabama.

(6) Public school programs, whenever possible, should be customized to fit the needs of individual children.

(7) Students of all backgrounds are entitled to access to a high quality education.

(8) Therefore, with this chapter, the Legislature intends to accomplish all of the following:

a. Provide school systems and communities with additional tools that may be used to better meet the educational needs of a diverse student population.

b. Encourage innovative educational ideas that improve student learning for students at all academic levels.

c. Empower educators to be nimble and strategic in their decisions on behalf of students.

d. Provide additional high quality educational options for all students, especially students in low performing schools.

e. Create public schools with freedom and flexibility in exchange for exceptional results.

f. Foster tools and strategies to close achievement gaps between high-performing and low-performing groups of public school students.

(Act 2015-3, §3.)

§ 16-6F-4 Definitions

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

(1) APPLICANT. Any group with 501(c)(3) tax-exempt status or that has submitted an application for 501(c)(3) tax-exempt status that develops and submits an application for a public charter school to an authorizer.

(2) APPLICATION. A proposal from an applicant to an authorizer to enter into a charter contract whereby the proposed school obtains public charter school status.

(3) AT-RISK STUDENT. A student who has an economic or academic disadvantage that requires special services and assistance to succeed in educational programs. The term includes, but is not limited to, students who are members of economically disadvantaged families, students who are identified as having special education needs, students who are limited in English proficiency, students who are at risk of dropping out of high school, and students who do not meet minimum standards of academic proficiency.

(4) AUTHORIZER. An entity authorized under this chapter to review applications, approve or reject applications, enter into charter contracts with applicants, oversee public charter schools, and decide whether to renew, not renew, or revoke charter contracts.

(5) CHARTER CONTRACT. A fixed-term renewable contract between a public charter school and an authorizer that outlines the roles, powers, responsibilities, and quantitative and qualitative performance expectations for each party to the contract.

(6) COMMISSION. The Alabama Public Charter School Commission created in subsection (c) of Section 16-6F-6. The commission serves as an appellate body in specific circumstances outlined in subsection (a) of Section 16-6F-6.

(7) CONVERSION PUBLIC CHARTER SCHOOL. A public charter school that existed as a non-charter public school before becoming a public charter school. A conversion public charter school shall adopt and maintain a policy giving enrollment preference to students who reside within the former attendance zone of the public school.

(8) DEPARTMENT. The State Department of Education.

(9) EDUCATION SERVICE PROVIDER. An entity with which a public charter school intends to contract with for educational design, implementation, or comprehensive management. This relationship shall be articulated in the public charter school application.

(10) GOVERNING BOARD. The independent board of a public charter school that is party to the charter contract with the authorizer. A governing board shall have at least 20 percent of its membership be parents of students who attend or have attended the public charter school for at least one academic year. Before the first day of instruction, the 20 percent membership requirement may be satisfied by parents who intend to have their students attend the public charter school.

(11) LOCAL SCHOOL BOARD. A city or county board of education exercising management and control of a city or county local school system pursuant to state law.

(12) LOCAL SCHOOL SYSTEM. A public agency that establishes and supervises one or more public schools within its geographical limits pursuant to state law. A local school system includes a city or county school system.

(13) NATIONALLY RECOGNIZED AUTHORIZING STANDARDS. Standards for high quality public charter school authorizing collaboratively drafted and regularly updated by practitioners and policy makers from across the country who have experience and practice in the field of charter authorizing.

(14) NON-CHARTER PUBLIC SCHOOL. A public school other than a school formed pursuant to this chapter. A public school that is under the direct management, governance, and control of a local school board or the state.

(15) PARENT. A parent, guardian, or other person or entity having legal custody of a child.

(16) PUBLIC CHARTER SCHOOL. A public school formed pursuant to this chapter that satisfies all of the following:

a. Has autonomy over key decisions including, but not limited to, decisions concerning finance, personnel, scheduling, curriculum, instruction, and procurement.

b. Is governed by an independent governing board that is a 501(c)(3) tax-exempt organization. No member of a governing board shall have a financial relationship to an education service provider or the staff of the authorizer.

c. Is established and operated under the terms of a charter contract between the governing board and its authorizer, in accordance with this chapter.

d. Is a school to which parents choose to send their student.

e. Is a school that admits students on the basis of a random selection process if more students attempt to enroll for admission than can be accommodated.

f. Provides an educational program that satisfies all of the following:

1. Includes any grade or grades from prekindergarten to 12th grade.

2. May include a specific academic approach or theme including, but not limited to, vocational and technical training; visual and performing arts; liberal arts and classical education; or science, mathematics, and technology.

3. Operates in pursuit of a specific set of educational objectives as defined in its charter contract, such as college or career readiness, or both.

4. Operates under the oversight of its authorizer in accordance with its charter contract.

(17) START-UP PUBLIC CHARTER SCHOOL. A public charter school that did not exist as a non-charter public school prior to becoming a public charter school.

(18) STUDENT. Any child who is eligible for attendance in public schools in the state.

(Act 2015-3, §4.)

§ 16-6F-5 Enrollment; Credits; Student Capacity; Records

(a) Open enrollment.

(1) A public charter school shall be open to any student residing in the state.

(2) A school system shall not require any student enrolled in the school system to attend a start-up public charter school.

(3) A public charter school shall not limit admission based on ethnicity, national origin, religion, gender, income level, disability, proficiency in the English language, or academic or athletic ability.

(4) A public charter school may limit admission to students within a given age group or grade level and may be organized around a special emphasis, theme, or concept as stated in the school’s charter application, but fluency or competence in the theme may not be used as a standard for enrollment.

(5) A public charter school shall enroll all students who wish to attend the school, unless the number of students exceeds the capacity of the facility identified for the public charter school.

(6) If facility capacity is insufficient to enroll all students who wish to attend a start-up public charter school, the school shall select students through a random selection process. The school shall first enroll students who reside within the school system in which the public charter school is located. If the number of local students wanting to enroll exceeds the facility’s capacity, then the school shall conduct a random selection process to enroll students who reside in the local school system. If the school has additional capacity after admitting students from the local school system, then the school shall admit any students without regard to their residency by a random selection process. The selection shall take place in a public meeting, called by the governing body of the public charter school, and following all posting and notice requirements prescribed by the Alabama Open Meetings Act.

(7) Any non-charter public school converting partially or entirely to a public charter school shall adopt and maintain a policy giving enrollment preference to students who reside within the former attendance area of that public school.

After all students who reside within the former attendance area of that public school are enrolled, enrollment shall first be opened to students residing within the local school system and then outside the local school system, as set forth in subdivision (6).

(8) A public charter school shall give enrollment preference to students enrolled in the public charter school the previous school year and to siblings of students already enrolled in the public charter school.

(9) A public charter school may give enrollment preference to children of a public charter school’s founders, governing board members, and full-time employees, so long as they constitute no more than 10 percent of the school’s total student population.

(10) A public charter school may give enrollment preference to children living within a certain geographical boundary, so long as the overall enrollment of the public charter school includes a majority of at-risk students. The proposed boundary shall be approved by the authorizer.

(11) This subsection does not preclude the formation of a public charter school whose mission is focused on serving special education students, students of the same gender, students who pose such severe disciplinary problems that they warrant a specific educational program, or students who are at risk of academic failure. Notwithstanding the stated mission of the public charter school, any student may attend.

(12) This subsection does not preclude the formation of a public charter school, that is located on or within one mile of a military installation, whose mission is focused on serving students who are dependents of military members or Department of Defense civilian employees that are permanently assigned to that military installation. If the number of dependent students wanting to enroll exceeds the facility’s capacity, then the school shall conduct a random selection process to enroll those students. If the school has additional capacity after admitting those dependent students of parents assigned to the military installation, then the school shall admit students first from the local school system by a random selection process and then without regard to their residency by a random selection process, as capacity permits. The selection shall take place in a public meeting, called by the governing body of the public charter school, and following all posting and notice requirements prescribed by the Alabama Open Meetings Act. Once the total number of students enrolled in the school reaches 400, all additional admitted students shall be dependents of military members or Department of Defense civilian employees who are permanently assigned to that military installation.

(b) Credit transferability. If a student who was previously enrolled in a public charter school enrolls in another public school in Alabama, the student’s new school shall accept credits earned by the student in courses or instructional programs at the public charter school in a uniform and consistent manner and according to the same criteria that are used to accept academic credits from other public schools. Nothing in this chapter shall prevent local school systems from administering placement tests for newly enrolled students who were previously enrolled in a public charter school.

(c) Determination of student capacity of public charter schools. The capacity of the public charter school shall be determined annually by the governing board of the public charter school in conjunction with the authorizer and in consideration of the public charter school’s ability to facilitate the academic success of its students, to achieve the other objectives specified in the charter contract, and to ensure that its student enrollment does not exceed the capacity of its facility or site.

(d) Student information. A public charter school shall maintain records on all enrolled students utilizing the state adopted Alabama Student Information System (ASIM).

(Act 2015-3, p. 18, §5; Act 2021-117, §1; Act 2023-420, §1.)

§ 16-6F-6 Authorization of Establishment; Alabama Public Charter School Commission; Registration Requirements; Powers and Duties of Authorizers

(a) Eligible authorizing entities.

(1) A public charter school shall not be established in this state unless its establishment is authorized by this section. No governmental entity or other entity, other than an entity expressly granted chartering authority as set forth in this section, may assume any authorizing function or duty in any form. The following entities shall be authorizers of public charter schools:

a. A local school board, for chartering of schools within the boundaries of the school system under its jurisdiction, pursuant to state law.

b. The Alabama Public Charter School Commission, pursuant to this section.

(2) A local school board that registers as an authorizer may approve or deny an application to form a public charter school within the boundaries of the local school system overseen by the local school board.

(3) All authorizing entities shall prioritize those applications that are focused on serving at-risk students.

(4) A decision made by a local school board shall be subject to appeal to the commission. The commission may hear an application for the formation of a public charter school by an applicant only if one of the following factors is met:

a. An application to form a public charter school is denied by the local school board overseeing that system and the applicant chooses to appeal the decision of the local school board to the commission.

b. The applicant wishes to open a start-up public charter school in a public school system that has chosen not to register as an authorizer.

(b) Public charter school cap.

(1) Authorizers may not approve more than 10 start-up public charter schools in a fiscal year.

(2) Upon receiving notice of approval of the tenth start-up public charter school to be approved in a fiscal year, the department shall provide notice to all authorizers that the cap has been reached and no new start-up public charter schools may be approved in that fiscal year.

(3) The cap expires on April 1 immediately following the conclusion of the fiscal year beginning October 1, 2020.

(4) At the conclusion of the fiscal year beginning October 1, 2020, the department shall submit a report to the Legislature outlining the performance of both start-up and conversion public charter schools. This report shall include, at a minimum, academic performance of all public charter schools in the state, a detailed update on the authorizing process, and recommendations for adjustments to public charter school governance and oversight.

(5) There is no limit on the number of conversion public charter schools that may be approved.

(c) The Alabama Public Charter School Commission.

(1) The commission is established as an independent state entity.

(2) The mission of the commission is to authorize high quality public charter schools, in accordance with the powers expressly conferred on the commission in this chapter.

(3)a. The initial membership of the commission shall consist of the following: The State Board of Education shall appoint 10 members, made up of four appointees recommended by the Governor, one appointee recommended by the Lieutenant Governor, two appointees recommended by the President Pro Tempore of the Senate, and three appointees recommended by the Speaker of the House of Representatives. The Governor, the Lieutenant Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives shall each recommend a list of no fewer than two nominees for each initial appointment to the commission. One recommended initial appointee of the President Pro Tempore of the Senate and one recommended initial appointee of the Speaker of the House of Representatives shall be an appointee recommended by members of the Senate minority party and members of the House minority party, respectively. No commission member can be appointed unless he or she has been recommended by the Governor, Lieutenant Governor, President Pro Tempore of the Senate, or the Speaker of the House of Representatives.

b. Commencing on June 8, 2023, as the terms of the then serving members expire, the nominating authority for that respective serving member shall become the appointing authority for his or her successor on the commission so that the Governor shall appoint four members to the commission, the Lieutenant Governor shall appoint one member to the commission, the President Pro Tempore of the Senate shall appoint two members to the commission, and the Speaker of the House of Representatives shall appoint three members to the commission. Commencing on June 8, 2023, one additional member shall be appointed by the Minority Leader of the Senate and one additional member shall be appointed by the Minority Leader of the House of Representatives for four-year terms of office as provided in subdivision (6).

(4) The appointing authorities of the commission members shall strive to select individuals that collectively possess strong experience and expertise in public and nonprofit governance, strategic planning, management and finance, public school leadership, assessment, curriculum and instruction, and public education law. Each member of the commission shall have demonstrated understanding of and commitment to charter schooling as a tool for strengthening public education and shall sign an agreement to hear the appeal and review documents in a fair and impartial manner.

(5) Membership of the commission shall be inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state.

(6) The initial appointments to the commission shall be made no later than June 1, 2015. Two recommended initial appointees of the Governor, one recommended initial appointee of the Lieutenant Governor, one recommended initial appointee of the Speaker of the House of Representatives, and one recommended initial appointee of the President Pro Tempore of the Senate shall serve an initial term of one year and two recommended initial appointees of the Governor, two recommended initial appointees of the Speaker of the House of Representatives, and one recommended initial appointee of the President Pro Tempore of the Senate shall serve an initial term of two years. Thereafter, all appointees shall serve four-year terms of office. All appointments shall be eligible for reappointment as determined by the appointing authority, not to exceed a total of eight years of service, unless the member was initially appointed to serve a one-year term of office. If the initial term of office of an appointee was one year, he or she may serve a total of five nine years of service on the commission.

(7) A member of the commission may be removed for failure to perform the duties of the appointment. Whenever a vacancy on the commission exists, the appointing authority, within 60 days after the vacancy occurs, shall appoint a member for the remaining portion of the term in the same manner as the original appointment was made. A member of the commission shall abstain from any vote that involves a local school system of which he or she is an employee or which he or she oversees as a member of a local school board.

(8) Six members of the commission constitute a quorum, and a quorum shall be necessary to transact business. Actions of the commission shall be by a majority vote of the commission. The commission, in all respects, shall comply with the Alabama Open Meetings Act and state record laws. Notwithstanding the preceding sentence, members of the commission may participate in a meeting of the commission by means of telephone conference, video conference, or similar communications equipment by means of which all persons participating in the meeting may hear each other at the same time. Participation by such means shall constitute presence in person at a meeting for all purposes, including the establishment of a quorum. Telephone or video conference or similar communications equipment shall also allow members of the public the opportunity to simultaneously listen to or observe meetings of the commission.

(9) If the commission overrules the decision of a local school board and chooses to authorize the establishment of a public charter school in that local school system, the commission shall serve as the authorizer for that public charter school, pursuant to this chapter.

(10) Each member of the commission, upon assuming office, shall complete an orientation program and an annual training program thereafter, as developed by the commission. The orientation program shall focus on roles and responsibilities of charter school authorizers, laws impacting commissioners as public officials, general education laws, and best practices. In developing and implementing the programs, the commission may consult national or state organizations with training expertise. Before the start of each regular legislative session, the commission shall provide a report to each appointing authority regarding the implementation and effectiveness of the programs. Failure to attend and complete a required orientation or annual training program may constitute grounds for removal from the commission by the appointing authority.

(11) The commission may do any of the following:

a. Upon evaluation and agreement, share services, facilities, supplies, and related costs with the department.

b. Adopt rules for the operation and organization of the commission.

c. Review, at least once per year, department rules concerning public charter schools and, if needed, recommend to the State Superintendent of Education any rule changes deemed necessary.

d. Convene stakeholder groups and engage experts.

e. Seek and receive state, federal, and private funds for operational expenses.

f. Employ professional, administrative, technical, and clerical staff, without regard to the state Merit System, who shall serve at the pleasure of the commission. Staff employed pursuant to this paragraph shall receive compensation and benefits established by the commission, payable in the same manner as state employees.

(12) A commission member may not receive compensation, but shall be reimbursed by the department for travel and per diem expenses at the same rates and in the same manner as state employees.

(13) The commission shall submit an annual report to the department pursuant to subsection (g).

(14) In order to overrule the decision of a local school board and authorize a public charter school, the commission, in its own consideration of the application, shall do all of the following:

a. Find evidence of a thorough and high-quality public charter school application from the applicant based on the authorizing standards in Section 16-6F-7(a)(8).

b. Hold an open community hearing opportunity for public comment within the local school system where the application was denied.

c. Find that the local board’s denial of an original charter application is not supported by the then current application and exhibits.

d. Take into consideration all of the following:

1. Other existing charter school applications.

2. The quality of school options existing in the affected community.

3. The existence of other charter schools.

4. Any other factors considered relevant to ensure the establishment of high-quality charter schools in accordance with the intent of this chapter.

e. At least 15 days prior to consideration of the application, send a letter to the chair of the local school board where the denial originated informing the local school board that the commission will hear the appeal pursuant to a public hearing and will provide the chair, or his or her designee, the opportunity to address the commission at that public hearing.

(d)(1) A local school board may apply to the department for chartering authority within the boundaries of the school system overseen by the local school board. The department shall publicize to all local school boards the opportunity to apply to the state for chartering authority within the school system they oversee. By June 1 of each year, the department shall provide information about the opportunity, including an application deadline, to all local school boards. To apply as a charter authorizer in its school system, each interested local school board shall submit the following information in a format to be established by the department:

a. Written notification of intent to serve as a charter authorizer in accordance with this chapter.

b. An explanation of the local school board’s capacity and commitment to execute the duties of quality charter authorizing, as defined by nationally recognized authorizing standards.

c. An explanation of the local school board’s strategic vision for chartering.

d. An explanation of how the local school board plans to solicit public charter school applicants, in accordance with this chapter.

e. A description or outline of the performance framework the local school board will use to guide the establishment of a charter contract and for ongoing oversight and evaluation of public charter schools, consistent with the requirements of this chapter.

f. A draft of the local school board’s renewal, revocation, and nonrenewal processes, consistent with Section 16-6F-8(c).

g. A statement of assurance that the local school board commits to serving as a charter authorizer and shall fully participate in annual authorizer training approved by the department.

(2) Once chartering authority is granted, the registered local school board shall reapply to be an authorizer every five years if the local school board wishes to continue serving as an authorizer.

(e) If a local school board chooses not to register as an authorizer, all applications seeking to open a start-up public charter school within that local school board’s boundaries shall be denied. Applicants wishing to open a public charter school physically located in that local school system may apply directly to the commission.

(f) An authorizer may do all of the following:

(1) Solicit, invite, receive, and evaluate applications from organizers of proposed public charter schools.

(2) Approve applications that meet identified educational needs.

(3) Deny applications that do not meet identified educational needs.

(4) Create a framework to guide the development of charter contracts.

(5) Negotiate and execute charter contracts with each approved public charter school.

(6) Monitor the academic, fiscal, and organizational performance and compliance of public charter schools.

(7) Determine whether each charter contract merits renewal or revocation.

(g) An authorizer shall submit to the State Board of Education a publicly accessible annual report within 60 days after the end of each school fiscal year summarizing all of the following:

(1) The authorizer’s strategic vision for chartering and progress toward achieving that vision.

(2) The academic and financial performance of all operating public charter schools overseen by the authorizer, according to the performance measures and expectations specified in the charter contracts.

(3) The status of the public charter school portfolio of the authorizer, identifying all public charter schools within that portfolio as one of the following:

a. Approved, but not yet open.

b. Open and operating.

c. Terminated.

d. Closed, including year closed and reason for closing.

e. Never opened.

(4) The oversight and services, if any, provided by the authorizer to the public charter schools under the purview of the authorizer.

(5) The authorizing functions provided by the authorizer to the public charter schools under its jurisdiction, including the operating costs and expenses of the authorizer detailed in annual audited financial statements that conform to generally accepted accounting principles.

(6) All use of taxpayer dollars including expenditures, contracts, and revenues.

(h) To cover costs for overseeing and authorizing public charter schools in accordance with this chapter, a local school board serving as an authorizer may do all of the following:

(1) Expend its own resources, seek grant funds, and establish partnerships to support its public charter school authorizing activities.

(2) Charge a portion of annual per student state allocations received by each public charter school it authorizes based on the following schedule:

a. If the local school board has oversight over one to three, inclusive, public charter schools: Three percent of annual per student state allocations.

b. If the local school board has oversight over four to five, inclusive, public charter schools: Two percent of annual per student state allocations.

c. If the local school board has oversight over six to 10, inclusive, public charter schools: One percent of annual per student state allocations.

d. These funds shall be used to cover the costs for a local school board to provide authorizing services to its public charter schools.

(i) An employee, agent, or representative of an authorizer may not simultaneously serve as an employee, agent, representative, vendor, or contractor of a public charter school of that authorizer.

(j) With the exception of charges for oversight services as required in subsection (h), a public charter school may not be required to purchase services from its authorizer as a condition of charter approval or of a charter contract, nor may any such condition be implied.

(k) A public charter school authorized by a local school system may choose to purchase services, such as transportation-related or lunchroom-related services, from its authorizer. In such event, the public charter school and authorizer shall execute an annual service contract, separate from the charter contract, stating the mutual agreement of the parties concerning any service fees to be charged to the public charter school. A public charter school authorized by the commission may not purchase services from the commission, but consistent with this section, may purchase services from the local school system where the public charter school is located.

(l) The department shall oversee the performance and effectiveness of all authorizers established under this chapter. Persistently unsatisfactory performance of the portfolio of the public charter schools of an authorizer, a pattern of well-founded complaints about the authorizer or its public charter schools, or other objective circumstances may trigger a special review by the department. In reviewing and evaluating the performance of an authorizer, the department shall apply nationally recognized standards for quality in charter authorizing. If, at any time, the department finds that an authorizer is not in compliance with an existing charter contract or the requirements of all authorizers under this chapter, the department shall notify the authorizer in writing of any identified problem, and the authorizer shall have reasonable opportunity to respond and remedy the problem.

(m) If a local school board acting as an authorizer persists in violating a material provision of a charter contract or fails to remedy any other authorizing problem after due notice from the department, the department shall notify the local school board, within 60 days, that it intends to revoke the chartering authority of the local school board unless the local school board demonstrates a timely and satisfactory remedy for the violation or deficiencies.

(n) If the commission violates a material provision of a charter contract or fails to remedy any other authorizing problems after due notice from the department, the department shall notify the commission, within 60 days, that it intends to notify the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate of the actions of the commission unless the commission demonstrates a timely and satisfactory remedy for the violation of the deficiencies. Along with this notification, the department shall publicly request in writing that the Governor, the Speaker of the House of Representatives, and the President Pro Tempore appointees comply with the requests of the department or face a revocation of their appointment to the commission.

(o) In the event of revocation of the chartering authority of an authorizer, the department shall manage the timely and orderly transfer of each start-up public charter contract held by that authorizer to another authorizer in the state, with the mutual agreement of each affected start-up public charter school and proposed new authorizer. The new authorizer shall assume the existing charter contract for the remainder of the charter term.

(p) Authorizer power, duties, and liabilities. Authorizers are responsible for executing, in accordance with this chapter, the following essential powers and duties:

(1) Soliciting and evaluating charter applications based on nationally recognized standards.

(2) Approving quality charter applications that meet identified educational needs and promote a diversity of high-quality educational choices.

(3) Declining to approve weak or inadequate charter applications.

(4) Negotiating and executing charter contracts with each approved public charter school.

(5) Monitoring, in accordance with charter contract terms, the performance and legal compliance of public charter schools.

(6) Determining whether each charter contract merits renewal, nonrenewal, or revocation.

(q) An authorizer that grants a charter to a 501(c)(3) tax-exempt organization for the purpose of opening and operating a public charter school is not liable for the debts or obligations of the public charter school, or for claims arising from the performance of acts, errors, or omissions by the charter school, if the authorizer has complied with all oversight responsibilities required by law, including, but not limited to, those required by this chapter.

(r) Principles and standards for charter authorizing.

(1) All authorizers shall be required to develop and maintain chartering policies and practices consistent with nationally recognized principles and standards for quality charter authorizing in all major areas of authorizing responsibility including: Organizational capacity and infrastructure; soliciting and evaluating charter applications; performance contracting; ongoing public charter school oversight and evaluation; and charter renewal decision-making. The State Board of Education shall adopt reasonable rules to effectuate this section by June 17, 2015.

(2) Authorizers shall carry out all of their duties under this chapter in a manner consistent with such nationally recognized principles and standards and with the spirit and intent of this chapter. Evidence of material or persistent failure to do so shall constitute grounds for losing charter authorizing powers.

(Act 2015-3, p. 18, §6; Act 203-420, §1.)

§ 16-6F-7 Applicant Proposals; Conversion to Public Charter School; Terms of Charters; Contracts

(a) Request for proposals.

(1) To solicit, encourage, and guide the development of quality public charter school applications, every local school board, in its role as public charter school authorizer, shall issue and broadly publicize a request for proposals for public charter school applications by July 17, 2015, and by November 1 in each subsequent year. The content and dissemination of the request for proposals shall be consistent with the purposes and requirements of this act.

(2) Public charter school applicants may submit a proposal for a particular public charter school to no more than one local school board at a time.

(3) The department shall annually establish and disseminate a statewide timeline for charter approval or denial decisions, which shall apply to all authorizers in the state.

(4) Each local school board’s request for proposals shall present the board’s strategic vision for chartering, including a clear statement of any preferences the board wishes to grant to applications that help at-risk students.

(5) The request for proposals shall include or otherwise direct applicants to the performance framework that the authorizer has developed for public charter school oversight and evaluation in accordance with this chapter.

(6) The request for proposals shall include the criteria that will guide the authorizer’s decision to approve or deny a charter application.

(7) The request for proposals shall state clear, appropriately detailed questions as well as guidelines concerning the format and content essential for applicants to demonstrate the capacities necessary to establish and operate a successful public charter school.

(8) The request for proposals shall require charter applications to provide or describe thoroughly all of the following essential elements of the proposed school plan:

a. An executive summary.

b. The mission and vision of the proposed public charter school, including identification of the targeted student population and the community the school hopes to serve.

c. The location or geographic area proposed for the school.

d. The grades to be served each year for the full term of the charter contract.

e. Minimum, planned, and maximum enrollment per grade per year for the term of the charter contract.

f. Evidence of need and community support for the proposed public charter school.

g. A brief biography regarding the expertise and background on the proposed founding governing members and the proposed school leadership and management team.

h. The school’s proposed calendar and sample daily schedule.

i. A description of the academic program.

j. A description of the school’s instructional design, including the type of learning environment, such as classroom-based or independent study, class size and structure, curriculum overview, and teaching methods.

k. The school’s plan for using internal and external assessments to measure and report student progress.

l. The school’s plan for identifying and successfully serving students with disabilities, students who are English language learners, students who are academically behind, and gifted students, including, but not limited to, compliance with applicable laws and regulations.

m. A description of cocurricular or extracurricular programs and how they will be funded and delivered.

n. Plans and timelines for student recruitment and enrollment, including random selection procedures in the event that interest exceeds capacity.

o. The school’s student discipline policies, including those for special education students.

p. An organization chart that clearly presents the school’s organizational structure, including lines of authority and reporting between the governing board, staff, any related bodies, such as advisory bodies or parent and teacher councils, and any external organizations that will play a role in managing the school.

q. A clear description of the roles and responsibilities for the governing board, the school’s leadership and management team, and any other entities shown in the organization chart.

r. A staffing chart for the school’s first year, and a staffing plan for the term of the charter.

s. Plans for recruiting and developing school leadership and staff.

t. The school’s leadership and teacher employment policies, including performance evaluation plans.

u. Proposed governing bylaws.

v. Explanations of any partnerships or contractual relationships central to the school’s operations or mission.

w. The school’s plans for providing transportation, food service, and all other significant operational or ancillary services.

x. Opportunities and expectations for parental involvement.

y. A detailed school start-up plan, identifying tasks, timelines, and responsible individuals.

z. Description of the school’s financial plan and policies, including financial controls and audit requirements. This plan shall include a disclosure of all donations of private funding, if any, including, but not limited to, gifts received from foreign governments, foreign legal entities, and, when reasonably known, domestic entities affiliated with either foreign governments or foreign legal entities.

aa. A description of the insurance coverage the school will obtain.

bb. Start-up and five-year budgets with clearly stated assumptions.

cc. Evidence of anticipated fundraising contributions, if claimed in the application.

dd. A sound facilities plan, including backup or contingency plans, if appropriate.

ee. In the case of an applicant who has submitted an application for 501(c)(3) tax-exempt status, but has not yet been approved for 501(c)(3) tax-exempt status, the applicant shall submit a copy of the application for 501(c)(3) tax-exempt status.

ff. Any other item that the authorizer deems appropriate to assess the applicant’s ability to successfully open and operate a public charter school.

(9) Conversion public charter schools. A local school board may convert a non-charter public school to a public charter school.

a. Any local school board’s decision to convert a school is not appealable to the commission.

1. After identifying the non-charter public school it has decided to convert to a public charter school, a local school board shall release a request for proposals, allowing education service providers the opportunity to submit applications to manage the specific school as a public charter school under the terms of this chapter.

2. The conversion must occur at the beginning of an academic school year and shall be subject to compliance with this chapter.

3. At the time of conversion to a public charter school, any teacher or administrator in the newly converted public charter school shall have the opportunity to interview for a position in the public charter school. The public charter school is under no obligation to hire any teacher or administrator.

4. At the time of conversion to a public charter school, any teacher or administrator in the public charter school may be allowed to transfer into vacant positions for which they are both certified and qualified in other schools in the school system prior to the hiring of new personnel for those vacant positions.

5. If personnel reductions are contemplated as the result of a conversion to a charter model, that shall be clearly stated in the application. An approved conversion shall constitute decreased student enrollment or a shortage of revenues, or both, for the purposes of the local school board implementing a reduction in force pursuant to Section 16-1-33.

b. After an education service provider has been identified to manage the non-charter public school, the local school board shall negotiate a performance contract with the selected education service provider as set forth in subdivision (1) of subsection (e).

(10) In the case of a proposed public charter school that intends to contract with an education service provider for substantial education services, management services, or both types of services, the request for proposals shall additionally require the applicants to do all of the following:

a. Provide evidence of the education service provider’s success in serving student populations similar to the targeted population, including demonstrated academic achievement as well as successful management of nonacademic school functions, if applicable.

b. Provide a term sheet setting forth the proposed duration of the service contract; roles and responsibilities of the governing board; the school staff; and the education service provider; scope of services and resources to be provided by the education service provider; performance evaluation measures and timelines; compensation structure, including clear identification of all fees to be paid to the education service provider; methods of contract oversight and enforcement; investment disclosure; and conditions for renewal and termination of the contract.

c. Disclose and explain any existing or potential conflicts of interest between the school governing board and proposed education service provider or any affiliated business entities.

(11) In the case of a public charter school proposal from an applicant that currently operates one or more schools inside or outside of Alabama, the request for proposals shall additionally require the applicant to provide evidence of past performance and current ability to manage for growth.

(b) Application decision-making process.

(1) In evaluating and reviewing charter applications, authorizers shall employ procedures, practices, and criteria consistent with nationally recognized principles and standards for quality charter authorizing. The application review process shall include thorough evaluation of each written charter application, an in-person interview with the applicant group, and an opportunity in a public forum for local residents to learn about and provide input on each application.

(2) In deciding whether to approve charter applications, authorizers shall do all of the following:

a. Grant charters only to applicants that have demonstrated competence in each element of the authorizer’s published approval criteria and are likely to open and operate a successful public charter school.

b. Base decisions on documented evidence collected through the application review process.

c. Follow charter-granting policies and practices that are transparent, based on merit, and avoid conflicts of interest or any appearance thereof.

d. In the case of the commission, require significant and objective evidence of interest for the public charter school from the community the public charter school wishes to serve.

(3) An authorizer shall not approve a public charter school application that includes any of the following:

a. Admissions requirements for entry, including, but not limited to academic proficiency, particular skills or competencies, or financial means.

b. Any parochial or religious theme.

(4) No later than 60 days after the filing of the charter application, the authorizer shall decide to approve or deny the charter application; however, an application submitted by a public historically black college or university (HBCU), in partnership with a national nonprofit public HBCU support organization, for a charter school to be operated on or near the campus of the HBCU may be considered for expedited approval by the authorizer. The authorizer shall adopt by resolution all charter approval or denial decisions in an open meeting. If no action is taken on the application within 60 days, the application shall be considered denied and the applicant may appeal the decision to the commission.

(5) An approval decision may include, if appropriate, reasonable conditions that the charter applicant must meet before a charter contract may be executed pursuant to this section.

(6) For any charter denial, the authorizer shall clearly state, for public record, its reasons for denial. A denied applicant may subsequently reapply to that board the following year or appeal the denial to the commission.

(7) Within 30 days of taking action to approve or deny a charter application, the authorizer shall report to the department the action it has taken. The authorizer shall provide a copy of the report to the charter applicant at the same time that the report is submitted to the department. The report shall include a copy of the authorizer’s resolution setting forth the action taken and reasons for the decision and assurances as to compliance with all of the procedural requirements and application elements set forth in this section.

(c)(1) The applicant for a public charter school, the local school board for the district in which a public charter school is proposed to be located, and the authorizer shall carefully review the potential impact of an application for a public charter school on the efforts of the local school system to comply with court orders and statutory obligations for creating and maintaining a unitary system of desegregated public schools.

(2) The authorizer shall attempt to measure the likely impact of a proposed public charter school on the efforts of local school systems to achieve and maintain a unitary system.

(3) The authorizer shall not approve any public charter school under this chapter that hampers, delays, or in any manner negatively affects the desegregation efforts of a local school system.

(d) Initial charter term. An initial charter shall be granted for a term of five operating years. The charter term shall commence on the public charter school’s first day of operation. An approved public charter school may delay its opening for one school year in order to plan and prepare for the school’s opening. If the school requires an opening delay of more than one year, the school shall request an extension from its authorizer. The authorizer may grant or deny the extension depending on the particular school’s circumstances.

(e) Charter contracts.

(1) Within 60 days of approval of a charter application, the authorizer and the governing board of the approved public charter school shall execute a charter contract that clearly sets forth the academic and operational performance expectations and measures by which the public charter school will be judged and the administrative relationship between the authorizer and the public charter school, including each party’s rights and duties. The performance expectations and measures set forth in the charter contract shall include, but need not be limited to, applicable federal and state accountability requirements. The performance provisions may be refined or amended by mutual agreement after the public charter school is operating and has collected baseline achievement data for its enrolled students. A governing board shall have received 501(c)(3) tax exempt status before beginning charter contract negotiations.

(2) The charter contract shall be signed by the president of the authorizer’s board and the president of the public charter school’s governing body. Within 10 days of executing a charter contract, the authorizer shall submit to the department written notification of the executed charter contract and any attachments.

(3) No public charter school may commence operations without a charter contract executed in accordance with this chapter and approved in an open meeting of the authorizer’s governing board.

(f) Preopening requirements or conditions. Authorizers may establish reasonable preopening requirements or conditions to monitor the start-up progress of newly approved public charter schools and ensure that they are prepared to open smoothly on the date agreed, and to ensure that each school meets all building, health, safety, insurance, and other legal requirements for school opening.

(Act 2015-3, §7.)

§ 16-6F-8 Performance Framework; Oversight; Renewal; Revocation; School Closure and Dissolution; Reporting

(a) Performance framework.

(1) The performance provisions within the charter contract shall be based on a performance framework that clearly sets forth the academic and operational performance indicators, measures, and metrics that will guide the authorizer’s evaluations of each public charter school. The performance framework shall include indicators, measures, and metrics for, at a minimum:

a. Student academic proficiency, which includes, but is not limited to, performance on state standardized assessments.

b. Student academic growth, which includes, but is not limited to, performance on state standardized assessments.

c. Achievement gaps in both proficiency and growth between major student subgroups.

d. Attendance.

e. Recurrent enrollment from year to year.

f. Postsecondary readiness for high schools.

g. Financial performance and sustainability.

h. Board performance and stewardship, including compliance with all applicable laws, regulations, and terms of the charter contract.

(2) Annual performance targets shall be set by each public charter school in conjunction with its authorizer, and shall be designed to help each school meet applicable federal, state, and authorizer expectations.

(3) The performance framework shall allow the inclusion of additional rigorous, valid, and reliable indicators proposed by a public charter school to augment external evaluations of its performance, provided that the authorizer approves the quality and rigor of such school-proposed indicators, and they are consistent with the purposes of this chapter.

(4) The performance framework shall require the disaggregation of all student performance data by major student subgroups (gender, race, poverty status, special education status, English learner status, and gifted status).

(5) For each public charter school it oversees, the authorizer shall be responsible for collecting, analyzing, and reporting all data from state assessments in accordance with the performance framework.

(6) Multiple schools overseen by a single governing board shall be required to report their performance as separate, individual schools, and each school shall be held independently accountable for its performance.

(b) Ongoing oversight and corrective action.

(1) An authorizer shall continually monitor the performance and legal compliance of the public charter schools it oversees, including collecting and analyzing data to support ongoing evaluation according to the charter contract. Every authorizer shall have the authority to conduct or require oversight activities that enable the authorizer to fulfill its responsibilities under this chapter, including conducting appropriate inquiries and investigations, so long as those activities are consistent with the intent of this chapter, adhere to the terms of the charter contract, and do not unduly prohibit the autonomy granted to public charter schools.

(2) Each authorizer shall annually publish and provide, as part of its annual report to the department and the Legislature, a performance report for each public charter school it oversees, in accordance with the performance framework set forth in the charter contract and Section 16-6F-6. The authorizer may require each public charter school it oversees to submit an annual report to assist the authorizer in gathering complete information about each school, consistent with the performance framework.

(3) In the event that a public charter school’s performance or legal compliance appears unsatisfactory, the authorizer shall promptly notify the public charter school of the perceived problem and provide reasonable opportunity for the school to remedy the problem, unless the problem warrants revocation, in which case the revocation timelines shall apply.

(4) Every authorizer shall have the authority to take appropriate corrective actions or exercise sanctions short of revocation in response to apparent deficiencies in public charter school performance or legal compliance. Such actions or sanctions may include, if warranted, requiring a school to develop and execute a corrective action plan within a specified time frame.

(c) Renewals, revocations, and nonrenewals.

(1) A charter may be renewed for successive five-year terms of duration, although the authorizer may vary the term based on the performance, demonstrated capacities, and particular circumstances of each public charter school. An authorizer may grant renewal with specific conditions for necessary improvement to a public charter school.

(2) No later than July 15, the authorizer shall issue a public charter school performance report and charter renewal application guidance to any public charter school whose charter is scheduled to expire the following year. The performance report shall summarize the public charter school’s performance record to date, based on the data required by this chapter and the charter contract, and shall provide notice of any weaknesses or concerns perceived by the authorizer concerning the public charter school that may jeopardize its position in seeking renewal if not timely rectified. The public charter school shall have 15 calendar days to respond to the performance report and submit any corrections or clarifications for the report.

(3) The renewal application guidance, at a minimum, shall provide an opportunity for the public charter school to do all of the following:

a. Present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal.

b. Describe improvements undertaken or planned for the school.

c. Detail the school’s plans for the next charter term.

(4) The renewal application guidance shall include or refer explicitly to the criteria that will guide the authorizer’s renewal decisions, which shall be based on the performance framework set forth in the charter contract and consistent with this chapter.

(5) No later than October 1, the governing board of a public charter school seeking renewal shall submit a renewal application to the charter authorizer pursuant to the renewal application guidance issued by the authorizer. The authorizer shall rule by resolution on the renewal application no later than 30 days after the filing of the renewal application.

(6) In making charter renewal decisions, every authorizer shall do all of the following:

a. Ground its decisions in evidence of the school’s performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract.

b. Ensure that data used in making renewal decisions are available to the school and the public.

c. Provide a public report summarizing the evidence basis for each decision.

(7) A charter contract may be revoked at any time if the authorizer determines that the public charter school did any of the following or otherwise failed to comply with this chapter:

a. Commits a material and substantial violation of any of the terms, conditions, standards, or procedures required under this chapter or the charter contract.

b. Fails to meet or make sufficient progress toward the performance expectations set forth in the charter contract.

c. Fails to attain the minimum state proficiency standard for public charter schools in each year of their operation and over the charter term.

d. Fails to meet generally accepted standards of fiscal management.

e. Substantially violates any material provision of law from which the public charter school was not exempted.

(8) An authorizer may non-renew a public charter school if the authorizer determines that the public charter school did any of the following or otherwise failed to comply with this chapter:

a. Commits a material and substantial violation of any of the terms, conditions, standards, or procedures required under this chapter or the charter contract.

b. Fails to meet the performance expectations set forth in the charter contract.

c. Fails to meet generally accepted standards of fiscal management.

d. Substantially violates any material provision of law from which the public charter school was not exempted.

(9) A charter contract shall not be renewed at the end of the contract term if the public charter school fails to meet the performance expectations set forth in the charter contract, or fails to attain the minimum state proficiency standard for public charter schools (minimum state standard) in each year of its operation and over the charter term, unless the public charter school demonstrates and the authorizer affirms, through formal action of its board, that other indicators of strength and exceptional circumstances justify the continued operation of the school. At the time of renewal, any public charter school that has received a grade of F on the statewide accountability system for all public schools pursuant to Section 16-6C-2, or a grade of D or F for the past three most recent years shall be considered to fall below the minimum state standard.

(10) An authorizer shall develop revocation and nonrenewal processes that do all of the following:

a. Provide the charter holders with a timely notification of the prospect of revocation or nonrenewal and of the reasons for such possible closures.

b. Allow the charter holders a reasonable amount of time in which to prepare a response.

c. Provide the charter holders with an opportunity to submit documents and give testimony challenging the rationale for closure and in support of the continuation of the school at an orderly proceeding held for that purpose.

d. Allow the charter holders access to representation by counsel, at the expense of the charter holder, and to call witnesses on their behalf.

e. Permit the recordings of such proceedings.

f. After a reasonable period for deliberation, require a final determination be made and conveyed in writing to the charter holders.

(11) If an authorizer revokes or does not renew a charter, the authorizer shall clearly state, in a resolution, the reasons for the revocation or nonrenewal.

(12) Within 15 days of taking action to renew, not renew, or revoke a charter, the authorizer shall report to the department the action taken, and shall provide a copy of the report to the public charter school at the same time that the report is submitted to the department. The report shall include a copy of the authorizer’s resolution setting forth the action taken and reasons for the decision and assurances as to compliance with all of the requirements set forth in this chapter.

(d) School closure and dissolution.

(1) Prior to any public charter school closure decision, an authorizer shall have developed a public charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property, and assets in accordance with the requirements of this chapter. The protocol shall specify tasks, timelines, and responsible parties, including delineating the respective duties of the school and the authorizer.

(2) In the event of a public charter school closure for any reason, the authorizer shall oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents, as guided by the closure protocol. In the event of a public charter school closure for any reason, the assets of the school shall be distributed first to satisfy outstanding payroll obligations for employees of the school, then to creditors of the school, and then to the State Treasury to the credit of the Education Trust Fund. If the assets of the school are insufficient to pay all parties to whom the school owes compensation, the prioritization of the distribution of assets may be determined by decree of a court of law.

(e) Charter transfers. Transfer of a charter contract, and of oversight of that public charter school, from one authorizer to another before the expiration of the charter term shall not be permitted except by special petition to the department by a public charter school or its authorizer. The department shall review such petitions on a case-by-case basis and may grant transfer requests in response to special circumstances and evidence that such a transfer would serve the best interests of the public charter school’s students.

(f) Annual report. On or before November 1 of each year beginning in the first year after the state has had public charter schools operating for a full school year, the department shall issue to the Governor, the Legislature, and the public at large, an annual report on the state’s public charter schools, drawing from the annual reports submitted by every authorizer as well as any additional relevant data compiled by the department, for the school year ending in the preceding calendar year. The annual report shall include a comparison of the performance of public charter school students with the performance of academically, ethnically, and economically comparable groups of students in non-charter public schools. In addition, the annual report shall include the department’s assessment of the successes, challenges, and areas for improvement in meeting the purposes of this chapter, including the department’s recommendations as to any suggested changes in state law or policy necessary to strengthen the state’s public charter schools.

(Act 2015-3, §8.)

§ 16-6F-9 Legal Status and Powers of Public Charter Schools; Employees

(a) Legal status of a public charter school.

(1) Notwithstanding any provision of law to the contrary, to the extent that any provision of this chapter is inconsistent with any other state or local law, rule, or regulation, the provisions of this chapter shall govern and be controlling.

(2) A public charter school shall be subject to all federal laws and authorities enumerated herein or arranged by charter contract with the school’s authorizer, where such contracting is consistent with applicable laws, rules, and regulations.

(3) Except as provided in this chapter, a public charter school shall not be subject to the state’s education statutes or any state or local rule, regulation, policy, or procedure relating to non-charter public schools within an applicable local school system regardless of whether such rule, regulation, policy, or procedure is established by the local school board, the State Board of Education, or the State Department of Education.

(4) A single governing board may hold one or more charter contracts. Each public charter school that is part of a charter contract shall be separate and distinct from any others.

(5) A start-up public charter school shall function as a local educational agency (LEA). A public charter school shall be responsible for meeting the requirements of LEAs under applicable federal, state, and local laws, including those relating to special education. LEA status shall not preclude a public charter school from developing partnerships with school systems for services, resources, and programs by mutual agreement or formal contract.

(6) A conversion public charter school shall remain a part of the LEA in which the non-charter public school existed prior to its conversion to a public charter school.

(7) A public charter school shall have primary responsibility for special education at the school, including identification and service provision. It shall be responsible for meeting the needs of enrolled students with disabilities. This does not preclude the public charter school from collaborating with the local school system to meet the needs of any special education student.

(8) The governing board of a public charter school shall hold meetings in the local school system in which the public charter school is located and at times convenient for parents to attend.

(9) All members of a governing board shall be subject to the State Ethics Law.

(b) Powers of public charter schools. A public charter school shall have all the powers necessary for carrying out the terms of its charter contract including the following powers:

(1) To receive and disburse funds for school purposes.

(2) To secure appropriate insurance and to enter into contracts and leases.

(3) To contract with an education service provider for the management and operation of the public charter school so long as the school’s governing board retains oversight authority over the school.

(4) To incur debt in reasonable anticipation of the receipt of public or private funds.

(5) To pledge, assign, or encumber its assets to be used as collateral for loans or extensions of credit.

(6) To solicit and accept any gifts or grants for school purposes subject to applicable laws and the terms of its charter contract.

(7) To acquire real property for use as its facility or facilities, from public or private sources.

(8) To sue and be sued in its own name.

(c) General requirements.

(1) A public charter school shall not discriminate against any person on the basis of race, creed, color, sex, disability, or national origin or any other category that would be unlawful if done by a non-charter public school.

(2) No public charter school may engage in any sectarian practices in its educational program, admissions or employment policies, or operations.

(3) A public charter school shall not discriminate against any student on the basis of national origin minority status or limited proficiency in English. Consistent with federal civil rights laws, public charter schools shall provide limited English proficient students with appropriate services designed to teach them English and the general curriculum.

(4) A public charter school shall not charge tuition and may only charge such fees as may be imposed on other students attending public schools in the state.

(5) The powers, obligations, and responsibilities set forth in the charter contract cannot be delegated or assigned by either party.

(d) Applicability of other laws, rules, and regulations.

(1) Public charter schools shall be subject to the same civil rights, health, and safety requirements, including, but not limited to, state and local public health and building codes, employee fingerprinting and criminal background checks applicable to other public schools in the state, except as otherwise specifically provided in this chapter.

(2) Public charter schools shall be subject to the statewide end-of-year annual standardized assessment as applicable to other public schools in the state, but nothing herein shall preclude a public charter school from establishing additional student assessment measures that go beyond state requirements if the school’s authorizer approves such measures.

(3) Public charter school governing boards shall be subject to and comply with the Alabama Open Meetings Act and public records laws.

(4) Any provision of this chapter to the contrary notwithstanding, public charter schools shall be subject to competitive bid laws in the same fashion as local boards of education.

(e) Public charter school employees.

(1) Public charter schools shall comply with applicable federal laws, rules, and regulations regarding the qualification of teachers and other instructional staff. In accordance with subsection (a), teachers in public charter schools shall be exempt from state teacher certification requirements.

(2) Start-up public charter schools may elect to participate in the Teachers’ Retirement System and Public Education Employees’ Health Insurance Plan. Such election must take place prior to the execution of the charter contract and once made is irrevocable. Conversion charter schools shall participate in the Teachers’ Retirement System and Public Education Employees’ Health Insurance Plan and shall provide compensation for teachers and school nurses that complies with the pro rata daily rate of pay as provided in the state minimum salary schedules for teachers and school nurses. Employees of participating start-up public charter schools and employees of conversion public charter schools shall participate in the Teachers’ Retirement System of Alabama as teachers defined in subdivision (3) of Section 16-25-1, and are eligible to participate in the Public Education Employees’ Health Insurance Plan as employees defined in subdivision (1) of Section 16-25A-1.

(3) A public charter school may not interfere with laws and applicable rules protecting the rights of employees to organize and be free from discrimination.

(4) Public charter school employees, teachers, and other instructional staff shall be subject to the State Ethics Law, Chapter 25 of Title 36.

(f) Access to extracurricular and interscholastic activities. Nothing in this chapter shall be construed to prevent a public charter school from forming an athletic team and participating in interscholastic athletics in the State of Alabama. If a public charter school elects for its students to participate in athletic contests or competitions, then the school shall pursue membership in the Alabama High School Athletic Association and shall adhere to all guidelines, rules, regulations, and bylaws as other member schools.

(Act 2015-3, §9.)

§ 16-6F-10 Reporting of Enrollment, Attendance, Etc.; Funding

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

(b) Operational funding.

(1) The following provisions govern operational funding:

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

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

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

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

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

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

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

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

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

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

(3) SPECIAL EDUCATION FUNDING.

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

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

(4) GENERALLY ACCEPTED ACCOUNTING PRINCIPLES; INDEPENDENT AUDIT.

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

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

(5) TRANSPORTATION FUNDING.

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

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

c. Public charter schools that do not provide transportation services shall not be allocated any federal, state, or local funds otherwise earmarked for transportation-related expenses.

(Act 2015-3, p. 18, §10; Act 2022-371, §1(b)(3); Act 2023-420, §1.)

§ 16-6F-11 Public School and College Authority Funding; Local School System Facilities and Land

(a) Access to Alabama Public School and College Authority (PSCA) funds.

(1) Public charter schools shall have the same rights and access to PSCA funding opportunities as non-charter public schools.

(2) The PSCA and the department shall adopt and maintain a policy to ensure that public charter schools receive access to equitable facilities funding.

(b) Access to local school system facilities and land.

(1) A public charter school shall have a right of first refusal to purchase or lease at or below fair market value a closed or unused public school facility or property located in a school system from which it draws its students if the school system decides to sell or lease the public school facility or property.

(2) Unused facility means a school building or other local board of education owned building that is or could be appropriate for school use, in which more than 60 percent of the building is not being used for direct student instruction or critical administration purposes and for which no offer to purchase has been executed.

(3) The department shall publish the names and addresses of unused facilities on its website in a list that is searchable at least by each facility’s name and address. This list shall be updated at least once a year by May 1.

(Act 2015-3, §11.)

Chapter 6G Alabama Literacy Act

§ 16-6G-1 Short Title

This chapter shall be known and may be cited as the Alabama Literacy Act.

(Act 2019-523, §1.)

§ 16-6G-2 Definitions

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

(1) ALPHABETIC PRINCIPLE. The ability to accurately apply knowledge of the relationship between letters and sounds during the acts of encoding and decoding.

(2) COMPREHENSION. The ability to read and process text and understand its meaning.

(3) DECODING. The act of applying knowledge of the alphabetic principle to correctly pronounce written words.

(4) DYSLEXIA. A specific learning challenge or disability that is neurological in origin. It is characterized by difficulties with accurate or fluent, or both, word recognition and by poor spelling and decoding abilities, which typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction.

(5) ENCODING. The act and process of using knowledge of the relationships between sounds and letters to spell and write words.

(6) FLUENCY. The ability to read with accuracy, appropriate rate, and proper expression.

(7) PHONEMIC AWARENESS. The ability to hear, identify, and manipulate individual sounds. Phonemic awareness is an auditory activity.

(8) PHONICS. The relationships between the letters of written language and the individual sounds of spoken language including syllable types, morphology of Greek and Latin roots, and multisyllabic words.

(9) PHONOLOGICAL AWARENESS. The general understanding of the sound structure of words and sentences.

(10) TASK FORCE. The Literacy Task Force created under Section 16-6G-3.

(11) VOCABULARY. The body of written or oral language known to an individual.

(Act 2019-523, §2; Act 2022-392, §1.)

§ 16-6G-3 Literacy Task Force; Membership; Meetings; Approved Assessment Systems

(a) The State Superintendent of Education shall convene a standing Literacy Task Force by December 1, 2019, to provide recommendations for comprehensive core reading and reading intervention programs, a state continuum of teacher development for approved science of reading pursuant to subsection (e) of Section 16-6G-6, and an annual list of vetted assessments that are valid and reliable reading screening, formative, and diagnostic assessment systems for selection and use by local education agencies. In future reviews, the task force shall add an element to the core reading and intervention program rubrics to review content for age appropriateness. The list finalized by the State Superintendent of Education for the 2021-2022 school year shall be valid for a period of five years, beginning with the date of approval. The vetted and approved list of assessments by the task force shall be valid for a period of three years, beginning with the 2023-2024 school year. Assessments may be added during that time period, but not removed. Any changes must be approved by the task force. The task force shall endeavor to include multiple vendors in each approved list. The task force shall make public all rubrics and measurements used to determine eligibility and compliance for all assessments that applied for consideration. All appointing authorities shall coordinate their appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state. The State Department of Education shall verify that each appointee satisfies the credentials under which he or she was appointed. The membership of the task force shall include all of the following appointees, each of whom shall have at least three years of experience with scientifically based reading instruction:

(1) The Director of the Alabama Reading Initiative.

(2) Two public K-12 teachers appointed by the Executive Director of the Alabama Education Association.

(3) One public K-12 special education teacher appointed by the State Superintendent of Education.

(4) Three Certified Academic Dyslexia Therapists, who have been certified for a minimum of three years, appointed by the Alabama Branch of the International Dyslexia Association.

(5) Two public school principals appointed by the Executive Director of the Council for Leaders in Alabama Schools.

(6) One local superintendent of education appointed by the Executive Director of the School Superintendents of Alabama.

(7) One local board of education member appointed by the Alabama Association of School Boards.

(8) One national expert in literacy member appointed by the State Superintendent of Education.

(9) One early childhood educator appointed by the Secretary of the Alabama Department of Early Childhood Education.

(10) One dean of a college of education appointed by the Alabama Commission on Higher Education.

(11) Seven additional members, including two public K-12 teachers, four of whom shall be appointed by the Governor and three by the State Superintendent of Education.

(12) Two at-large members: One member shall be appointed by the President Pro Tempore of the Senate to serve as chair for a two-year term and subsequently as vice chair for a two-year term, and one member shall be appointed by the Speaker of the House of Representatives to serve as vice chair for a two-year term and subsequently as chair for a two-year term.

(b) Members appointed to the task force shall be appointed to serve a four-year term and may be reappointed to serve one additional two-year term.

(c) The members of the task force shall be reimbursed through the department for expenses incurred in the performance of their duties for the task force in the same manner and at the same rate as is provided for state employees. Subject to appropriations, nothing in this chapter shall limit payment for their service.

(d) The task force shall meet at least twice a year. The task force shall set meeting dates and times, set agendas, vote, and develop recommendations for the State Superintendent of Education. All task force meetings and subcommittee meetings shall be publicly posted along with a complete listing of all task force members.

(e) Each approved assessment system shall do all of the following:

(1) Provide screening and diagnostic capabilities for monitoring student progress.

(2) Measure, at a minimum, phonological awareness, oral language, the alphabetic principle, including letter naming, letter sound, and sound letter correspondences, decoding, encoding, accuracy, vocabulary, and comprehension.

(3) Identify students who have a reading deficiency, including identifying students with characteristics of dyslexia.

(4) Provide predictive validity with regard to the state summative assessment.

(f) In determining which assessment systems to approve for use by local education agencies, the task force, at a minimum, shall also consider all of the following factors:

(1) The time required to conduct the assessments, with the intention of minimizing the impact on instructional time.

(2) The level of integration of assessment results with instructional support for teachers and students.

(3) The timeliness in reporting assessment results to teachers, administrators, and parents.

(Act 2019-523, §3; Act 2022-392, §1; Act 2023-417, §1.)

§ 16-6G-4 Use of Funds in Support of Alabama Reading Initiative; Literacy and Reading Specialists

(a) Funds appropriated by the Legislature in support of the Alabama Reading Initiative shall be allocated to support and implement, in accordance with this chapter, the following:

(1) Local education agencies to support local reading specialists.

(2) The Alabama Summer Achievement Program.

(3) Regional literacy specialists.

(4) Preservice and inservice teacher professional learning activities for elementary school teachers in reading.

(5) Curricula to support student interventions.

(6) State administration.

(b) Funds dedicated to the Alabama Reading Initiative shall be expended on local and regional reading specialists, professional learning activities, and administrative activities that support all of the following activities for kindergarten through third grade students in public K-12 schools; continued funding shall be contingent on measurable performance growth, as determined by the Alabama Committee on Grade Level Reading created pursuant to Section 16-6G-7:

(1) Administration and analysis of reading screening, formative, and diagnostic assessments to guide instruction.

(2) Scientifically based reading instruction, multisensory language instruction, including oral language development, phonological awareness, phonics instruction that includes decoding and encoding, fluency, writing, vocabulary, and comprehension, and the Alabama course of study, English Language Arts.

(3) Explicit and systematic instruction with more detailed explanations, more extensive opportunities for guided practice, and more opportunities for error correction and feedback.

(4) Differentiated reading instruction and intensive intervention based on student need, including students exhibiting the characteristics of dyslexia.

(c) Alabama Reading Initiative regional literacy specialists shall provide support to local education agencies through a gradual release model, whereby the regional reading specialist shall support a struggling school until that school has improved core instruction to the extent that it is no longer among the lowest performing five percent in reading of elementary schools in reading proficiency, as determined by annual results of the state summative assessment for federal and statewide accountability.

(1) Regional literacy specialists shall provide intensive support for elementary schools that are among the lowest performing five percent in reading of elementary schools. Each school among the lowest performing five percent in reading elementary schools shall be assigned a regional literacy specialist who shall serve as a resource for professional development throughout the school to improve literacy instruction and student achievement. A regional literacy specialist who is assigned to a school shall primarily serve only that school.

(2) Elementary schools that are not among the lowest performing five percent in reading schools shall receive limited literacy support from an Alabama Reading Initiative regional literacy specialist, who shall be assigned to multiple schools. All other regional literacy specialists shall be assigned to serve multiple elementary schools and shall provide ongoing professional development for teachers in analyzing students’ reading data to impact instruction, administering and analyzing instructional assessments, differentiating instruction and intensive intervention, and monitoring the reading progress of all students a minimum of three times per year, and make instruction adjustment recommendations according to student specific need. Distance and need shall be considered by local superintendents of education when selecting the schools where a regional literacy specialist shall serve. There shall be two levels of limited literacy support provided by a regional literacy specialist. The local superintendent of education of a local education agency subject to this subdivision shall determine the level of limited support that each regional literacy specialist shall provide.

a. Limited support 1. An Alabama Reading Initiative regional literacy specialist shall make monthly onsite visits to the school and shall monitor the reading progress of all students a minimum of three times per year and adjust instruction according to student specific need.

b. Limited support 2. An Alabama Reading Initiative regional literacy specialist shall make quarterly onsite visits to the school and shall monitor the reading progress of all students a minimum of three times per year and make instruction adjustment recommendations according to student specific need.

(3) An Alabama Reading Initiative regional literacy specialist shall have all of the following minimum qualifications:

a. The required Alabama Professional Educator Certificate.

b. A bachelor’s degree and advanced coursework or professional development in the science of reading, multisensory language instruction, such as Language Essentials for Teachers of Reading and Spelling, or a comparable alternative training approved by the State Board of Education.

c. A minimum of four years of experience as a successful elementary or literacy teacher.

d. A knowledge of scientifically based reading research, special expertise in quality reading instruction and intervention, dyslexia specific interventions, and data analysis.

e. A strong knowledge base in the science of learning to read and the science of early childhood education.

f. Excellent communication skills with outstanding presentation, interpersonal, and time management skills.

(d) An Alabama Reading Initiative local reading specialist shall be assigned to provide intensive, targeted professional development for elementary school teachers at one school.

(1) An Alabama Reading Initiative local reading specialist shall have all of the following minimum qualifications:

a. The required Alabama Professional Educator Certificate.

b. A bachelor’s degree and advanced coursework or professional development in the science of reading, such as multisensory language instruction, or comparable alternative training approved by the State Board of Education.

c. A minimum of two years of experience as a successful elementary or literacy teacher.

d. A knowledge of scientifically based reading research, special expertise in quality reading instruction and intervention, dyslexia specific interventions, and data analysis.

e. A strong knowledge base in the science of learning to read and the science of early childhood education.

f. Excellent communication skills with outstanding presentation, interpersonal, and time management skills.

(2) The duties and responsibilities of an Alabama Reading Initiative local reading specialist shall include all of the following:

a. Collaborating with the principal to create a strategic plan for coaching.

b. Facilitating schoolwide professional development and study groups.

c. Modeling effective reading instructional strategies for teachers.

d. Coaching and mentoring teachers daily.

e. Facilitating data analysis discussions and supporting teachers by using data to differentiate instruction according to the needs of students.

f. Fostering multiple areas of teacher professional learning, including exceptional student education and content area knowledge.

g. Prioritizing time for those teachers, activities, and roles that will have the greatest impact on student reading achievement, such as coaching and mentoring in classrooms.

h. Monitoring the reading progress of all students a minimum of three times per year and making recommendations for adjustment of instruction according to student specific need.

(3) An Alabama Reading Initiative local reading specialist may not perform administrative functions such as serving as an evaluator, substitute teacher, assessment coordinator, or school administrator.

(e) The State Superintendent of Education and local education agencies shall monitor the implementation and effectiveness of the Alabama Reading Initiative regional literacy specialist and local reading specialist model, and the State Superintendent of Education and each local education agency being served by a regional literacy specialist or a local reading specialist shall maintain communication among the district, school administration, and the Alabama Reading Initiative state administration staff throughout the academic year.

(1) The State Superintendent of Education, or his or her designee, shall certify that each Alabama Reading Initiative regional literacy specialist or local reading specialist satisfies the minimum qualifications provided by this chapter before coaches are hired with funds appropriated by the Legislature to support the Alabama Reading Initiative.

(2) The State Superintendent of Education shall develop an evidence-based accountability reporting system for the Alabama Reading Initiative that shall measure student growth and proficiency towards teacher professional learning goals and student performance on state-approved formative and summative assessments and shall specify the number of teachers, administrators, and other personnel at each school and local education agency who have started or completed an approved training program in the science of reading, and the name of the training program.

(3) The State Superintendent of Education shall submit a report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Chairs of the House Ways and Means Education Committee, Senate Finance and Taxation Education Committee, House Education Policy Committee, Senate Education Policy Committee, the task force, and the Alabama Committee on Grade Level Reading created pursuant to Section 16-6G-7, no later than December 31, annually, on the status of teacher professional learning, student growth and proficiency against grade level standards in K-3 reading.

(Act 2019-523, §4; Act 2022-392, §1.)

§ 16-6G-5 Reading and Intervention Programs; Individual Reading Improvement Plan; Summer Reading Camps; Alabama Summer Achievement Program; Retention of Students; Reporting Requirements

(a) Commencing with the 2022-2023 school year, to ensure that public school students are able to read at or above grade level by the end of third grade, each local education agency shall offer an approved comprehensive core reading program to all students based on the science of reading which develops foundational reading skills. In addition, no school district may use any curriculum for public K-3 students that does not have instructional time included.

(b) Based on the results of the reading assessment in Section 16-6G-3, each K-3 student who exhibits a reading deficiency, or the characteristics of dyslexia, shall be provided an appropriate reading intervention program to address his or her specific deficiencies. Additionally, students shall be evaluated after every grading period and, if a student is determined to have a reading deficiency, the school shall provide the student with additional tutorial support. The task force shall recommend a list of vetted and approved comprehensive reading and intervention programs. The intervention program shall be provided in addition to the comprehensive core reading instruction that is provided to all students in the general education classroom. Dyslexia specific intervention, as defined by rule of the State Board of Education, shall be provided to students who have the characteristics of dyslexia and all struggling readers. The reading intervention program shall do all of the following:

(1) Provide explicit, direct instruction that is systematic, sequential, and cumulative in language development, phonological awareness, phonics, fluency, vocabulary, and comprehension, as applicable.

(2) Provide daily targeted small group reading interventions based on student need in phonological awareness, phonics including decoding and encoding, sight words, vocabulary, or comprehension.

(3) Be implemented during regular school hours.

(c) The parent or legal guardian of any K-3 student who exhibits a consistent deficiency in letter naming fluency, letter sound fluency, nonsense word reading, sight words, oral reading accuracy, vocabulary, or comprehension at any time during the school year shall be notified in writing no later than 15 school days after the identification. In addition to the requirement that the Literacy Task Force consider and minimize the impact on instructional time when recommending an assessment system for approval by the State Superintendent of Education pursuant to subsection (c) of Section 16-6G-3, the State Superintendent of Education and each local education agency shall minimize the impact on instructional time and teacher paperwork required to comply with the written notification requirements of this subsection. The written notification shall include all of the following:

(1) A statement that the student has been identified as having a deficiency in reading or exhibits the characteristics of dyslexia, and that a reading improvement plan shall be developed by the teacher, principal, other pertinent school personnel, and the parent or legal guardian.

(2) A description of the current services that are provided to the student.

(3) A description of the proposed evidence-based reading interventions and supplemental instructional services and supports that shall be proposed for discussion while establishing the student’s reading improvement plan as provided in subsection (d).

(4) Notification that the parent or legal guardian shall be informed in writing at least monthly of the progress of the student towards grade level reading.

(5) Strategies and resources for the parent or legal guardian to use at home to help the student succeed in reading.

(6) A statement that if the reading deficiency of the student is not addressed by the end of third grade, the student will not be promoted to fourth grade unless a good cause exemption is satisfied.

(7) A statement that while the statewide reading assessment is the initial determinant for promotion, the assessment is not the sole determiner at the end of third grade. Additionally, students shall be provided with a test-based student portfolio option and a supplemental reading assessment option to demonstrate sufficient reading skills for promotion to fourth grade.

(d) Any K-3 student who exhibits a reading deficiency at any time, as provided in subsection (b), shall receive an individual reading improvement plan no later than 30 days after the identification of the reading deficiency.

(1) The reading improvement plan shall be created by the teacher, principal, other pertinent school personnel, and the parent or legal guardian of the student, and shall describe the evidence-based reading intervention services, including dyslexia specific intervention services, that the student shall receive to improve the reading deficit.

(2) Each identified student shall receive intensive reading intervention until the student no longer has a deficiency in reading, as determined by a State Board of Education approved reading assessment.

(3) Funds allocated to procuring curricula for student interventions pursuant to subdivision (5) of subsection (a) of Section 16-6G-4 shall be divided, based on a per pupil allocation determined by the number of students of each local education agency who are not proficient on a state approved reading assessment during the prior academic year, and distributed by the State Superintendent of Education.

(e) Each local education agency shall provide summer reading camps to all K-3 students identified with a reading deficiency as described in subsection (b).

(1) Summer reading camps shall be staffed with highly effective teachers of reading as demonstrated by student reading performance data, completion of multisensory structured language education, and teacher performance evaluations.

(2) The highly effective teacher of reading shall provide direct, explicit, and systematic reading intervention services and supports to improve any identified area of reading deficiency.

(3) Summer reading camps, at a minimum, shall include at least 60 hours of time in scientifically based reading instruction and intervention.

(4) A State Board of Education approved reading assessment system shall be administered at the beginning and end of the summer reading camp to measure student progress.

(5) Summer reading camps may be held in conjunction with existing summer programs in the school district or in partnership with community-based summer programs, designated as effective by the State Superintendent of Education and the task force.

(f) The Alabama Summer Achievement Program is established and shall be available to all K-3 students in public elementary schools that are among the lowest performing five percent in reading of elementary schools.

(1) The program shall be administered and funded by the allocation provided in subdivision (2) of subsection (a) of Section 16-6G-4.

(2) Funds allocated to the program in excess of the amount needed to fully fund summer programs in public elementary schools that are among the lowest performing five percent in reading schools shall be divided, based on a per pupil allocation, and distributed by the State Superintendent of Education, to support high quality summer camps at elementary schools that are not among the lowest performing five percent in reading elementary schools. The State Superintendent of Education shall award the funds to each local education agency based on the number of students who scored deficient, as determined by the task force, on a state-approved reading assessment used to determine reading proficiency during the administration of the assessment during the preceding academic year.

(3) The State Superintendent of Education shall provide guidelines for the administration of the Alabama Summer Achievement Program, and shall oversee all of the following:

a. The administration of the Alabama Summer Achievement Program in the lowest performing five percent in reading elementary schools.

b. The response to instruction process in the lowest performing five percent in reading elementary schools.

c. The Alabama Reading Initiative regional literacy specialists and local reading specialists.

d. All other aspects of implementation of this chapter including, but not limited to, collaboration among State Department of Education staff and the task force to improve the reading proficiency of public K-3 students and implementation of rules adopted by the State Board of Education.

e. The implementation of rules adopted by the State Board of Education pertaining to dyslexia.

f. Collaboration with the Alabama Reading Initiative state staff and the Alabama Department of Early Childhood Education for appropriate professional learning recommended by the Alabama Committee on Grade Level Reading created pursuant to Section 16-6G-7.

g. The development of guidelines for identifying the characteristics of dyslexia.

(g) Any incoming third grade student identified with a reading deficiency shall be provided more intensified reading interventions to improve his or her specific reading deficiency. Reading intervention services shall include effective instructional strategies to accelerate student progress. Each local education agency shall conduct a review of student reading improvement plans for all incoming third grade students identified with a reading deficiency. The review shall address additional supports and services, as described in this section, necessary to improve any identified area of reading deficiency. The local education agency shall provide all of the following services for third grade students identified with a reading deficiency, and those services may be funded with funds received through the allocation provided in subdivision (2) of subsection (a) of Section 16-6G-4:

(1) An effective or highly effective teacher of reading as demonstrated by student reading performance data and teacher performance evaluations.

(2) Reading intervention services and supports to improve any identified area of reading deficiency including, but not limited to, all of the following:

a. Additional instructional time devoted to scientifically based and evidence based reading instruction and intervention.

b. The use of evidence based reading strategies or programs, or both, that have been vetted and approved by the State Superintendent of Education and the task force, that have demonstrated proven results in accelerating student reading achievement within the same school year.

c. Daily targeted small group reading intervention based on student need.

d. Explicit and systematic instruction with more detailed explanations, more extensive opportunities for guided practice, and more opportunities for error correction and feedback.

e. Frequent monitoring of the progress of the reading skills of each student throughout the school year and adjusting instruction according to student need.

(3) Before school or after school, or both, supplemental evidence-based reading intervention delivered by a teacher or tutor with specialized reading training.

(4) A read at home plan, including participation in parent training workshops or regular parent guided home reading activities.

(h) Commencing with the 2023-2024 school year, third grade students shall demonstrate sufficient reading skills for promotion to fourth grade. Students shall be provided all of the following options to demonstrate sufficient reading skills for promotion to fourth grade, and the State Superintendent of Education shall provide guidelines for the implementation of this subsection:

(1) Scoring above the cut score, as determined by rule of the State Board of Education, on a board-approved assessment in reading as provided in Section 16-6G-3.

(2) Earning an acceptable score on a supplemental standardized reading assessment as determined and approved by the State Board of Education.

(3) Demonstrating mastery of third grade minimum essential state reading standards as evidenced by a student reading portfolio. The State Superintendent of Education and the task force shall establish criteria for minimum essential standards and the student reading portfolios and a definition of what constitutes mastery of all third grade state reading standards.

(i) If a student does not demonstrate sufficient reading skills on one of the three options listed in subsection (h) and does not qualify for a good cause exemption, the student may not be promoted to fourth grade. Students with disabilities whose Individualized Education Plan indicates that participation in the statewide assessment program is not appropriate, consistent with state law, are automatically exempt from demonstrating sufficient reading skills outlined in this chapter in order to achieve promotion.

(j) A local education agency may only exempt students from mandatory retention, as provided in subsection (i), for good cause. A student who is promoted to fourth grade with a good cause exemption shall continue to receive intensive reading intervention that includes specific reading strategies prescribed in the individual reading improvement plan of the student until the deficiency is improved. The local education agency shall assist schools and teachers with the implementation of reading strategies that research has shown to be successful in improving reading among students with reading difficulties. Good cause exemptions shall be limited to the following:

(1) Students identified as English language learners who have had less than three years of instruction in English as a second language.

(2) Students with disabilities who participate in the statewide English language arts reading assessment and who have an Individual Education Plan or a Section 504 plan that reflects that the student has received intensive reading intervention for more than two years and who still demonstrates a deficiency in reading or was previously retained in kindergarten, first grade, second grade, or third grade.

(3) Students who have received intensive reading intervention for two or more years and who still demonstrate a deficiency in reading and who were previously retained in kindergarten, first grade, or second grade for a total of two years. No student shall be retained more than once in the third grade.

(k) No student shall be retained more than twice in kindergarten through third grade.

(l) A request to exempt a student from the mandatory retention requirement using one of the good cause exemptions listed in subsection (j) shall be made consistent with the following:

(1) Documentation shall be submitted to the school principal from the teacher of the student that indicates that the promotion of the student is appropriate. Documentation shall include a statement identifying which good cause exemption is requested, as well as the existing reading improvement plan or Individual Education Plan of the student, as applicable.

(2) The school principal shall review the recommendation of the teacher, determine if the student meets one of the good cause exemptions, and shall make his or her determination in writing to the local superintendent of education. The local superintendent of education, in writing, shall approve or reject the recommendation of the school principal.

(3) The local education agency shall assist schools under its jurisdiction in providing written notification to the parent of any student who is retained in third grade for not achieving the reading level required for promotion. Notice shall clearly state the reasons why the student is not eligible for a good cause exemption and shall include a description of the proposed interventions and supports that shall be provided to the student to improve any identified area of reading deficiency during the retained year.

(4) There shall be established at each school, as applicable, an intensive acceleration for any student retained in third grade. In addition to the criteria established in subdivisions (1) to (4), inclusive, of subsection (g), the intensive acceleration shall be taught by a highly effective teacher of reading who has received training in the science of reading and multisensory language instruction, as demonstrated by student reading performance data and teacher performance evaluations; shall have a reduced teacher-student ratio; and shall provide explicit and systematic reading instruction and intervention for the majority of student contact time each day.

(m) Annually, on or before September 30, each local education agency shall report in writing to the State Superintendent of Education the following information on the previous school year:

(1) By grade, the number and percentage of all K-3 students identified with a reading deficiency on a State Department of Education approved reading assessment.

(2) By grade, the number and percentage of students screened for dyslexia characteristics, the number and percentage of students identified as demonstrating the characteristics of dyslexia and receiving dyslexia specific intervention, and the name of the dyslexia specific intervention being provided.

(3) By grade, the number and percentage of all K-3 students performing on grade level or above on a State Board of Education approved reading assessment.

(4) The total number and percentage of students starting third grade with a reading deficiency, which shall include the specific area of reading deficiency.

(5) The total number and percentage of third grade students who started third grade with a reading deficiency but completed third grade on grade level as determined by the third grade state standardized assessment in reading.

(6) By grade, the total number and percentage of eligible K-3 students who attended the Alabama Summer Achievement Program or other mandatory summer reading camp.

(7) By grade, pre- and post-Alabama Summer Achievement Program reading assessment scores and other mandatory summer camp data.

(8) By grade, the number and percentage of all students retained in grades K-3.

(9) The total number and percentage of students in third grade who demonstrated sufficient reading skills for promotion on the alternative reading assessment.

(10) The total number and percentage of students in third grade who were promoted for good cause, by each category of good cause specified in subsection (j).

(11) In succeeding years, the performance of students promoted with a good cause on the state standardized assessment in reading.

(12) By school, the number of teachers who are participating in or have completed professional development in the science of reading and who hold advanced certifications in those areas.

(13) By school, the number of teachers who have completed training in dyslexia awareness, multisensory strategies, and satisfy the definition of a dyslexia interventionist as defined by rule of the State Board of Education.

(n) The State Superintendent of Education shall establish a uniform format for local school systems to use in reporting the information required by subsection (m). The format shall be developed with input from local education agencies and shall be provided to each local education agency no later than 90 days before the annual due date. Annually, on or before December 1, the State Superintendent of Education shall compile the information received from the local education agencies into state level summary information and report the information to the State Board of Education, the public, the Governor, the Lieutenant Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chairs of the House Ways and Means Education Committee and Senate Finance and Taxation Education Committee, the task force, and the Alabama Committee on Grade Level Reading created pursuant to Section 16-6G-7.

(1) The Alabama Committee on Grade Level Reading created pursuant to Section 16-6G-7 shall recommend annual reading growth and proficiency targets based on the information required to be reported to the superintendent in subsection (m).

(2) Of the funds allocated to the Alabama Reading Initiative pursuant to subdivision (6) of subsection (a) of Section 16-6G-4 for state administration, the State Superintendent of Education may allocate such sums as he or she deems appropriate to establish an Alabama Reading Initiative Incentive Program that shall distribute monetary incentives to schools based on a formula, approved by the State Superintendent of Education with the Alabama Committee on Grade Level Reading created in Section 16-6G-7, that shall factor the size and geography of the school, reading growth and proficiency, and the composition of student subgroups.

(Act 2019-523, §5; Act 2022-391, §1; Act 2022-392, §1.)

§ 16-6G-6 Dyslexia Therapist Certification Endoresement; Accreditation of Teacher Preparation Programs; Licensure and Certification of Teachers; Professional Learning

(a) The State Superintendent of Education shall develop, and the State Board of Education shall approve, a dyslexia therapist certification endorsement on or before December 31, 2019.

(1) K-12 and early childhood teachers who have completed an International Multisensory Structured Language Education Council endorsed training course and have received a passing score on the Academic Language Therapy Association’s Certified Academic Language Therapy assessment, or the International Dyslexia Association’s Knowledge and Practice Examination of Effective Reading Instruction, and who hold a valid Professional Educator Certificate shall be eligible for a dyslexia therapist endorsement.

(2) Teacher preparation programs at public colleges and universities in the state shall offer dyslexia therapy teacher preparation courses that are approved by the International Multisensory Structured Language Education Council or the International Dyslexia Association. Multi-institutional consortia or affiliations to assure access to these courses is acceptable.

(3) Subject to appropriations from the Legislature, the State Superintendent of Education and the Alabama Commission on Higher Education shall develop and approve a dyslexia therapist endorsement incentive, which shall be available to teachers who attain the dyslexia therapist endorsement. The State Superintendent of Education shall construct parameters for earning the dyslexia therapist endorsement incentive.

(b) All teacher preparation programs authorized to prepare students for state licensure shall seek accreditation by the council or association for the accreditation of educator preparation on or before December 31, 2020.

(c) The State Department of Education shall provide to public and private universities, on an annual basis, the information required for those institutions to comply with council for the accreditation of educator preparation standard four requirements for accreditation. The Alabama Commission on Higher Education shall convene the public university deans of education to facilitate the development of a format for the data needed for accreditation compliance, and work with the State Superintendent of Education to establish effective and timely reporting processes.

(d) As a requirement of initial licensure, beginning with the 2020-2021 school year, candidates for initial elementary certification shall receive a passing score, as determined by the State Board of Education, which shall base its determination on the national score average during the preceding academic year, on a foundational reading assessment for entry level teachers of reading. Beginning with the graduating class of 2021, teachers seeking an initial elementary certification who have passed the edTPA and a foundational reading assessment may no longer be required to pass an additional reading assessment.

(e) Beginning with the 2020-2021 academic year, public teacher preparation programs leading to the attainment of an initial elementary teaching certification shall require no less than nine credit hours of reading or literacy coursework, or both, based on the science of learning to read, including multisensory strategies in foundation reading skills. The nine credit hours of reading or literacy coursework shall be incorporated within the current credit hours currently approved for the degree program and not require additional credit hours for graduation.

(f) The standing task force created by Section 16-6G-3, state public teacher preparation programs, and regional professional development inservice centers shall work together in establishing a state continuum of teacher development for approved science of reading that will reflect levels of literacy teacher development from preservice, reading specialist, to instructional leadership. The State Superintendent of Education and the regional inservice centers shall provide preservice and inservice elementary teachers with all of the following professional learning activities:

(1) Mentoring and shadowing with master teachers selected by Alabama Reading Initiative regional literacy specialists and local reading specialists.

(2) Job embedded, classroom-based coaching in the teaching of reading for the first five years of a teacher’s career.

(3) Curricula and resources in all of the following reading content areas:

a. Oral language development.

b. Phonemic awareness.

c. Phonics.

d. Fluency.

e. Vocabulary.

f. Writing.

g. Comprehension.

(Act 2019-523, §6.)

§ 16-6G-7 Alabama Committee on Grade Level Reading

(a) The State Superintendent of Education shall establish the Alabama Committee on Grade Level Reading. The committee shall consist of four members appointed from each State Board of Education district. The Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate shall each appoint one member from each district. The appointing authorities shall coordinate their appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state.

(b) Each member of the committee shall be a parent or legal guardian of a state K-12 public school student, a practicing teacher, a retired teacher, or employed in the field of education.

(c) On or before June 30, 2020, the committee shall revise the 2011 Alabama Action Plan for Literacy Birth Through Grade 12 in consultation with the Campaign for Grade Level Reading group, which shall be presented to the Governor, the State Superintendent of Education, the State Board of Education, and the Chairs of the House Education Policy Committee and the Senate Education Policy Committee.

(d) The committee shall provide recommendations to the Governor, the Lieutenant Governor, and the Chairs of the House Education Policy Committee and the Senate Education Policy Committee on implementing this chapter and shall provide standing oversight over the quality of professional learning and program quality. The committee shall provide recommendations to the State Superintendent of Education, the Governor, the Lieutenant Governor, and the Chairs of the House Education Policy Committee and the Senate Education Policy Committee on adopting innovative strategies and programming to improve the effectiveness of this chapter.

(e) Each member of the committee shall receive the same travel expense allowance as is paid to state employees for travel in the service of the committee, subject to available appropriations.

(Act 2019-523, §7; Act 2021-177, §1(b)(1).)

§ 16-6G-8 Technical Assistance; Rulemaking Authority

The State Superintendent of Education shall provide technical assistance to local education agencies in complying with this chapter. The State Board of Education shall adopt rules as necessary to implement and enforce this chapter.

(Act 2019-523, §8.)

Chapter 6H Alabama Numeracy Act

§ 16-6H-1 Short Title

This chapter shall be known and may be cited as the Alabama Numeracy Act.

(Act 2022-249, §1.)

§ 16-6H-2 Definitions

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

(1) ALGEBRAIC REASONING. Recognizing and generalizing about patterns and relationships; representing patterns and relationships by analyzing structures of the patterns; and using mathematical models (concrete, pictorial, and abstract) to represent patterns.

(2) AMSTI. The Alabama Mathematics, Science, and Technology Initiative.

(3) CARDINALITY. Understanding that the last number word said when counting tells how many objects have been counted.

(4) COMPUTATIONAL FLUENCY. Possessing efficient and accurate methods for computing.

(5) CONCEPTUAL UNDERSTANDING. The ability to reason in settings involving the careful application of concept definitions, relations, or representations of either.

(6) DEPARTMENT. The State Department of Education.

(7) DYSCALCULIA. A term used to refer to a pattern of learning difficulties characterized by problems processing numerical information, learning arithmetic facts, performing accurate or fluent calculations, difficulties with mathematical reasoning, and difficulties with word reasoning accuracy.

(8) EARLY NUMERACY SCREENING. Standardized measures that assess a student’s fluency in foundational mathematics skills.

(9) FLUENCY. The ability of students to choose flexibly among methods and strategies to solve contextual and mathematical problems, to understand and explain their approaches, and to produce accurate answers efficiently.

(10) FULL SUPPORT SCHOOL. The lowest performing elementary schools as measured by mathematics proficiency on the approved state summative assessment.

(11) K-5 SCHOOL. Any public school in the state providing instruction in grades kindergarten through fifth, or any configuration of those grades.

(12) LIMITED SUPPORT SCHOOLS. The second lowest percent performing elementary schools as measured by mathematics proficiency on the state approved summative assessment.

(13) LOCAL BOARD OF EDUCATION. A county or city board of education.

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

(15) MENTAL COMPUTATION. The process of working on a problem and obtaining the exact or approximate answers mentally without reliance on external tools.

(16) MULTI-TIERED SYSTEM OF SUPPORT. A tiered system of supports that integrates assessment and intervention within a school-wide, multi-level prevention system to maximize student achievement and reduce behavioral problems. A multi-tiered system of support promotes systems alignment to increase efficiency and effectiveness of resources.

(17) NUMBER SENSE. The ability to represent numbers in multiple ways, numerical magnitude estimation, selecting and using benchmarks, such as tens or hundreds, decomposing and recomposing number, understanding the effects of operations on number, and performing mental calculation and estimation.

(18) NUMERACY. The ability to understand and work with numbers.

(19) PLACE VALUE UNDERSTANDING. The understanding of representations and concepts necessary to successfully process multi-digit numbers.

(20) PROCEDURAL FLUENCY. The ability to apply procedures accurately, efficiently, and flexibly; to transfer procedures to different problems and contexts; to build or modify procedures from other procedures; and to recognize when one strategy or procedure is more appropriate to apply than another.

(21) RESPONSE TO INTERVENTION. A process within the system of a multi-tiered system of support framework. Response to intervention is part of the data-based decision-making process within progress monitoring where team members review data to determine how students are responding to the interventions in place.

(22) SPATIAL REASONING. The capacity to mentally generate, transform, and rotate a visual image and thus understand and recall spatial relationships between objects.

(23) STEM. Science, technology, engineering, and mathematics.

(24) SUBITIZING. Quickly recognizing and naming how many objects are in a small group without counting.

(Act 2022-249, §2.)

§ 16-6H-3 Elementary Mathematics Task Force

(a) By July 4, 2022, the State Superintendent of Education shall convene an Elementary Mathematics Task Force to provide the State Superintendent of Education and the State Board of Education with vetted and approved recommendations for high quality, evidence-based comprehensive mathematics curricula for core instruction and mathematics intervention programs or curricula, or both; a state continuum of educator development for approved professional learning focusing on foundational mathematics content knowledge including, but not limited to, improving number sense, spatial skills, algebraic reasoning, and mental computations for all full support and limited support schools; and an annual list of vetted and approved assessment systems that are valid and reliable mathematics screening, diagnostic, and formative assessment systems for selection and use by local education agencies.

(b) The membership of the Elementary Mathematics Task Force shall include all of the following:

(1) The State Superintendent of Education.

(2) The Director of the Office of Mathematics Improvement.

(3) Two actively serving public K-2 teachers, with experience in implementing evidence-based mathematics teaching practices, appointed by the Executive Director of the Alabama Education Association.

(4) Two actively serving public 3-5 teachers, with experience in implementing evidence-based mathematics teaching practices, appointed by the Alabama Council of Teachers of Mathematics.

(5) One actively serving public K-5 special education teacher, with experience implementing evidence-based mathematics teaching practices, appointed by the State Superintendent of Education.

(6) One actively serving elementary AMSTI mathematics specialist, with experience supporting school-based mathematics coaches, appointed by the Alabama STEM Council.

(7) One actively serving elementary school-based mathematics coach, with experience in facilitating professional development, appointed by the Alabama Council of Teachers of Mathematics.

(8) Two actively serving public elementary school principals, with experience supporting mathematics coaching, appointed by the Council for Leaders in Alabama Schools.

(9) One actively serving instructor employed by a public institution of higher education, with experience teaching elementary mathematics methods, appointed by the Alabama Commission on Higher Education.

(10) One actively serving local superintendent of education, with experience supporting schools with mathematics coaches, appointed by the School Superintendents of Alabama.

(11) One actively serving local board of education member, appointed by the Alabama Association of School Boards.

(12) One actively serving AMSTI Director or assistant director, with experience teaching and supporting grades K-5 mathematics, appointed by the State Superintendent of Education.

(13) One member of business and industry, with experience in employing individuals in occupations that are STEM focused and in demand, appointed by the Governor.

(14) Three additional members, appointed by the Governor.

(c) Members appointed to the Elementary Mathematics Task Force pursuant to subdivisions (3) through (8) of subsection (b) shall serve an initial term of one year and may be reappointed to serve one additional two-year term. Members appointed to the Elementary Mathematics Task Force pursuant to subdivisions (9) through (14) of subsection (b) shall serve an initial term of two years and may be reappointed to serve one additional two-year term. Thereafter, each member of the Elementary Mathematics Task Force shall be appointed to serve a two-year term and may be reappointed to serve one additional two-year term. All appointing authorities shall coordinate their appointments to ensure the Elementary Mathematics Task Force membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. The appointing authorities shall fill vacancies by appointment for the unexpired terms according to the process outlined in this section.

(d) The members of the Elementary Mathematics Task Force shall be reimbursed through the department for expenses incurred in the performance of their duties for the Elementary Mathematics Task Force in the same manner and at the same rate as is provided for state employees. Subject to appropriations, nothing herein shall limit payment for their service.

(1) The Director of the Office of Mathematics Improvement shall serve as chair, and a vice chair shall be elected by the membership of the Elementary Mathematics Task Force. If the position of director is vacant, the vice chair shall serve as chair until the State Superintendent of Education appoints a new director.

(2) The Elementary Mathematics Task Force shall meet at least four times a year. The Elementary Mathematics Task Force shall set meeting dates and times, set agendas, vote, and develop recommendations for the State Board of Education in collaboration with the department, through the Office of Mathematics Improvement. A majority of the members of the Elementary Mathematics Task Force shall constitute a quorum for the transaction of business. Should a quorum not be present on the day appointed for any meeting, those present may adjourn from day to day until a quorum is established.

(e) Each approved assessment system for grades K-5 shall measure, at a minimum, all of the following:

(1) Number sequence.

(2) One-to-one correspondence.

(3) Cardinality.

(4) Oral and written names for numbers based on grade level standards.

(5) Subitizing.

(6) Number relationships.

(7) Addition, subtraction, multiplication, and division in word problems with a variety of problem types and structures based on grade level standards.

(8) Connecting addition, subtraction, multiplication, and division to place value based on grade level standards.

(9) Computational fluency with whole numbers, fractions, and decimals based on grade level standards.

(10) Spatial reasoning based on grade level standards.

(f) In determining which assessment systems to recommend for use by local education agencies, the Elementary Mathematics Task Force, in collaboration with the department, through the Office of Mathematics Improvement, at a minimum, shall also consider all of the following factors:

(1) The time required to conduct each assessment with the intention of minimizing the impact on instructional time.

(2) The level of integration of assessment results with instructional support for educators and students.

(3) The time lines in reporting assessment results for educators, administrators, and parents.

(4) The ability of the formative assessment system to produce automatic reports for teachers, administrators, and parents as required in Section 16-6H-6.

(Act 2022-249, §3.)

§ 16-6H-4 Office of Mathematics Improvement

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Act 2022-249, §4.)

§ 16-6H-5 Duties of K-5 Teachers Who Provide Instruction in Mathematics

(a) Each K-5 teacher who is providing instruction in mathematics, with the full support of his or her principal, shall do all of the following:

(1) Dedicate an average minimum of 60 minutes per day for Tier 1 mathematics instruction, for a minimum of 164 instructional hours per year.

(2) Use approved comprehensive mathematics curricula for core instruction recommended by the Elementary Mathematics Task Force, in addition to high quality print and online resources to carefully plan units and lessons based on the grade-level mathematics content standards.

(3) Build fluency with procedures on a foundation of conceptual understanding, strategic reasoning, and problem solving over time.

(4) Provide students access to tools, including any available technology, that support mathematical thinking.

(5) Provide a learning environment that promotes student reasoning, student discourse, and student questioning and critiquing the reasoning of their peers.

(6) Consistently implement the evidence-based mathematics teaching practices as recommended by the Elementary Mathematics Task Force.

(7) Gather evidence of student understanding to inform the planning of next instructional steps.

(8) Provide students with descriptive and timely feedback on assessments to include strengths, weaknesses, and next steps for progress toward learning targets.

(b) An elementary school teacher should not engage in any practice that minimizes sense making and understanding of mathematics concepts.

(Act 2022-249, §5.)

§ 16-6H-6 Mathematics Intervention Services; Assessment of Students

(a)(1) A kindergarten student or incoming grades 1-5 student identified with a mathematics deficiency, or who demonstrates the signs of dyscalculia, shall be provided intensive mathematics interventions recommended by the Elementary Mathematics Task Force to address his or her specific mathematics deficiency. Intensive interventions should be a part of the multi-tiered system of support of a school. A K-5 student who exhibits a mathematics deficiency based on an approved screener assessment, diagnostic assessment, benchmark assessment, or classroom formative assessment shall receive immediate mathematics intervention.

(2) The mathematics teacher of the student receiving mathematics intervention shall prepare reports that coincide with grading periods and a comprehensive end of year report detailing any mathematics intervention provided. Reports shall be provided to the parent or legal guardian of the student, and his or her mathematics teacher for the immediately succeeding school year, and shall include all of the following:

a. The name of the student.

b. The name of the teacher providing the intervention.

c. Mathematics deficiencies identified from a screener, diagnostic, or formative assessment, or any of them.

d. Student growth.

e. Mathematics strengths of the student.

(3) The information provided to the parent or legal guardian of a student, pursuant to subdivision (2), details the strengths, deficiencies, and progress of the student. A report from a screener, diagnostic, or formative assessment that includes all the information listed in subdivision (2) may be provided to the parent or legal guardian in lieu of a separate report.

(b) Each local education agency shall provide mathematics intervention services for grades K-5 students identified with mathematics deficiencies. Those services shall include, but not be limited to, any of the following:

(1) Working with an effective or highly effective teacher of mathematics, as demonstrated by student mathematics performance data and teacher performance evaluations.

(2) Effective instructional strategies to accelerate student progress provided by a highly qualified teacher who has training and experience in the implementation of teaching mathematics through problem solving; providing an environment for students to make sense of cognitively demanding tasks; providing justifications for strategies and solutions; making connections with the mathematics; and receiving feedback about mathematics ideas.

(3) Mathematics intervention services and supports to improve any identified area of mathematics deficiency including, but not limited to, any of the following:

a. Additional instructional time devoted to evidence-based mathematics instruction and interventions recommended by the Elementary Mathematics Task Force, including engaging, high quality, and rigorous supplemental sessions.

b. Providing daily targeted small group mathematics intervention based on student needs.

c. Providing supplemental, evidence-based mathematics interventions before or after school, or both, delivered by a highly qualified teacher of mathematics or trained tutor.

d. Frequently monitoring the progress of the mathematics skills of each student throughout the school year and adjusting instruction according to student need.

e. Incorporating material from a previous grade to link understanding to grade level curriculum.

f. Incorporating a concrete, semi-concrete, abstract approach.

g. Incorporating explicit systematic strategy instruction, including summarizing key points and reviewing vocabulary prior to the lesson.

h. Utilizing mathematics strategies or programs, grounded in the science of learning, that accelerate student mathematics achievement.

i. Attending to conceptual understanding as well as procedural fluency.

j. Providing a home based mathematics plan, including participation in family training workshops or regular family-guided home mathematics activities.

(c) Beginning with the 2023-2024 school year:

(1) Kindergarten students shall be assessed by November using an early numeracy screener recommended by the Elementary Mathematics Task Force to identify those students in need of support for key numeracy concepts. A kindergarten student identified by the screener as having a mathematics deficiency shall be assessed using the diagnostic assessment to identify student misconceptions and gaps in mathematical knowledge or skills.

(2) Incoming first and second grade students shall be assessed using an early numeracy screener recommended by the Elementary Mathematics Task Force a minimum of two times a year to identify those students in need of support for key numeracy concepts. A first or second grade student identified by the screener as having a mathematics deficiency shall be assessed using the diagnostic assessment to identify student misconceptions and gaps in mathematical knowledge or skills.

(3) Incoming fourth and fifth grade students shall be assessed using a fractional reasoning screener approved by the Elementary Mathematics Task Force a minimum of two times a year to identify those students in need of support for fractional reasoning. A fourth or fifth grade student identified by the screener as having a mathematics deficiency shall be assessed using the diagnostic assessment to identify student misconceptions and gaps in mathematical knowledge or skills.

(4) A K-5 student identified with a mathematics deficiency through screeners, diagnostics, or formative assessments shall be provided intensive mathematics interventions recommended by the Elementary Mathematics Task Force to address his or her specific needs.

(d) The Elementary Mathematics Task Force shall recommend to the Office of Mathematics Improvement a guide for developmental benchmark formative assessments to be used for determining appropriate mathematics progress for K-5 mathematics progression. The benchmarks shall include, but not be limited to, the following grade level progressions:

(1) The kindergarten level shall include all of the following:

a. Number sequence.

b. One-to-one correspondence.

c. Cardinality.

d. Oral and written names for numbers based on grade level standards.

e. Subitizing.

f. Number relationships.

g. Computational fluency with whole numbers based on grade level standards.

h. Addition and subtraction in word problems with a variety of problem types and structures based on grade level standards.

i. Spatial reasoning based on grade level standards.

(2) The first and second grade level shall include all of the following:

a. Counting and recognizing whole numbers.

b. Comparing and ordering numbers.

c. Composing and decomposing numbers.

d. Operations with whole numbers.

(3) Incoming third grade level shall include all of the following:

a. Operations of addition and subtraction.

b. Properties of operations.

c. Counting and recognizing numbers to 1,000.

d. Understanding models for addition and subtraction within 1,000.

e. Comparing and ordering numbers up to 1,000.

f. Composing and decomposing numbers up to 1,000.

g. Solving one-step and two-step word problems involving addition and subtraction within 100.

h. Using a variety of strategies and algorithms based on place value.

(4) Incoming fourth grade level shall include all of the following:

a. Representing unit fractions with area and length models.

b. Representing equivalent fractions using a variety of objects and pictorial models.

c. Understanding multiplication and division and strategies for multiplication and division within 100.

d. Understanding the meanings of multiplication and division of whole numbers involving equal-sized groups, arrays, and measurement quantities.

e. Solving one-step and two-step word problems involving addition and subtraction within 1,000 using a variety of strategies and algorithms based on place value.

f. Generating and solving problem situations for a given mathematical number sentence involving addition and subtraction of whole numbers using a variety of strategies and algorithms based on place value.

(5) Incoming fifth grade level shall include all of the following:

a. Comparing and ordering whole numbers up to 1,000,000.

b. Comparing and ordering fractions and decimals to hundredths.

c. Using place value understanding and properties of operations to perform multi-digit arithmetic with whole numbers.

d. Illustrating and explaining the product of two factors using equations, rectangular arrays, and area models.

e. Adding and subtracting fractions and mixed numbers with like denominators using fraction equivalence and properties of operations.

f. Understanding the relationship between addition and subtraction.

g. Multiplying a whole number and a fraction.

(Act 2022-249, §6.)

§ 16-6H-7 Mathematics Coaches

(a)(1) Subject to the appropriations of the Legislature, every public K-5 school with a student population of less than 800 K-5 students shall be allocated one mathematics coach and every public K-5 school with a student population of 800 or more K-5 students shall be allocated two mathematics coaches.

(2) If a K-5 school is allocated two mathematics coaches, the local board of education shall attempt to hire and employ those mathematics coaches simultaneously to ensure the effectiveness of the mathematics coaches.

(3) The Director of the Office of Mathematics Improvement shall determine the scope and pace of scaling mathematics coaches, with the goal of allocating all mathematics coaches before the 2027-2028 school year. In determining the allocation of mathematics coaches, full support schools and limited support schools shall be given priority.

(b) A mathematics coach shall be employed by the local education agency with funds appropriated by the Legislature to support this chapter. Mathematics coaches shall be employed as a 10-month employee. The extra days beyond the nine months shall be used to train teachers, develop units of instruction and materials to support instruction, as determined by school data, and receive professional learning. Mathematics coaches shall meet all of the following qualifications:

(1) Hold a valid Alabama professional educator certificate in early childhood education, elementary education, or special education.

(2) Have a minimum of five years of experience as an early childhood, elementary, or special education teacher.

(3) Demonstrate expertise, as attested by a current or former employing county or city superintendent of education, in mathematics instruction and intervention and early numeracy interventions, including dyscalculia interventions.

(4) Hold a master’s degree or have completed professional development recommended by the Elementary Mathematics Task Force, or both.

(c) The duties and responsibilities of a mathematics coach employed pursuant to this chapter shall include all the following:

(1) Supporting the improvement of instruction with an emphasis on Tier 1 instruction to ensure students do not fall behind.

(2) Collaborating with the school principal and faculty to establish and implement a strategic plan for coaching and mathematics instruction to improve student achievement in mathematics.

(3) Facilitating schoolwide mathematics professional learning, including job-embedded assistance using coaching strategies, including joint preplanning, modeling lessons, co-teaching lessons, targeted observation to collect data, and debriefing.

(4) Modeling evidence-based mathematics instructional and intervention strategies for teachers.

(5) Continuously mentoring and coaching teachers.

(6) Assisting teachers in using data to differentiate mathematics instruction and to identify students exhibiting the characteristics of dyscalculia and other exceptionalities.

(7) Monitoring the progress of K-5 students in mathematics through benchmark formative assessments at least three times per year and making recommendations for modifying instruction based on the individual needs of students and trends in student data.

(8) Focusing solely as a mathematics coach for schools with elementary grade students.

(9) Collaborating with teachers and grade-level teams of teachers to foster the use of appropriate instructional materials, including concrete materials, necessary to ensure that students understand mathematical concepts.

(10) Collaborating with grade-level teams to develop rigorous tasks, lessons, and assessments aligned with grade-level mathematics content standards; to facilitate the analysis of student work samples and assessment data; and to work in partnership with teachers to provide real-time feedback and make next-step instructional decisions based on the student evidence.

(11) Assisting teachers in using formative assessments and analyzing student work to identify students with misconceptions, students exhibiting characteristics of dyscalculia, and students needing acceleration.

(12) Assisting teachers in administering early numeracy screeners or diagnostic assessments, or both, in grades K-2. The assistance of a mathematics coach may not exceed two hours per week.

(13) Assisting teachers with administering fractional reasoning screeners or diagnostic assessments, or both, for students in grades four and five, subject to legislative appropriation. The assistance of a mathematics coach may not exceed two hours per week.

(14) Advocating, planning, and coordinating opportunities, in conjunction with the principal, for school-based family and community engagement in mathematics.

(15) Actively and cooperatively participating in any Office of Mathematics Improvement regional coordinator and AMSTI regional mathematics specialist visits and professional learning to meet agreed upon personal outcomes and all school, district, and state established mathematics goals.

(16) Engaging in ongoing learning opportunities to grow in knowledge, skills, and expertise in mathematics.

(17) Facilitating the use of assessment data in all tiers of mathematics instruction to assist in making decisions that will move students to higher levels of performance in mathematics.

(18) Planning or facilitating, or both, professional learning opportunities that will assist teachers in targeting student deficits; facilitate professional conversations; foster student engagement; assess student learning; reflect on professional practice; and identify next learning steps to achieve state, district, and school goals in mathematics.

(19) Recording job duties and time spent with teachers on a state-specified electronic platform.

(20) Supporting teachers in the authentic integration of computer science and computational thinking concepts within the mathematics classroom.

(d) A mathematics coach shall prioritize coaching in mathematics and may not perform administrative duties, serve in administrative roles, serve as a substitute teacher, serve as a testing coordinator, serve as an interventionist, or perform other school duties not focused on coaching or the mathematics improvement of students during the instructional day.

(e) The State Superintendent of Education and each local superintendent of education shall execute a memorandum of understanding that includes a certification by the local superintendent of education that each mathematics coach employed satisfies the minimum qualifications established by this section.

(f) The State Superintendent of Education, in partnership with the Elementary Mathematics Task Force and the Office of Mathematics Improvement, shall develop an evidenced-based accountability system for measuring the effectiveness of mathematics coaches employed pursuant to this chapter for improving teacher professional learning and for increasing student growth and proficiency on formative assessments recommended by the Elementary Mathematics Task Force and the state approved summative assessment.

(g) The State Superintendent of Education shall submit a report to the Governor, the Lieutenant Governor, the State Board of Education, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Chair of the House Ways and Means Education Committee, the Chair of the Senate Finance and Taxation Education Committee, the Chair of the House Education Policy Committee, the Chair of the Senate Education Policy Committee, the Minority Leader of the House of Representatives, and the Minority Leader of the Senate, and shall conspicuously publish the summary on the website of the department, no later than December 31, annually, on the status of teacher professional learning and student growth and proficiency based on formative assessments recommended by the Elementary Mathematics Task Force and the state approved summative assessment.

(Act 2022-249, §7.)

§ 16-6H-8 Identification of and Requirements for Full Support and Limited Support Schools; Annual Reports

(a) Beginning August 1, 2022, to facilitate improvement in mathematics achievement in public elementary schools, the department, through the Office of Mathematics Improvement, shall annually identify full support and limited support schools based on student proficiency at levels 3 and 4 on the state approved summative assessment.

(b) Initially, full support schools shall consist of the lowest five percent performing public elementary K-5 schools, as measured by student mathematics proficiency on the state approved summative assessment, and any K-2 school that is in the feeder pattern of a grades 3-5 full support school. Thereafter, the number of full support schools shall be increased by an additional one percent every two years until the lowest 10 percent performing public elementary schools are included. Beginning August 1, 2023, the department, through the Office of Mathematics Improvement, shall require full support schools to do all of the following:

(1) Require all leadership and staff to actively and collaboratively participate in any support provided by the Office of Mathematics Improvement or the Office of School Improvement.

(2) Require principals and assistant principals to engage in and implement professional learning as determined by the Office of Mathematics Improvement and the Office of School Improvement.

(3) Use approved comprehensive mathematics curricula for core instruction as recommended by the Elementary Mathematics Task Force.

(4) Use approved mathematics intervention programs or curricula, or both, for Tier 2 and Tier 3 interventions as recommended by the Elementary Mathematics Task Force.

(5) Require all teachers involved in mathematics instruction to engage in and implement professional learning as determined by the Office of Mathematics Improvement and the Office of School Improvement.

(6) Use approved formative assessments, screening assessments, and diagnostic assessments as recommended by the Elementary Mathematics Task Force.

(7) Implement a multi-tiered system of support, including response to intervention, to monitor the progress of struggling students, continually evaluate the effectiveness of instruction, and improve instructional decisions.

(8) Support and respond to any request of the Office of Mathematics Improvement or the Office of School Improvement.

(c) Initially, limited support schools shall consist of the lowest six to 25 percent performing public elementary schools as measured by student mathematics proficiency on the state approved summative assessment. Thereafter, the number of limited support schools shall be decreased by an additional one percent every two years until the lowest 11 to 25 percent performing public elementary schools are included. Beginning August 1, 2023, the department, through the Office of Mathematics Improvement, shall require limited support schools to do all of the following:

(1) Use approved comprehensive mathematics curricula for core instruction as recommended by the Elementary Mathematics Task Force.

(2) Use approved mathematics intervention programs or curricula, or both, for Tier 2 and Tier 3 interventions as recommended by the Elementary Mathematics Task Force.

(3) Require all teachers involved in mathematics instruction to engage in and implement professional learning as determined by the Office of Mathematics Improvement and the Office of School Improvement.

(4) Use approved formative assessments, screening assessments, and diagnostic assessments as recommended by the Elementary Mathematics Task Force.

(5) Implement a multi-tiered system of support, including response to intervention, to monitor the progress of struggling students, continually evaluate the effectiveness of instruction, and improve instructional decisions.

(6) Support and respond to any request of the Office of Mathematics Improvement.

(d) Beginning in the 2023-2024 school year, annually on or before September 30, each local education agency shall report in writing to the department all of the following information relating to the previous school year:

(1) By grade, the number and percentage of all K-5 students identified with a mathematics deficiency on an Elementary Mathematics Task Force recommended mathematics assessment.

(2) By grade, the number and percentage of students screened for dyscalculia characteristics, the number and percentage of students identified as demonstrating the characteristics of dyscalculia and receiving dyscalculia specific intervention, and the name of the dyscalculia specific intervention being provided.

(3) By grade, the number and percentage of all K-5 students performing on grade level or above grade level; which is defined as scoring level 3 or level 4 on the Alabama Comprehensive Assessment Program, or any derivation thereof.

(4) The number and percentage of students starting fifth grade with a mathematics score below grade level; which is defined as scoring level 1 or level 2 on the Alabama Comprehensive Assessment Program, or any derivation thereof.

(5) The number and percentage of fifth grade students who started third grade with a mathematics deficiency and completed fifth grade on grade level; which is defined as scoring level 3 or level 4 on the Alabama Comprehensive Assessment Program, or any derivation thereof.

(6) By grade, the number and percentage of eligible students in grades four and five who attended the Alabama Summer Mathematics Achievement Program in full support schools, that included intensive mathematics instruction.

(7) By grade, the number and percentage of all students retained in grades K-5 based on mathematics deficiencies.

(8) By school, the number of teachers who have earned the K-5 mathematics coach endorsement.

(9) By school, the number and percentage of incoming students in grades one and two identified as having a mathematics deficiency.

(10) By school, the number and percentage of incoming students in grades four and five identified as having a fractional reasoning deficiency.

(e) The State Superintendent of Education shall establish a uniform format for local education agencies to use in reporting the information required by subsection (d). The format shall be developed with input from local boards of education and the Elementary Mathematics Task Force and shall be provided to each local superintendent of education not later than 90 days before the annual due date, as established by the State Superintendent of Education. On or before November 1, annually, the State Superintendent of Education shall compile the information received from the local education agencies into a state level summary and submit the summary to the Governor, the Lieutenant Governor, the State Board of Education, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Director of the Office of Mathematics Improvement, and shall conspicuously publish the summary on the website of the department.

(f) The State Superintendent of Education shall also report mathematics growth and proficiency targets for all students and all subgroups, as based on the state Every Student Succeeds Act plan, or its successor, to the State Board of Education, the Elementary Mathematics Task Force, and the Director of the Office of Mathematics Improvement by January 15, annually.

(Act 2022-249, §8.)

§ 16-6H-9 Alabama Mathematics Summer Achievement Program; Summer Math Camp

(a) Commencing with the summer after the 2022-2023 school year, each full support school shall provide the Alabama Mathematics Summer Achievement Program to all students in grades four and five identified with a mathematics deficiency.

(b) The Alabama Mathematics Summer Achievement Program for grades four and five shall satisfy all of the following:

(1) Be staffed with highly effective teachers of mathematics as demonstrated by student mathematics performance data, completion of professional learning as determined by the Elementary Mathematics Task Force, and teacher performance evaluations.

(2) Include not less than 40 hours, nor more than 70 hours of time spent in mathematics problem solving, based on the severity of student need.

(3) Incorporate an Elementary Mathematics Task Force recommended mathematics assessment system, that shall be administered both at the beginning and end of each Alabama Summer Mathematics Achievement Program, to measure student progress.

(4) Coordinate with existing summer programs conducted by the local education agency or in partnership with community-based summer programs for students similarly situated.

(c) Any public school that provides an Alabama Summer Achievement Program for students in grades K-3, as required by the Alabama Literacy Act, Chapter 6G, shall include a portion of mathematics instruction during the program based on student need.

(d) Each local education agency shall provide a summer math camp for students in grades K-5 who are identified with a mathematics deficiency. For students in grades K-3, the summer mathematics camp shall be embedded in the summer reading camp, as required by the Alabama Literacy Act, Chapter 6G. For grades 4 and 5, the summer mathematics camp shall include from 40 to 70 hours of time spent in mathematics problem solving, based on the severity of student need.

(Act 2022-249, §9.)

§ 16-6H-10 Training for Full Support and Limited Support Schools Under the Alabama Multi-Tiered System of Support Framework

Beginning August 1, 2022, the State Superintendent of Education shall provide training to full support and limited support schools relating to the Alabama Multi-Tiered System of Support framework. The framework shall outline the evidence-based best practices of multi-tiered systems of support, which include response to intervention.

(Act 2022-249, §10.)

§ 16-6H-11 Duties of Department

The department, through the Office of School Improvement, shall do all of the following:

(1) Add educators experienced in the implementation of teaching elementary mathematics through problem solving to the Office of School Improvement.

(2) Add highly qualified staff with experience in elementary school turnaround and improvement, as needed by region, to the Office of School Improvement.

(3) Participate in professional learning relating to reliable forms of evidence of teachers implementing evidence-based mathematics teaching practices.

(4) Ensure that all Office of School Improvement staff are trained and prepared to train local education agency leaders, school leaders, and educators in implementing a high quality multi-tiered system of support, including response to intervention.

(Act 2022-249, §11.)

§ 16-6H-12 State Academic Intervention Framework; Support and Intervention; School Improvement Teams; School Turnaround Options; Progress Reports

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(j) For any school under state academic intervention, on or before December 31, annually, the Office of School Improvement, the Office of Mathematics Improvement, and other relevant offices within the department shall report to the Governor, the Lieutenant Governor, the State Board of Education, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Chair of the House Ways and Means Education Committee, the Chair of the Senate Finance and Taxation Education Committee, the Chair of the House Education Policy Committee, the Chair of the Senate Education Policy Committee, the Minority Leader of the House of Representatives, and the Minority Leader of the Senate on the progress of each full support school under state academic intervention.

(Act 2022-249, §12.)

§ 16-6H-13 Postsecondary Mathematics Task Force; Annual Report; Educator Preparation Programs; Initial Licensure Requirements for Prospective Teachers; Review and Report

(a) Beginning August 1, 2022, the State Superintendent of Education, through the Office of Mathematics Improvement, shall convene and oversee a Postsecondary Mathematics Task Force to develop guidelines for institutions of postsecondary education to train early childhood and elementary mathematics teachers based on current research. The guidelines shall include course structure and content based on the recommendations of the National Council of Teachers of Mathematics, the Conference Board of the Mathematics Sciences, the United States Department of Education, and the Mathematics Sciences Research Institute. Guidelines shall go into effect on August 1, 2024. The membership of the Postsecondary Mathematics Task Force shall include all of the following:

(1) The Director of the Office of Mathematics Improvement.

(2) A certification administrator appointed by the State Superintendent of Education.

(3) Two instructors employed by a public four-year institution of higher education physically located within this state, who have experience teaching elementary mathematics methods, appointed by the Alabama Commission on Higher Education.

(4) One department head of elementary education employed by a public four-year institution of higher education physically located within this state, appointed by the Governor.

(5) One local superintendent of education, appointed by the School Superintendents of Alabama.

(6) One K-5 public school teacher with experience mentoring teacher interns, employed at a school containing grades K-5, appointed by the executive committee of the Alabama Council of Teachers of Mathematics.

(7) One K-5 public school special education teacher, with experience teaching elementary mathematics, appointed by the State Superintendent of Education.

(8) One public school principal employed at a school containing grades K-5, with experience with teacher interns, appointed by the Council for Leaders in Alabama Schools.

(9) Two K-5 school-based mathematics coaches, employed at a public school containing grades K-5, appointed by the Executive Director of the Alabama STEM Council.

(10) Two K-5 mathematics specialists, employed at a school containing grades K-5, appointed by the State Superintendent of Education.

(11) Three additional members, appointed by the Governor.

(b) The appointing authorities shall coordinate their appointments to ensure the Postsecondary Mathematics Task Force membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.

(c) No later than December 31, annually, the Alabama Commission on Higher Education shall submit to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Chair of the House Ways and Means Education Committee, the Chair of the Senate Finance and Taxation Education Committee, the Chair of the House Education Policy Committee, the Chair of the Senate Education Policy Committee, the Minority Leader of the House of Representatives, and the Minority Leader of the Senate a report on the status of the implementation and adoption of the mathematics education guidelines for postsecondary institutions, the number of subject matter college level semester hours earned, the status of partnerships between educator preparation faculty and mathematics faculty, and the percentage of passing scores on State Board of Education approved assessments for candidates seeking educator certification in mathematics at any grade level, as well as the mathematics section on State Board of Education approved assessments for those seeking certification in early childhood or elementary education. The report shall be conspicuously published on the website of the department.

(d) Educator preparation programs approved by the State Board of Education shall incorporate learning specific to the condition known as dyscalculia, including early warning signs, screening, and recommendations for interventions found to be successful.

(e) As a requirement of initial licensure candidates for early childhood or elementary mathematics certification, prospective teachers shall receive a passing score, as determined by the State Board of Education, on the appropriate foundational mathematics assessment for the grade band associated with each certificate.

(f) A comprehensive, independent review of the requirements of this section shall be conducted every four years by an external consultant at the direction of the State Superintendent of Education. A report summarizing that review shall be provided by the State Superintendent of Education to the Director of the Office of Mathematics Improvement. A summary of the report shall be conspicuously published on the website of the department.

(Act 2022-249, §13.)

§ 16-6H-14 K-5 Mathematics Coach Endorsement Program; Incentive Program

(a) On or before June 30, 2024, the State Superintendent of Education shall develop and submit to the State Board of Education for approval, recommendations for the creation of a K-5 mathematics coach endorsement for teachers who hold a valid Alabama professional educator certificate in early childhood education, elementary education, or special education and have at least three years of teaching experience.

(b) The K-5 mathematics coach endorsement shall be offered only as a post baccalaureate program and may not be included within an initial educator preparation program.

(c) The K-5 mathematics coach endorsement preparation program described in program planning forms, catalogs, and syllabi shall require field experience and a minimum of the following four courses:

(1) One course focused on grades K-2 content knowledge and pedagogical content knowledge.

(2) One course focused on grades 3-5 content knowledge and pedagogical content knowledge.

(3) One course focused on coaching principles.

(4) One course focused on literacy in mathematics education to include analyzing student work for instructional decisions.

(d) The K-5 mathematics coach endorsement program shall prepare candidates who demonstrate conceptual understanding and procedural fluency regarding major concepts of mathematics appropriate for grades K-5. Candidates shall satisfy all of the following:

(1) Demonstrate coaching principles including: Goals, principles, and approaches in the Alabama Coaching Framework.

(2) Understand adult learning principles that support collaboration with the ultimate goal of improved student performance.

(3) Possess leadership experience.

(4) Understand the roles of school-based mathematics coaches.

(5) Understand current research on the science of learning.

(6) Be able to translate research findings into effective instruction.

(7) Know what engages students in learning at various stages of growth and development.

(8) Understand the developmental nature of mathematics and the interconnections among mathematical concepts.

(9) Demonstrate knowledge of the phases students move through in developing fluency.

(10) Demonstrate knowledge of common errors and misconceptions about the operations and how to help students learn.

(11) Demonstrate knowledge of the basic structures and problem types of word problems for all operations and proper sequencing to support student understanding of the meaning of the operations.

(12) Demonstrate understanding of teaching mathematics through problem solving.

(13) Demonstrate understanding of algebra as an established content strand in grades K-5 that supports algebraic thinking in middle school and high school.

(14) Demonstrate understanding of measurement as a continuous quantity with numerical value and its importance to the mathematically literate citizen.

(15) Understand the importance of spatial sense in students and the connection to academic success in STEM fields.

(16) Understand how to use a variety of mental computation techniques.

(17) Model, explain, and develop a variety of computational algorithms.

(18) Describe and represent mathematical relationships.

(19) Practice coaching cycles.

(20) Demonstrate ability to work with adults in an educational setting.

(21) Demonstrate ability to work with school administrators in disaggregating data and developing strategies.

(22) Demonstrate ability to effectively present complex information to and engage with various stakeholders.

(e) The K-5 mathematics coach endorsement program shall prepare candidates to do all of the following:

(1) Have knowledge of historical developments in mathematics, including the contributions of underrepresented groups and diverse cultures.

(2) Use their knowledge of student diversity to affirm and support full participation and continued study of mathematics by all students. Student diversity includes gender, ethnicity, socioeconomic background, language, special needs, and mathematical learning styles.

(3) Use appropriate technology to support the learning of mathematics.

(4) Use appropriate formative and summative assessment methods to assess student learning and program effectiveness.

(5) Use formative assessments to monitor student learning and to adjust instructional strategies and activities.

(6) Use summative assessments to determine student achievement and to evaluate the mathematics program.

(7) Know when and how to use student groupings such as collaborative groups, cooperative learning, and peer teaching.

(8) Use instructional strategies based on current research.

(9) Work on an interdisciplinary team and in an interdisciplinary environment.

(10) Participate actively in the professional learning community of mathematics educators.

(11) Analyze and organize data for interpretation and application.

(f) Subject to legislative appropriation, the State Superintendent of Education may establish an incentive program to provide a minimum two thousand five hundred dollar ($2,500) annual stipend for any mathematics coach who has earned a K-5 mathematics coach endorsement.

(Act 2022-249, §14.)

§ 16-6H-15 Alabama Instructional Leadership Framework

(a) Beginning October 1, 2022, the State Superintendent of Education shall convene a working group to create the Alabama Instructional Leadership Framework, applicable to all K-5 administrators. The State Superintendent of Education shall utilize an external partner to facilitate the working group. Implementation of the Alabama Instructional Leadership Framework shall begin August 1, 2023. The State Superintendent of Education shall ensure the working group membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.

(b) The framework shall include, but not be limited to, all of the following:

(1) Establishing a clear and shared vision for teaching and learning, including all of the following:

a. Measuring success to include continually monitoring the vision.

b. Providing feedback for school-based academic coaches in meeting the vision and support for quality professional learning.

c. Implementing a multi-tiered system of supports to improve student achievement.

(2) Establishing norms for participation and collaboration in coaching cycles and professional learning to strengthen teacher practices.

(3) Identifying and supporting evidence-based teaching practices for all content areas.

(4) Developing the ability to identify effective instructional practices in early childhood and elementary classrooms.

(Act 2022-249, §15.)

§ 16-6H-16 School Turnaround Academy

(a) Beginning January 1, 2023, the department shall lead a working group to develop a School Turnaround Academy, to train principals and teacher leaders to specialize in evidence-based school turnaround strategies and practices. The department shall partner with national or state-level partners, or both, with a demonstrated record of success in improving academic performance in low-performing schools, with the intent to create a pipeline of school turnaround principals and teacher leaders to support state academic intervention and reconstitution.

(b) The department shall explore new compensation models to incentivize, reward, and retain high-quality teachers and leaders in low-performing schools.

(c) The State Superintendent of Education shall ensure the membership of the working group is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.

(d) The working group shall make initial recommendations to the Legislature, as necessary to implement changes in the law or funding to support this section no later February 1, 2024.

(Act 2022-249, §16.)

§ 16-6H-17 Evaluation by External Consultant; Request for Proposals Process; Review Panels; Comprehensive Evaluation Plan; Annual Report

(a) Beginning January 15, 2023, the Executive Committee of the Alabama STEM Council shall employ an external consultant to evaluate this chapter, the work of mathematics coaches, and the implementation and outcomes. The external consultant shall be selected through an open request for proposals process adopted by the executive committee. Each proposal shall be reviewed by a panel of key stakeholders, chosen by the executive committee, and shall be assessed using a defined set of priority indicators. The executive committee shall appoint a panel of 11 stakeholders to review each proposal. The membership of each panel shall include all of the following:

(1) The Director of the Alabama STEM Council.

(2) An elementary public school based mathematics coach.

(3) Two public elementary mathematics educators.

(4) Two parents of students who are enrolled in and attending a public K-5 school.

(5) The Director of AMSTI, or his or her designee.

(6) One AMSTI elementary mathematics specialist.

(7) One elementary public school principal.

(8) One instructor employed by a public two-year or four-year institution of higher education, with experience teaching elementary mathematics methods.

(9) Two additional members appointed by the Executive Director of the Alabama STEM Council.

(b) The appointing authorities shall coordinate their appointments to assure the panel membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.

(c) The external consultant shall design and adopt a comprehensive evaluation plan to help with both the success and sustainability of the K-5 mathematics coach endorsement program. The plan shall include, but not be limited to, defining measures, developing instruments, using instruments to collect data, analyzing data, the quarterly and annual reporting of findings, and the development and implementation of a measurement sustainability plan. The findings of the external consultant shall be used to recommend any adjustments that need to be made for the continuous improvement of both the quality of implementation and assurance of desired outcomes. The evaluation shall also include a cost benefit return on investment study.

(d) The external consultant shall compile and submit an annual report on or before January 30, and quarterly reports no later than the last day of the month following each quarter, to all of the following: The Governor, Lieutenant Governor, State Board of Education, Speaker of the House of Representatives, President Pro Tempore of the Senate, Chair of the House Ways and Means Education Committee, Chair of the Senate Finance and Taxation Education Committee, Chair of the House Education Policy Committee, Chair of the Senate Education Policy Committee, Minority Leader of the House of Representatives, Minority Leader of the Senate, Director of the Office of Mathematics Improvement, and the Executive Committee of the Alabama STEM Council. Copies of all annual and quarterly reports shall be conspicuously published on the website of both the Alabama STEM Council and the department.

(e) Continued funding dedicated to K-5 mathematics coaches shall be contingent on measurable performance growth, as determined by the evaluations of the external consultant.

(f) The State Superintendent of Education and the Director of the Office of Mathematics Improvement shall comply with all requests for data and information from the external consultant and shall make every effort to assist with any recommended improvements.

(Act 2022-249, §17.)

§ 16-6H-18 Technical Assistance Provided to Local Education Agencies; Rulemaking Authority

(a) The State Superintendent of Education, through the Office of Mathematics Improvement and other sections of the department, shall provide technical assistance to local education agencies in complying with this chapter.

(b) The State Board of Education may adopt rules as necessary to implement and enforce this chapter.

(Act 2022-249, §18.)

§ 16-6H-19 Disposition of Funds

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

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

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

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

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

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

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

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

(8) External consultants to evaluate the work of mathematics coaches’ implementation and outcomes described in Section 16-6H-15.

(Act 2022-249, §19.)

Chapter 6I School Principal Leadership and Mentoring Act

§ 16-6I-1 Short Title

This chapter shall be known and may be cited as the School Principal Leadership and Mentoring Act.

(Act 2023-340, §1.)

§ 16-6I-2 Definitions

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

(1) ASSISTANT PRINCIPAL. An individual who is certified for the position of assistant principal, as prescribed by the board, and who is employed full-time by a local board of education as an administrator of a public school to assist the principal in managing and leading the school. This term includes a Career and Technical Education Building Administrator, Alternative School Administrator, or similar position approved by the State Department of Education, who is housed full-time at a standalone facility who assists with overseeing the day-to-day schedule and operations in that facility and helps supervise teachers at that facility in a full-time capacity.

(2) BOARD. The State Board of Education.

(3) DEPARTMENT. The State Department of Education.

(4) DESIGN TEAM. The group of individuals appointed to design the Alabama Principal Leadership Development System including, but not limited to, school leadership standards, principal leadership framework, design of a leadership academy, ongoing professional learning, mentoring, evaluation system, or any other aspect the design team determines necessary for the growth and development of successful school administrators.

(5) HIGH-POVERTY SCHOOL. A school that has a direct certification of free and reduced federal lunch student percentage of 75 percent or greater as determined by the most recent data posted.

(6) LOW-PERFORMING SCHOOL. Any school that is identified as a Comprehensive Support and Improvement School, a school with a D or F grade as defined by the Alabama Education Report Card, Chapter 6C, or a full support school as defined by the Alabama Literacy Act, Chapter 6G, or the Alabama Numeracy Act, Chapter 6H.

(7) MENTORING. A long-term relationship between a new principal mentee and a trained principal mentor that fosters the professional, academic, or personal development of the principal mentee.

(8) NEW PRINCIPAL. A principal who is serving in his or her first or second year as a principal.

(9) PRINCIPAL. An individual who is certified for the position of principal, as prescribed by the board, and who is employed full-time by a local board of education as the chief school administrator of a public school. The term includes a Career and Technical Education Building Administrator, Alternative School Administrator, or similar position approved by the State Department of Education, who is housed full-time at a standalone facility, oversees the day-to-day schedule and operations in that facility, and supervises teachers at that facility in a full-time capacity.

(10) PRINCIPAL MENTEE. A new principal who is participating in a mentoring relationship with a more experienced principal through which the principal may further define and articulate core values, grow instructional leadership competencies, and develop professional confidence.

(11) PRINCIPAL MENTOR. An experienced school administrator who guides new principals in defining and articulating core values, growing instructional leadership competencies, and developing professional confidence.

(12) PROFESSIONAL LEARNING. A comprehensive, sustained, job-embedded, and collaborative approach to improving the effectiveness of principals in elevating student achievement through professional study.

(13) PROFESSIONAL LEARNING UNIT. A content-driven, long-term unit of professional study for instructional leaders that fully addresses all knowledge and ability indicators under at least one of the Alabama Standards for School Leaders, or a professional study that constitutes a professional learning unit that requires multiple professional learning experiences over time and is aligned with the Alabama Standards for School Leadership, the Principal Leadership framework, and the Alabama Standards for Professional Learning.

(14) PROGRAM. The Alabama Principal Leadership Development System created by this chapter.

(15) SCHOOL. A public school located in the state and providing instruction in grades preK-12, or any configuration of those grades.

(16) SCHOOL ADMINISTRATOR. Includes principals and assistant principals.

(17) SUPERINTENDENT. The State Superintendent of Education.

(Act 2023-340, §2; Act 2025-286, §1.)

§ 16-6I-3 Program Design Team; Contracts; Requirements

(a)(1) A design team shall be appointed to develop the program. In selecting design team members, the superintendent may consult with professional associations that primarily serve school administrators, higher education partners, and others to facilitate a design team with expertise in elementary, middle, and high school leadership, as well as curriculum, school climate, data management, assessment, instruction, mentoring, and other areas necessary for leading a school with high expectations for academic achievement and growth and a positive school climate. At a minimum, the membership of the design team shall include all of the following:

a. The State Superintendent of Education, or his or her designee.

b. Three serving principals, including a high school, middle school, and elementary school principal appointed by the Board of Directors of the Council for Leaders in Alabama Schools.

c. Three serving assistant principals, including a high school, middle school, and elementary school assistant principal appointed by the Board of Directors of the Council for Leaders in Alabama Schools.

d. Two local superintendents of education appointed by the Board of Directors of the School Superintendents of Alabama.

e. Three serving public school teachers, including a high school, middle school, and elementary school teacher appointed by the Board of Directors of the Alabama Education Association.

f. Two members who are each serving as a member of a local board of education appointed by the Board of Directors of the Alabama Association of School Boards.

g. One member who is serving as an instructor at an institution of higher education in the state and is familiar with the responsibilities and roles of principals appointed by the Alabama Commission on Higher Education.

h. Two members appointed from the state at-large by the Board of Directors of the A+ Education Partnership.

i. Four members appointed from the state at-large by the Governor.

(2) The appointing authorities shall coordinate their appointments to assure the team membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.

(b) To assist in developing and implementing the program, the department may contract with a professional learning organization in the state that has demonstrated successful experience in providing training to principals in distributive and collaborative leadership. In addition, the design team may contract with a national organization with demonstrated expertise in the most current research related to effective principal leadership.

(c) The goal of the program is to increase the effectiveness of school administrators resulting in improved academic outcomes for all students. At a minimum, the program shall provide all of the following:

(1) Statewide infrastructure that provides consistent access to sustained, high-quality professional learning and mentoring for school administrators.

(2) Updated Alabama Standards for School Leadership and Principal Leadership framework to reflect recent research and best practices, which shall replace the Alabama Standards for Instructional Leaders.

(3) Principal Leadership framework, which shall guide development of the program. This framework shall satisfy the requirements of the instructional leadership framework in the Alabama Numeracy Act and shall provide guidance for all of the following:

a. A clear and shared vision for principal leadership, including the following domains for principal effectiveness: Visionary leadership, instructional leadership, innovative leadership, managerial leadership, and relational leadership.

b. Recognizing and supporting excellent instruction through the use of high-quality instructional materials and evidence-based teaching practices.

c. Supporting evidence-based best practices of high-quality professional learning.

d. Data driven instructional leadership to continuously drive improvement in student achievement, including managing a multi-tiered system of supports to improve student achievement.

e. Effective coaching and management of school-based academic coaches.

f. Norms for participation and collaboration in coaching cycles to strengthen teacher practices.

(4) Comprehensive instruction on school leadership and other relevant topics aligned to the new Alabama Standards for School Leadership and the Principal Leadership framework.

(5) Additional resources for those schools that have difficulty in recruiting and retaining effective school administrators.

(6) Competitive grants or technical assistance, or both, to encourage local school districts to develop principal pipeline programs.

(Act 2023-340, §3.)

§ 16-6I-4 Phases of Program; Implementation and Evaluation

Commencing with the 2023-2024 school year, the design team shall develop the program in three phases, with increasing complexity and accountability, and implemented in the following stages:

(1) Commencing with the 2023-2024 school year, each school administrator shall develop a comprehensive professional learning plan to be implemented beginning in the 2024-2025 school year, and in each subsequent school year thereafter. In addition to required professional learning units, the plan shall include an additional five days of high-quality professional learning targeted to building skills for school leadership as identified in the annual professional learning plan. The department shall publish a list of acceptable professional learning programs, or otherwise approve professional learning experiences for this purpose aligned to the Alabama Standards for School Leadership and Principal Leadership framework including, but not limited to, a menu of microcredentials, additional in-person academies, field experiences, and other advanced work. Each professional learning plan shall include at least one goal related to student academic growth or achievement, or both, and at least one goal for school climate. School administrators in elementary schools shall participate in early literacy and numeracy professional learning recommended by the superintendent for their individual schools as part of their high-quality professional learning plan.

(2) Commencing with the 2024-2025 school year, each new principal shall work with a principal mentor for two consecutive years. A principal mentor shall be selected based on his or her successful experience as a school leader and commitment to developing principal mentees in school leadership. A training program for principal mentors shall be developed, or selected, by the design team.

(3) No later than the fall of 2025, a year-long leadership academy shall be developed by the design team. The leadership academy shall be aligned to the Alabama Standards for School Leadership and Principal Leadership framework.

(4) No later than the fall of 2025, the design team, in partnership with a national expert, shall develop an evaluation system for all participating school administrators. The evaluation system shall be aligned to the Alabama Standards for School Leadership and Principal Leadership framework and shall include measures of student growth and achievement and all of the following domains for principal effectiveness:

a. Visionary leadership.

b. Instructional leadership.

c. Innovative leadership.

d. Managerial leadership.

e. Relational leadership.

(5) No later than July 1, 2024, the design team shall recommend to the superintendent a schedule for implementation of the program so that all principals shall have the opportunity to begin the program not later than the 2029-2030 school year.

(Act 2023-340, §4.)

§ 16-6I-5 Annual Supplements

(a) Any appropriation by the Legislature shall be used, in part, to fund salary supplements and related benefit costs for school administrators and other costs relating to the program.

(b)(1) The department shall provide an annual supplement of up to ten thousand dollars ($10,000) to any principal and up to five thousand dollars ($5,000) to any assistant principal who successfully completes the program, is employed full-time in a public preK-12 school, and is properly certified by the state. The department shall provide additional supplements of up to five thousand dollars ($5,000) to any principal and up to two thousand five hundred dollars ($2,500) to any assistant principal serving in a low-performing school or high-poverty school. The amount of any supplement provided by this subdivision is subject to appropriations by the Legislature. Successful completion of the program shall consist of the following:

a. Beginning with all then currently employed principals and assistant principals, as of October 1, 2024, annual completion of five additional days of approved, high-quality professional learning as described in Section 16-6I-4.

b. Beginning with all newly employed, first-time principals, as of July 1, 2024, or later, annual completion of five additional days of approved, high-quality professional learning and participation in a new school administrator mentor program.

c. Beginning with the 2027-2028 school year, all then currently employed and new principals, in addition to the five additional days of high-quality professional learning, participation in the evaluation system created in Section 16-6I-4.

d. Beginning with the 2029-2030 school year, all then currently employed principals, in addition to the five additional days of high-quality professional learning, participation in the evaluation system created in Section 16-6I-4 and participation in and completion of the year-long leadership academy in accordance with a schedule for completion as developed and disseminated by the superintendent.

e. Beginning with the 2029-2030 school year, for newly employed principals, annual completion of five additional days of high-quality professional learning, participation in the evaluation system created in Section 16-6I-4, participation and ultimately completion of the mentorship program, and participation in and ultimately graduation from the year-long leadership academy.

(2) Notwithstanding subdivision (1), any individual employed as a principal on July 1, 2024, shall be exempt from the mentoring requirement.

(c) Upon completion of the evaluation system, it is the intent of the Legislature that additional supplements be provided to principals who meet or exceed student growth goals as identified through the evaluation system in low-performing schools and high-poverty schools.

(d) On or before January 1, 2024, the superintendent shall submit a report to the Legislature detailing the number of school administrators expected to receive the annual supplement provided in subsection (b) for the 2025 fiscal year. The report shall be submitted to the Chair of the Senate Finance and Taxation Education Committee, Chair of the House Ways and Means Education Committee, and the Legislative Fiscal Officer.

(Act 2023-340, §5.)

§ 16-6I-6 Funding; Compliance; Rulemaking Authority

(a) The Legislature shall annually appropriate to the department an amount sufficient to cover the actual costs of developing and implementing the program including, but not limited to, the awarding of stipends and grants and the hiring of additional staff as necessary. Any appropriations shall be subject to the provisions, terms, conditions, and limitations of the Budget and Financial Control Act, the Budget Management Act of 1976, and this chapter.

(b) The department shall provide technical assistance to local boards of education as necessary to ensure compliance with this chapter.

(c) The board may adopt rules as necessary to implement and enforce this chapter.

(Act 2023-340, §6.)

§ 16-6I-7 Reporting Requirements

(a) On or before the first legislative day of the 2025 Regular Session, the superintendent shall submit a report to the Legislature regarding the design and implementation status of the program. The report shall be submitted to the Chairs of the Senate Finance and Taxation Education Committee, Senate Education Policy Committee, House Ways and Means Education Committee, and House Education Policy Committee.

(b) On or before the first legislative day of the 2026 Regular Session, the superintendent shall submit a report to the Chairs of the Senate Finance and Taxation Education Committee, Senate Education Policy Committee, House Ways and Means Education Committee, and House Education Policy Committee that details all of the following:

(1) The method for identifying exemplary, high-quality principal mentors to participate in providing instruction through the program.

(2) The number of school administrators, by title, who attended the program during the immediately preceding year and the number of those school administrators who successfully completed the program.

(3) The number of school administrators, by title, expected to participate in the program during the immediately succeeding year.

(4) The number of principals who have met or exceeded their student growth goals as identified through the evaluation system.

(5) The manner in which the department expects to measure the success of the program, including measuring improved retention, improvements in school climate, and improved student outcomes.

(6) A recommendation concerning whether to continue the program, any recommended changes to the program, and the estimated cost of continuing the program.

(Act 2023-340, §7.)

Chapter 6J Creating Hope and Opportunity for Our Students’ Education Act of 2024 (Choose Act)

§ 16-6J-1 Short Title

This chapter shall be known as the Creating Hope and Opportunity for Our Students’ Education Act of 2024, or the CHOOSE Act.

(Act 2024-21, §1.)

§ 16-6J-2 Definitions

As used in this chapter, unless otherwise specified or unless the context requires otherwise, the following terms have the following meanings:

(1) ACADEMIC YEAR. The 12-month period beginning on July 1 and ending on the following June 30.

(2) DEPARTMENT. The Alabama Department of Revenue.

(3) EDUCATION SAVINGS ACCOUNT or ESA. An account in which funds are deposited by the department for the parent of a participating student to pay qualifying expenses to an education service provider.

(4) EDUCATION SERVICE PROVIDER. A school, including a participating school, organization, vendor, or individual other than the parent of the eligible student, approved by the department to provide educational goods and services, including goods and services designed for use by homeschool students, to eligible students.

(5) ELIGIBLE STUDENT. A child aged 5 to 19 years who resides in this state and who has not graduated high school or a child aged 5 to 21 years who resides in this state and qualifies for services under the Individuals with Disabilities Education Act (IDEA) of 1975 or Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. The term does not include a student receiving scholarship funds or a tax credit under the Alabama Accountability Act of 2013, Chapter 6D. The term does not include a child who is enrolled in a private school as defined in Section 16-28-1 that is not a participating school. The term does not include a child who is not lawfully present in the United States.

(6) PARENT. A resident of this state who is the parent, guardian, custodian, or other individual with authority to act on behalf of an eligible student. The term does not include an individual who is not lawfully present in the United States.

(7) PARTICIPATING SCHOOL. A State of Alabama education service provider that is an accredited public K-12 school or an accredited private school, including a church, parochial, or religious school, which provides education to K-12 students and which is approved by the department. The school must be accredited, or in the process of obtaining accreditation as determined by the department, by one of the six regional accrediting agencies or the National Council for Private School Accreditation, Cognia, the American Association of Christian Schools, the Alabama Christian Education Association, the Alabama Independent School Association, or one of their partner accrediting agencies.

(8) PARTICIPATING STUDENT. An eligible student who is approved by the department to participate in the program and receives services from an education service provider.

(9) PROGRAM. The Creating Hope and Opportunity for Our Students’ Education (CHOOSE) Act Tax Credit program established by this chapter.

(10) QUALIFYING EDUCATIONAL EXPENSES. Expenses incurred by a parent of an eligible student in one or more of the following categories:

a. Tuition and fees at a participating school.

b. Textbooks.

c. Fees for after-school or summer education programs provided by a participating school.

d. Private tutoring.

e. Curricula or instructional materials.

f. Tuition and fees for nonpublic online learning programs.

g. Educational software and applications.

h. Fees for standardized and nationally recognized assessments, including college admissions tests and advanced placement examinations and related preparatory courses.

i. Education services for students with disabilities from a licensed or accredited practitioner or education service provider.

j. Contracted services provided by a public school district including specific classroom instruction.

(11) RESIDENT SCHOOL DISTRICT. The public school district in which an eligible student resides.

(12) SPECIAL-NEEDS STUDENT. A student who qualifies for services under the Individuals with Disabilities Education Act (IDEA) of 1975 or Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.

(Act 2024-21, §2.)

§ 16-6J-3 Refundable Income Tax Credit Established; Applicability; Priority

(a) To offset the cost of qualifying educational expenses, there is established a refundable income tax credit subject to this chapter and to the availability of monies in the CHOOSE Act Fund established pursuant to Section 16-6J-8.

(b)(1) For the years beginning on January 1, 2025, and January 1, 2026, the credit shall be available to the parent of an eligible student whose family had an adjusted gross income not exceeding 300 percent of the federal poverty level for the preceding tax year. The credit shall be awarded in an amount specified in subsection (c) and subject to the priorities specified in subsection (d).

(2) For the years beginning on or after January 1, 2027, the credit shall be available to any parent of an eligible student. The credit shall be awarded in an amount specified in subsection (c) and subject to the priorities specified in subsection (d).

(c)(1) For participating students enrolled in a participating school, the annual amount of the credit shall be seven thousand dollars ($7,000) or the actual cost of the qualifying educational expenses, whichever is less.

(2) For participating students not enrolled in a participating school, the annual amount of the credit shall be two thousand dollars ($2,000) or the actual cost of the qualifying educational expenses, whichever is less, provided that the aggregate amount of all credits awarded to a parent for such students shall not exceed four thousand dollars ($4,000).

(d) In allocating the tax credits made available pursuant to subsection (b), the department shall give priority first to participating students and siblings of participating students, then to participating students who are dependents of active duty service members enrolled in or assigned to a priority school as defined in Section 16-6D-4, and then based on the family’s adjusted gross income as a percentage of the federal poverty level, provided that the department shall reserve the first 500 tax credits for the parent of an eligible student who is a special-needs student.

(e) If the department awards a tax credit to a parent for one eligible student, the department shall award additional tax credits to the parent for any other eligible student in the family who is a sibling of the eligible student for whom a tax credit was previously awarded. Nothing in this chapter shall be construed to authorize the award of more than one tax credit per participating student.

(f) Failure to provide required documentation for the tax credits provided in this section shall result in the automatic denial of the respective tax credit.

(g) Amounts received pursuant to this section do not constitute taxable income to the parent of a participating student or to the participating student. The refundable income tax credit provided under this section shall not be subject to offset or debt collection against any liability.

(h) A participating student who is a special-needs student remains eligible to receive special education or similar services from the resident school district as provided by federal or state law.

(i) Nothing in this chapter shall affect or change the athletic eligibility of student athletes governed by the Alabama High School Athletic Association or similar association.

(Act 2024-21, §3.)

§ 16-6J-4 Requirements for Parents

(a) To participate in the program, a parent of an eligible student must do all of the following:

(1) Submit to the department any information required by the department for implementation of the program, including the name of the eligible student.

(2) Agree to claim the credit only for qualified expenses to provide an education for an eligible student.

(3) Agree that, to the best of the parent’s knowledge, no other person is claiming a credit for the eligible student.

(4) Agree not to claim the credit for an eligible student who enrolls as a full-time student in a public school district unless the public school is a participating school within the meaning of this chapter and the public school charges tuition for the participating student.

(5) Agree to assume the full financial responsibility for the education of the participating student, including the balance of any expense incurred at an education service provider.

(6) Agree to comply with rules adopted by the department for the administration of the program.

(b) Fulfillment of the agreements made pursuant to subsection (a) is a requirement of continuing approval as a participating student. Failure to fulfill the agreements made pursuant to subsection (a) shall constitute grounds for the department to revoke, recover, suspend, or deny the credit otherwise made available pursuant to this chapter.

(Act 2024-21, §4.)

§ 16-6J-5 Requirements for Education Service Providers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(g) A resident school district shall provide a participating school or other education service provider that has admitted an eligible student under the program with the complete copy of the student’s school records consistent with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g.

(Act 2024-21, §5.)

§ 16-6J-6 Availability of Educational Savings Accounts; Administration of Program; Rulemaking Authority

(a) It is the intent of the Legislature that educational savings accounts be made available to parents of participating students beginning with the 2025-2026 academic year.

(b) The department shall administer the program with respect to parents of eligible students by doing all of the following:

(1) Create and disseminate a standard application form for parents seeking to participate in the program.

(2) Establish and publicize a deadline by which application forms must be submitted to the department.

(3) Receive applications and approve applications for parents of eligible students to whom the department has awarded a tax credit under Section 16-6J-3 and who meet the requirements of Section 16-6J-4(a).

(4) Create an ESA for the parent of the participating student and make deposits of the amount of any tax credits awarded under Section 16-6J-3.

(5) Establish a system by which a parent of a participating student can make periodic payments from ESAs to an education service provider or participating school, including by electronic or online fund transfer. Nothing in this chapter shall be construed as authorizing the payment of program funds directly to a participating student or his or her parent.

(6) Provide to parents of participating students a written explanation of qualifying expenses, their responsibilities under the program, the duties and responsibilities of the department, and the provisions of this chapter related to misuse of program funds.

(7) At the expiration of an academic year, remit any unused ESA funds to the CHOOSE Act Fund established pursuant to Section 16-6J-8.

(8) Comply with the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.

(c) The department shall administer the program with respect to participating schools and education service providers by doing all of the following:

(1) Create and disseminate a standard application form for a person or entity to establish eligibility as a participating school or education service provider.

(2) Establish and publicize a deadline by which application forms must be submitted to the department.

(3) Receive applications and approve applications for participating schools and education service providers that meet the requirements of Section 16-6J-5(a) or (b).

(4) Provide to education service providers and participating schools a written explanation of qualifying expenses, their responsibilities under the program, and the duties and responsibilities of the department.

(5) Maintain and routinely update the list of approved participating schools and education service providers on the department’s website.

(d) The department shall make available on its website aggregate information regarding the number and amount of credits claimed each tax year pursuant to this chapter.

(e) The department shall adopt and enforce rules necessary to implement this chapter, subject to the Alabama Administrative Procedure Act, Chapter 22, Title 41. Notwithstanding the Alabama Administrative Procedure Act, the department shall adopt emergency rules necessary to promptly and effectively begin administration of the program. Any rule necessary for initial implementation of the program may be adopted as an emergency rule, which shall remain effective for as long as necessary to facilitate initial implementation of the program.

(f) The department may enter into contracts for the implementation of all or part of this chapter. Any procurement necessary for the initial implementation of the program shall be considered a special procurement under Section 41-4-137.

(g) For purposes of administering the program, the department may seek federal verification of an individual’s immigration status with the federal government pursuant to 8 U.S.C. § 1373(c). The department shall not attempt to independently make a final determination of whether any individual is lawfully present in the United States.

(Act 2024-21, §6.)

§ 16-6J-7 Fraud or Misuse of Program Funds; Appeals

(a) To identify fraud or other potential misuse of program funds, the department shall do both of the following:

(1) Conduct random financial audits of ESAs and education service providers, including participating schools. The random financial audits shall be conducted with sufficient frequency to adequately deter misuse of program funds.

(2) Establish and publicize means for citizens to report fraud or other potential misuse of program funds, including websites and a toll-free phone number.

(b) To address instances of suspected fraud or other misuse of program funds, the department may do any of the following:

(1) Refer a case to local or state law enforcement agencies for further investigation. The program established by this chapter shall constitute a matter arising under the state revenue laws, and an application to participate in the program or a payment of qualifying expenses shall constitute a claim or other document, for purposes of the criminal prohibition against tax fraud in Section 40-29-115.

(2) Stop making advance credit payments into the ESA or otherwise reduce the amount of money in an ESA of a parent of a participating student, either temporarily or permanently.

(3) Suspend or disqualify an education service provider. If an education service provider is suspended or disqualified, the department shall notify participating students and their parents of the decision as soon as practicable. The department shall coordinate the suspension or disqualification to coincide with the end of the academic school year.

(4) Recapture misused program funds from a parent, education service provider, or other person responsible for the misuse of program funds.

(c) For purposes of this chapter, misuse of program funds includes any of the following:

(1) Violation of the agreements made by a parent pursuant to Section 16-6J-4(a), by an education service provider pursuant to Section 16-6J-5(a), or by a participating school pursuant to Section 16-6J-5(b).

(2) The misrepresentation of information provided to the department in the course of implementing this chapter.

(3) The failure to return any misspent program funds upon request of the department.

(4) The repeated and substantial failure to provide a participating student with educational services promised in exchange for program funds.

(d) A parent, participating student, education service provider, or other recipient of a CHOOSE Act tax credit may ask the department to reconsider its decision and appeal any final decision of the department to the Alabama Tax Tribunal under Chapter 2B of Title 40.

(Act 2024-21, §7.)

§ 16-6J-8 Choose Act Fund

(a)(1) The CHOOSE Act Fund is created in the State Treasury for the purpose of providing funding for the tax credits authorized by this chapter. Notwithstanding any law to the contrary, the Legislature shall appropriate not less than one hundred million dollars ($100,000,000) to the fund for the fiscal year ending September 30, 2026.

(2) For the fiscal year ending September 30, 2026, the Commissioner of Revenue shall deposit one hundred million dollars ($100,000,000) of gross income tax receipts into the CHOOSE Act Fund by June 1, 2026. For the fiscal year ending September 30, 2027, and continuing annually thereafter, the Commissioner of Revenue shall deposit an amount of gross income tax receipts into the CHOOSE Act Fund by June 1 of each year for parents of eligible students whose family had an adjustable gross income not exceeding 300 percent of the federal poverty level for the preceding tax year, but not to exceed one hundred fifty million dollars ($150,000,000).

(3) The Legislature shall make additional funds available to the CHOOSE Act Fund if the Commissioner of Revenue certifies that additional funds are necessary to satisfy consumer demand for the program based on prior-year participation in the program as reflected by the obligation of 90 percent or more of the funds available in the CHOOSE Act Fund.

(b) Amounts in the CHOOSE Act Fund shall be budgeted and allotted in accordance with Article 4 of Chapter 4 of Title 41 and Chapter 19 of Title 41; provided that neither the CHOOSE Act Fund nor individual ESAs shall be subject to Section 41-4-90.

(c) All funds received by the CHOOSE Act Fund shall remain in the CHOOSE Act Fund and shall not revert or be expended for any purpose other than the tax credits authorized by this chapter; provided that in no circumstances shall more than five hundred million dollars ($500,000,000) in excess, unused, accumulated funds be allowed to carry over in the CHOOSE Act Fund. Before the end of each year, the Commissioner of Revenue shall determine the amount of excess, unused, accumulated money in the CHOOSE Act Fund. If the amount of excess, unused, accumulated money in the CHOOSE Act Fund as determined by the commissioner exceeds five hundred million dollars ($500,000,000), the excess shall revert to the Education Trust Fund to become available for appropriation by the Legislature as nonrecurring revenue pursuant to Chapter 9 of Title 29.

(d) It is not the intent of this chapter to make appropriations, but any appropriations required by this chapter shall be from revenue sources available for appropriation under the Constitution of Alabama of 2022 notwithstanding any general law to the contrary.

(Act 2024-21, §8; Act 2025-402, §1.)

§ 16-6J-9 Intervention Permitted in Defense of Program

If any part of this chapter is challenged as violating either the state or federal constitutions, parents of eligible students and participating students shall be permitted to intervene as of right in the lawsuit for the purposes of defending the constitutionality of the program.

(Act 2024-21, §9.)

§ 16-6J-10

(a) The Legislature finds and declares the following:

(1) The CHOOSE Act was enacted to expand educational opportunity in Alabama and enhance the ability of Alabama parents to choose the K-12 educational setting that best meets the needs of their children.

(2) Recognizing the importance of interscholastic athletics, the CHOOSE Act contains an athletic-eligibility nondiscrimination provision that states, “Nothing in the CHOOSE Act shall affect or change the athletic eligibility of student athletes governed by the Alabama High School Athletic Association or similar association.”

(3) Interscholastic athletics are a vital part of a complete education, promoting teamwork, discipline, leadership, personal growth, and community engagement. Participation in interscholastic athletics, like participation in other extracurricular activities, improves students’ academic performance, school engagement, and social outcomes.

(4) Denying CHOOSE Act participating students the opportunity to participate in interscholastic athletics based solely on his or her status as a CHOOSE Act participating student undermines the CHOOSE Act’s promise of meaningful educational choice.

(5) It is essential to provide robust mechanisms to enforce the CHOOSE Act’s athletic-eligibility nondiscrimination provision and otherwise ensure that a student’s CHOOSE Act status does not limit his or her ability to participate in interscholastic athletics.

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

(1) CHOOSE ACT PARTICIPANT. A CHOOSE Act student, the parent of such a student, or a participating school.

(2) CHOOSE ACT STUDENT. A participating student, regardless of whether he or she has begun receiving services from an education service provider.

(3) INTERSCHOLASTIC ATHLETIC ASSOCIATION. An association that regulates interscholastic K-12 athletic events, including the Alabama High School Athletic Association, the Alabama Independent School Association, or any similar association. The term also includes any of the association’s officers, agents, servants, employees, member institutions, and any other person working in concert with them.

(c)(1) A CHOOSE Act participant may bring a civil action against an interscholastic athletic association to enjoin any of the following actions by an interscholastic athletic association:

a. Adoption, enforcement, or implementation of a rule or other policy or practice that limits or impedes participation of a CHOOSE Act student in an athletic activity when the determinative factor is his or her status as a CHOOSE Act participating student. This paragraph does not preclude rules, policies, or practices of an interscholastic athletic association, including those governing academic eligibility, transfers, or residency, which are applied without regard to whether the student is a CHOOSE Act participating student.

b. Punishment of, or any adverse action against, a CHOOSE Act participant for a CHOOSE Act student’s participation in an athletic activity pursuant to a court order, even if the court order is later vacated, stayed, reversed, or found to lack justification, if the court order was issued pursuant to paragraph a. or to enforce the prohibition in Section 16-6J-3(i) prohibiting discrimination against CHOOSE Act students with respect to athletic eligibility.

c. Retaliation against a CHOOSE Act participant for advocacy or support of a CHOOSE Act student’s participation in an athletic activity pursuant to paragraph a. or Section 16-6J-3(i).

(2) The following shall govern an action for injunctive relief brought pursuant to this subsection:

a. The CHOOSE Act participant may seek a temporary restraining order, preliminary injunction, permanent injunction, or any combination thereof, pursuant to the principles of equity governing such forms of relief, provided a court shall prioritize allowing participation in an athletic activity by a CHOOSE Act student over preservation of the status quo.

b. Upon presenting sufficient evidence that an interscholastic athletic association has taken or will likely take an action enumerated in subdivision (1), a CHOOSE Act participant shall be conclusively presumed to have established irreparable harm, that the CHOOSE Act participant has no adequate remedy at law, and that the requested injunction would serve the public interest.

c. Upon presenting sufficient evidence that an interscholastic athletic association has taken or will likely take an action enumerated in subdivision (1), a CHOOSE Act participant shall be presumed to have established that the balance of the hardships favors issuance of an injunction unless the interscholastic athletic association establishes otherwise by clear and convincing evidence.

(3) Under this subsection, a court may award relief regardless of when the action described in subdivision (1) was taken by the interscholastic athletic association.

(d) In addition to any relief sought pursuant to subsection (c), a CHOOSE Act participant may bring a civil action against an interscholastic athletic association to recover the CHOOSE Act participant’s actual economic damages proximately caused by any action enumerated in subdivision (c)(1) taken by the interscholastic athletic association, provided the civil action shall be brought within two years from the date of the action at issue.

(e) Venue for an action brought pursuant to this section shall be proper in the circuit court of the county in which the CHOOSE Act participant resides, attends school, or operates a school, or in the Circuit Court of Montgomery County.

(f) In an action brought pursuant to this section, the court may award costs and reasonable attorney fees to a prevailing CHOOSE Act participant. The court may award costs and reasonable attorney fees to a prevailing interscholastic athletic association as provided in the Alabama Litigation Accountability Act.

(Act 2026-581, §1.)

Chapter 6K Alabama Charter School Finance Authority Act

§ 16-6K-1

This chapter may be cited as the Alabama Charter School Finance Authority Act.

(Act 2026-585, §1.)

§ 16-6K-2

It is the intent of the Legislature by passage of this chapter to enable the state, acting by and through the Alabama Charter School Finance Authority, to aid state charter educational institutions in the financing and refinancing of project costs on a tax-exempt basis. To this end, the Legislature intends to authorize the authority to issue bonds for the purpose of providing funds to enable the authority to make loans to state charter educational institutions to pay project costs and to provide that state charter educational institutions shall secure the payment of such loans out of a dedicated source of revenue. This chapter shall be liberally construed in conformity with the intentions of the Legislature expressed in this section.

(Act 2026-585, §2.)

§ 16-6K-3

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

(1) AUTHORITY. The Alabama Charter School Finance Authority created by this chapter and any successor or successors thereto. Any change in name or composition of the authority shall in no way affect the vested rights of any person under the provisions of this chapter.

(2) BOARD OF DIRECTORS. The board of directors of the authority.

(3) BONDS. The bonds of the authority issued under the provisions of this chapter, including revenue refunding bonds.

(4) COSTS. As applied to a project or any portion thereof financed under the provisions of this chapter, all or any part of the cost of construction, acquisition, alteration, enlargement, reconstruction, and remodeling of a project, including all lands, structures, real or personal property, rights-of-way, franchises, easements, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates, and interests acquired or used for or in connection with a project, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved, the cost of all machinery and equipment, financing charges, underwriters’ commissions or discounts, interest prior to, during, and for a period of six months following estimated completion of such construction and acquisition, provisions for reserves for principal and interest and for extensions, enlargements, additions, and improvements, the cost of architectural, engineering, financing and legal services, plans, specifications, studies, surveys, estimates of cost and revenues, administrative expenses, expenses necessary or incident to determining the feasibility or practicability of constructing the project, and other expenses as may be necessary or incident to the construction and acquisition of the project, the financing of the construction and acquisition and placing of the project in operation. All funds paid or advanced for any of the purposes aforesaid by any institution prior to the issuance of any of the authority’s revenue bonds may be refunded to the institution out of the proceeds of any revenue bonds so issued. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under the provisions of this chapter for the project.

(5) FINANCING LOAN. A loan by the authority to a state charter educational institution pursuant to the terms of this chapter for the purpose of financing project costs incurred or to be incurred by such state charter educational institution.

(6) PROJECT. A structure or structures available for use as a dormitory or other student housing facility, a dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletics facility, health care facility, maintenance, storage or utility facility, and other structures or facilities related thereto or required or useful for the instruction of students or the conducting of research or the operation of an institution, whether proposed, under construction, or completed, including parking and other facilities or structures essential or convenient for the orderly conduct of such institution. The term includes landscaping, site preparation, furniture, equipment, and machinery and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended. The term does not include any items the costs of which are customarily deemed to result in a current operating change.

(7) STATE. The State of Alabama.

(8) STATE CHARTER EDUCATIONAL INSTITUTION. Every public state charter school according to state laws, heretofore or hereafter established or acquired under statutory authorization of the Legislature of Alabama and existing as a public institution of learning supported in substantial part by state appropriations, or by revenues derived from the institution.

(Act 2026-585, §3.)

§ 16-6K-4

There is hereby created a public body corporate and politic to be known as the Alabama State Charter School Finance Authority. The authority shall not be a state institution nor a department or agency of the state but shall be a public instrumentality performing an essential governmental function, being a distinct corporate entity. The Governor or his or her designee shall be the president of the authority, the Chair of the House Ways and Means Education Committee shall be the vice president, the State Superintendent of Education shall be the secretary, and the Chair of the Senate Finance and Taxation Education Committee, the State Finance Director, and the Executive Director of the State Charter School Commission shall be members. The State Treasurer or any bank having trust powers or any trust company shall be treasurer of the authority, shall act as custodian of its funds, and shall pay the principal of and interest on the bonds of the authority out of the funds hereinafter provided for. The members of the authority shall constitute all the members of the board of directors of the authority, and any three members of the board of directors shall constitute a quorum for the transaction of business. Should any individual holding any state office named in this section cease to hold such office by reasons of death, resignation, expiration of his or her term of office, or for any other reason, then his or her successor in office shall take his or her place as a member, officer, or director, as the case may be, of the authority. No member, officer, or director of the authority shall draw any salary in addition to that now authorized by law for any service he or she may render or for any duty he or she may perform in connection with the authority. All proceedings had and done by the board of directors shall be reduced to writing by the secretary of the authority, shall be signed by at least two members of the authority, and shall be recorded in a substantially bound book and filed in the office of the secretary. Copies of such proceedings, when certified by the secretary of the authority, under the seal of the authority, shall be received in all courts as prima facie evidence of the matters and things therein certified. The members, officers, executive director, employees, and representatives of the authority shall be immune from suit and liability, both personally and in their official capacity, for any claim or damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of board employment, duties, or responsibilities. Nothing in this section shall be construed to protect any individual from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that individual. The procurement of insurance of any type by the board does not in any way compromise or limit the immunity granted by this section.

(Act 2026-585, §4.)

§ 16-6K-5

The authority shall have the following powers:

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

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

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

(4) To borrow money and to issue bonds for the purpose of making loans to state charter educational institutions to finance project costs, and to provide for the rights of the purchasers, holders, or owners of such bonds.

(5) To make financing loans to any state charter educational institution in order to finance project costs, which financing loans may be evidenced or secured by loan agreements, mortgage pledges, promissory notes, security agreements, trust indentures, or such other instruments, and upon such terms and conditions as the board of directors of the authority shall determine to be reasonable.

(6) To arrange for various forms of security or credit enhancement for its bonds, including letters of credit, guaranties, policies of insurance, and the like.

(7) As security for the payment of the principal of and interest on any financing loan made to a state charter educational institution, to take a pledge of and security interest in:

a. State monies;

b. Federal monies;

c. Local funds;

d. Mortgage pledge of facilities; or

e. Any other monies or revenues received by such state charter educational institution.

(8) As security for the payment of the principal of and interest on its bonds, to pledge the revenues, receipts, funds, and other property out of which the financing loans made with the proceeds of its bonds are payable and to pledge, transfer, and assign any repayment obligations of financing loan recipients.

(9) As security for the payment of the principal of and interest on any financing loan made to a state charter school educational institution, to provide for any legally permitted intercept programs that would allow the authority to intercept charter school revenues eligible to make debt service payments on authority bonds prior to operating funds.

(10) To collect such fees and charges in connection with its financing loans and bonds including, but not limited to, reimbursement of administrative costs, as the authority shall determine to be reasonable.

(11) To make and execute contracts for the servicing of financing loans made by the authority and to pay the reasonable value of services rendered to the authority pursuant to such contracts.

(12) To invest proceeds of the bonds of the authority not required for immediate use in such manner as the board of directors shall determine.

(13) To establish accounts in one or more depositories.

(14) To make, enter into, and execute such financing agreements, loan agreements, contracts, or other instruments and to take such other actions as may be necessary or convenient to accomplish any purpose for which the authority was organized or to exercise any power granted to it.

(15) To charge to and apportion among participating state charter educational institutions the administrative costs and expenses incurred by the authority in the exercise of the powers and duties conferred upon it by this chapter.

(16) To pledge or mortgage all or any portion of any project costs conveyed to the authority for such purpose, whether presently owned or subsequently acquired, for the benefit of the holders of the bonds of the authority issued to finance such project costs or any portion thereof or issued to refund or refinance outstanding indebtedness of a state charter educational institution permitted by this chapter.

(17) To issue bonds for the purpose of refunding or refinancing outstanding bonds issued pursuant to this chapter or outstanding obligations incurred by state charter educational institutions for the purpose of financing or refinancing project costs, whether or not the bonds or other obligations are outstanding prior to or after October 1, 2026, provided that such indebtedness was originally incurred for the purpose of project costs as defined in this chapter.

(18) To exercise any power granted by the laws of the state to public institutions which is not in conflict with the purpose of this chapter.

(19) To adopt administrative regulations necessary or appropriate to effectuate its purpose and to administer the program authorized herein.

(Act 2026-585, §6.)

§ 16-6K-6

(a) The authority is authorized and empowered to issue its bonds from time to time for the purpose of making financing loans to finance project costs incurred or to be incurred by state charter educational institutions. The bonds may be in such an aggregate principal amount as the board of directors shall determine to be necessary to pay the project costs included in such financing. The authority may pay from the proceeds of the sale of its bonds all expenses, including publication and printing charges, attorney fees, financial advisory fees, and other expenses that the board of directors may deem necessary or advantageous in connection with the authorization, advertisement, sale, execution, and issuance of its bonds or the making of financing loans from the proceeds thereof.

(b) All bonds issued by the authority shall be limited obligations of the authority payable solely from any combination of the following:

(1) The revenues, receipts, funds, and other property of the authority derived from the repayment of financing loans made with proceeds of such bonds.

(2) Amounts derived from any letter of credit, insurance policy, or any other form of credit enhancement applicable to the bonds or financing loans made from the proceeds thereof.

(3) Any reserve fund, debt service fund, or other fund established for the purpose of making or providing for the payment of debt service on such bonds.

(4) Any earnings on the proceeds of bonds invested by the authority pending their disbursement.

Bonds shall not be general obligations of the authority, shall not be payable from any state appropriations, and shall not create a debt or obligation of the state.

(c) The principal of, premium, if any, and interest on any bonds issued by the authority shall be secured by a pledge of the revenues, receipts, funds, and other property out of which the same may be payable and may be secured by a trust indenture conveying as security for such bonds all or any part of the property of the authority from which the revenues or receipts so pledged may be so derived.

(1) The resolution of the board of directors under which any bonds are authorized to be issued and any trust indenture relating thereto may contain any agreements and provisions respecting the collection and disposition of the revenues and receipts subject to such trust indenture, the creation and maintenance of special funds from such revenues and receipts, the rights, duties, and remedies of the parties to any such instrument and the parties for the benefit of whom such instrument is made and the rights and remedies available in the event of default, all as the board of directors shall deem advisable. Any pledge made with respect to bonds shall be valid and binding from the time such pledge is made; the revenues, receipts, funds, and other properties so pledged shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act; and the lien of the pledge shall be valid and binding as against all parties having claims of any kind against the authority irrespective of whether any such parties have notice thereof. Neither the resolution of the board of directors authorizing the bonds nor any other instrument by which such a pledge is created need be recorded. Each pledge, agreement, or trust indenture made for the benefit or security of any holders of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid.

(2) In the event of default in the payment or in any agreements of the authority made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any trust indenture executed as security therefore, the default may be enforced by writ of mandamus or any other available remedy under state law.

(d) All bonds issued by the authority shall be signed by the president or the vice president of the authority and attested by its secretary, and the seal of the authority shall be affixed thereto and attested to by the secretary. The signatures of the president and the secretary may be facsimile signatures, and a facsimile of the seal of the authority may be imprinted on bonds if the board of directors provides for the manual authentication of bonds by a trustee or paying agent. Delivery of any bonds so executed shall be valid notwithstanding any change in the officers of the authority or in the seal of the authority after its delivery.

(e) Bonds may be executed and delivered by the authority at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall contain such provisions not inconsistent with the provisions of this chapter, and shall bear such rate or rates of interest, payable and evidenced in such manner, or may bear no interest, as may be provided by resolution of the board of directors. Bonds of the authority may be sold at either public or private sale in such manner and at such price or prices and at such time or times as may be determined by the board of directors to be most advantageous. The authority may pay all fees, expenses, premiums, and commissions incurred in connection with the issuance of any of its bonds. All bonds shall be construed to be negotiable instruments although payable solely from a specified source. The board of directors may provide, in its discretion, that such bonds shall bear interest at a rate or rates fixed at the time of the issuance thereof, or at fixed rates which may be changed from time to time during the term of such bonds in accordance with an objective procedure determined by the board of directors at the time of the issuance of such bonds, or at a floating rate or rates which may change from time to time in connection with published interest rates or indexes that reflect an objective response to market changes and interest rates by banks, governmental agencies, or other generally recognized public or private sources of information concerning interest rates. The board of directors may also provide, in its discretion, that interest on such bonds may be payable in cash at fixed intervals, or through one or more payments which reflect compound interest computed at specified intervals on accrued but unpaid interest, or through a discount in the sales price for such bonds equivalent to compound interest on such bonds for all or part of the term thereof, or through any combination of the foregoing methods of providing for the payment of interest.

(Act 2026-585, §6.)

§ 16-6K-7

(a) After making adequate provision for the payment of the expenses of issuance, the authority is authorized and empowered to use the proceeds of any bonds, together with any other available funds: (i) to finance project costs through financing loans to state charter educational institutions, as herein authorized; (ii) to fund reserves as the authority deems necessary and desirable; and (iii) to the extent not needed for the foregoing uses, to pay or redeem such bonds.

(b) Pending the application of the proceeds of bonds to the purpose or purposes of which the bonds were issued, the proceeds may be invested by the authority in such manner, consistent with the resolution pursuant to which the bonds are issued, as the board of directors may deem advisable.

(c) Any and all revenues, receipts, investment earnings, and other funds paid to, or otherwise coming into the possession of, the authority as the result of financing accomplished from the proceeds of bonds, shall be held, deposited, administered, invested, and applied as provided in the resolution of the board of directors authorizing the issuance of such bonds and as provided in any trust indenture, or other agreement delivered in connection therewith, or otherwise as the authority may direct, consistent with the provisions of the resolution, trust indenture, or other agreement.

(Act 2026-585, §7.)

§ 16-6K-8

(a) In order to provide for the funding of a financing loan by the authority to a state charter educational institution, the state charter educational institution shall establish a dedicated source of revenue to secure the repayment of monies received from the authority.

(b) The state charter educational institution is hereby authorized and empowered, any existing statute to the contrary notwithstanding, to do and perform any one or more of the following:

(1) To obligate itself to pay to the authority at periodic intervals a sum sufficient to provide for the payment of debt service with respect to the bonds of the authority issued to fund the financing loan made to the state charter educational institution and to pay over the debt service to the authority for the account of such state charter educational institution.

(2) To levy, collect, and pay over to the authority and to oblige itself to continue to levy, collect, and pay over to the authority the proceeds of any revenue dedicated for the purposes provided herein including, but not limited to:

a. State monies;

b. Federal monies;

c. Local funds;

d. Mortgage pledge; and

e. Any other monies or revenues received by the state charter educational institution.

(3) To pledge as security for the payment of its contractual obligation to the authority hereunder the proceeds of any one or more of the sources specified in subdivision (2).

(4) To obligate itself to continue to levy and collect such revenues, fees, charges, and taxes as shall equal not less than 110 percent nor more than 125 percent, as determined by the authority of the maximum principal and interest maturing and coming due in any one year on the bonds issued by the authority to fund the financing loan to such state charter educational institution.

(5) To enter into such agreements, to perform such acts, and to delegate such functions and duties as its governing body shall determine to be necessary or desirable to enable the authority to fund a financing loan to such state charter educational institution.

(Act 2026-585, §8.)

§ 16-6K-9

Any bonds issued by the authority may from time to time be refunded by the issuance, by sale or exchange of refunding bonds or obligations payable from the same or different sources for the purpose of paying all or any part of the principal of the bonds to be refunded, any redemption premium required to be paid as a condition to the redemption prior to maturity of any such bonds that are to be so redeemed in connection with the refunding, any accrued and unpaid interest on the bonds to be refunded, any interest to accrue on each revenue bond to be refunded to the date on which it is to be paid, whether at maturity or by redemption prior to maturity, and the expenses incurred in connection with the refunding, provided, that unless duly called for redemption pursuant to provisions contained therein, the holders of any such bonds then outstanding and proposed to be refunded shall not be compelled without their consent to surrender their outstanding bonds for refunding. Any refunded bonds or obligations may be sold by the authority at public or private sale at the price or prices as may be determined by the board of directors to be most advantageous or may be exchanged for the bonds to be refunded. Any such refunding bonds or obligations may be executed and delivered by the authority at any time and from time to time, shall be in the form and denominations and have the tenor and maturities, shall contain the provisions not inconsistent with the provisions of this chapter, and shall bear the rate or rates of interest, payable and evidenced in such manner, as may be provided by resolution of the board of directors. Any refunding bonds or obligations issued by the authority shall be issued and secured in accordance with the provisions of Section 16-6K-6

(Act 2026-585, §9.)

§ 16-6K-10

The State Treasurer may invest any idle or surplus money of the state in bonds of the authority. The governing body of any county or municipality is authorized in its discretion to invest any idle or surplus money held in its treasury in bonds of the authority. The bonds shall be legal investments for executors, administrators, trustees, and other fiduciaries, unless otherwise directed by the court having jurisdiction of the fiduciary relation or by the document that is the source of the fiduciary’s authority, and for savings banks and insurance companies organized under the laws of the state.

(Act 2026-585, §10.)

§ 16-6K-11

The property and income of the authority, all bonds issued by the authority, the income from the bonds or from any other sources, the interest and other profits from such bonds ensuring to and received by the holders thereof, conveyances by and to the authority and leases, mortgages, and deeds of trust by and to the authority shall be exempt from all taxation in the State of Alabama. The authority shall not be obligated to pay or allow the payment of any fees, taxes, or costs to the Secretary of State or to any judge of probate of any county in connection with the recording by it of any document or otherwise, the authority being hereby exempted from the payment of any such fees, taxes, and costs. No license or excise tax may be imposed by any authority with respect to the privilege of engaging in any of the activities in this chapter.

(Act 2026-585, §11.)

§ 16-6K-12

The authority’s legal situs or residence for the purpose of this chapter shall be Montgomery County. Any action to protect or enforce any rights under this chapter shall be brought in the circuit court of Montgomery County, Alabama, and the court shall have exclusive original jurisdiction of all such actions.

(Act 2026-585, §12.)

§ 16-6K-13

While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of any of its officers shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds. The provisions of this chapter shall be for the benefit of the state, the authority, and the holders of any bonds, and, upon the issuance of the bonds as herein provided, the provisions shall constitute a contract with the holders of the bonds. The provisions of any bond resolution, indenture, or trust agreement shall be a contract with every holder of the bonds, and the duties of the authority under any bond resolution, indenture, or trust agreement shall be enforceable by any bondholder by mandamus or other appropriate suit, action, or proceeding at law or in equity.

(Act 2026-585, §13.)

§ 16-6K-14

All monies received by the authority pursuant to this chapter shall be deemed to be trust funds for the holders of the bonds and shall be held and applied for the benefit of the bondholders of the respective issues as provided in this chapter and as provided in the authorizing resolutions of the authority.

(Act 2026-585, §14.)

Chapter 7 Alabama Educational Television Commission

§ 16-7-1 Creation

There is hereby created an agency to be known as the Alabama Educational Television Commission, hereinafter called the commission.

(Acts 1953, No. 81, p. 124, §1.)

§ 16-7-2 Membership; Appointment; Terms; Vacancies; Per Diem and Expenses

The commission shall consist of seven members, one from each of the congressional districts in the state as they are constituted on the 15th day of January, 1980. The members shall be residents and qualified electors of the State of Alabama. No member of the commission shall hold any other office of profit or trust under the United States, the State of Alabama or any political subdivision thereof. The five members of the commission serving on May 28, 1980, shall continue to serve as commissioners from their respective congressional districts for the remainder of the unexpired portions of their 10-year terms. The two additional commissioners shall be appointed by the Governor with the advice and consent of the Senate, within 15 days after May 28, 1980; one of the commissioners is to be appointed from one of the congressional districts from which there is no commissioner on May 28, 1980 and the other is to be appointed from the other congressional district from which there is no commissioner on May 28, 1980. One of the two new commissioners shall be appointed originally for a term of eight years and the other for a term of six years. The successors of all commissioners shall be appointed by the Governor with the advice and consent of the Senate for a term of 10 years. Commissioners shall be eligible for reappointment. If a vacancy occurs at a time when the Senate is in session, the Governor shall, with the advice and consent of the Senate, appoint another commissioner for the unexpired term. If such vacancy occurs when the Senate is not in session, the Governor shall appoint a commissioner who shall take office immediately, but his appointment shall be subject to confirmation by the Senate at the next session of the Legislature. If the appointment of such commissioner is confirmed by the Senate he shall serve the remainder of the unexpired term. Each member of the commission shall be entitled to receive $25.00 for each day actually engaged in the performance of his duties, not to exceed $1,200.00 in any one year, plus an allowance for expenses for official travel in the state, not to exceed $10.00 for each day he is entitled to compensation, and the actual cost of his transportation and no more. In the event a member uses a privately owned automobile for official travel, he shall be reimbursed for mileage actually traveled in attending meetings of the commission and in the performance of his official duties at the rate established by law for state officers and employees.

(Acts 1953, No. 81, p. 124, §2; Acts 1980, No. 80-766, p. 1595, §1.)

§ 16-7-3 Members Not to Have Financial Interest in Facilities; Removal

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

(b) Members of the commission may be removed from office upon impeachment on the grounds and in the manner prescribed in Section 173 of the Constitution of Alabama.

(Acts 1953, No. 81, p. 124, §2 1/2.)

§ 16-7-4 Organization; Officers; Rules and Regulations; Agents

Promptly after their appointment the commissioners shall meet to organize. At such meeting they shall choose from their number a president, a secretary and such other officers as they deem necessary. Thereafter officers shall be elected annually. The commission shall adopt rules regulating the conduct of its meetings and the transaction of the business of the commission, and may appoint such agents and employees as it deems necessary, or may delegate to one or more of its members, officers, agents or employees such powers and duties as it deems proper.

(Acts 1953, No. 81, p. 124, §3.)

§ 16-7-5 Duties

The commission is organized for the purpose of making the benefits of educational television available to and promoting its use by inhabitants of Alabama, and to this end it is hereby empowered and directed to survey, study and appraise the need for an overall plan for the use of television facilities available for noncommercial educational use in the state. The commission is specifically charged with the duty of controlling and supervising the use of channels reserved by the Federal Communications Commission to Alabama for noncommercial, educational use. It may designate the location of stations to utilize such channels and make rules and regulations governing the operation of such stations and the programs televised over such channels. The commission may own and operate television stations to utilize these channels, or it may contract with individuals, corporations, educational institutions or other governmental agencies for the operation of such stations. The commission is also authorized to own and operate radio stations to utilize the channels reserved for public radio within the State of Alabama.

(Acts 1953, No. 81, p. 124, §4; Acts 1980, No. 80-766, p. 1595, §2.)

§ 16-7-6 Contracts; Acceptance of Gifts

The commission is hereby authorized to execute all contracts and other instruments necessary and convenient to carry out the mandates of this chapter. It may accept gifts or grants of money or property, real or personal, and voluntary and uncompensated services from any person, federal or other governmental agency, board of education, educational institution or commercial or industrial enterprise.

(Acts 1953, No. 81, p. 124, §5.)

Chapter 7A Alabama Educational Television Foundation Authority

§ 16-7A-1 Creation; Membership, Salary, Etc

There is hereby created the Alabama Educational Television Foundation Authority which shall be a public non-profit corporation consisting of 13 members who shall be appointed by the Alabama Educational Television Commission. Such authority members shall include: one member from each congressional district, the public network’s general manager as an ex officio member, and the remaining five selected from the state-at-large from persons with expertise in broadcasting or investments. The ex officio member shall be non-voting. The members shall receive no salary for their services.

(Acts 1982, 2nd Ex. Sess., No. 82-786, p. 289, §1.)

§ 16-7A-2 Appointment of Members

Members of the authority shall be appointed for four-year terms. Commencing on August 1, 2009, members appointed to the authority who are also members of the Alabama Educational Television Commission shall be appointed to a term on the authority that is concurrent in duration with the term of the member on the commission.

The membership of the authority and the commission shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

(Acts 1982, 2nd Ex. Sess., No. 82-786, p. 289, §2; Act 2009-400, p. 726, §1.)

§ 16-7A-3 Election of Officers; Meetings

The members of the authority shall elect officers from among themselves and shall meet at the call of the president or upon the call of four or more members.

(Acts 1982, 2nd Ex. Sess., No. 82-786, p. 289, §3.)

§ 16-7A-4 Purposes; Tax Exemption; Audits

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

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

(c) The authority shall be subject to audits by the Department of Examiners of Public Accounts. The audits shall be similar to the type performed on similar agencies.

(Acts 1982, 2nd Ex. Sess., No. 82-786, p. 289, §4; Act 2009-400, p. 726, §1.)

§ 16-7A-5 Activities of Authority Not to Include Propaganda, Political Campaigns, Etc

The activities of the authority shall not include, directly or indirectly, the carrying on of propaganda, or otherwise attempting to influence legislation or engaging in political campaigns.

(Acts 1982, 2nd Ex. Sess., No. 82-786, p. 289, §5.)

§ 16-7A-6 Disposition of Assets Upon Dissolution

In the event of dissolution, the residual assets of the authority shall be turned over to another public corporation or organization which is itself exempt from federal income tax as an organization described in Section 501(c)(3) and Section 170(c) of the Internal Revenue Code of 1954, as amended.

(Acts 1982, 2nd Ex. Sess., No. 82-786, p. 289, §6.)

§ 16-7A-7 Alabama Educational Television Commission to Continue as Governing Body

It is the express intent of the Alabama Legislature that the Alabama Educational Television Commission shall continue as the governing body of the Alabama public network.

(Acts 1982, 2nd Ex. Sess., No. 82-786, p. 289, §7.)

§ 16-7A-8 Chapter Cumulative

The provisions of this chapter are cumulative and shall not be construed to repeal or supersede any laws not directly in conflict or inconsistent herewith.

(Acts 1982, 2nd Ex. Sess., No. 82-786, p. 289, §8.)

Chapter 8 County Boards of Education

§ 16-8-1 Composition; Election; Single Member Election Districts; Qualifications

(a) The county board of education shall be composed of five members, who shall be elected by the qualified electors of the county.

(b) County boards of education unless otherwise provided by law may use the provisions of this subsection to establish single member election districts with one board member elected from each district. School boards exercising this option may establish five or seven such districts. Such plan shall be considered only after two weeks public notice has been given, outlining generally the school districts under consideration. The members so elected, or appointed in the event of a vacancy, shall be residents of the school district. Such residency shall have been established at least one year before the general election at which the candidate is to be elected, or appointed in the event of a vacancy. Whenever a member of a county board of education moves his or her domicile from the district he or she represents, he or she shall cease to be a member of the county board of education, and a vacancy shall occur. The member shall provide notice of the move to the secretary of the local board of education before the commencement of business at the first meeting of the local board of education following the move. The boundaries of such single member districts shall be determined by a majority vote of the county board of education. The county board of education shall apportion the districts according to the last federal decennial census for the county utilizing the principle of equal representation. Thereafter, each county board of education choosing to implement single member election districts shall reapportion those districts within six months following the publication of the results of each federal decennial census.

(c) No person shall be eligible for election or appointment as a member of a county board of education unless he or she satisfies all of the following qualifications:

(1) Is a person of good moral character.

(2) Has obtained a high school diploma or its equivalent.

(3) Is not employed by that county board of education, unless serving as a member of the county board of education on April 20, 2012.

(4) Is not serving on the governing board of a private elementary or secondary educational institution.

(5) Is not on the National Sex Offender Registry or the state sex offender registry.

(6) Has not been convicted of a felony.

(School Code 1927, §§87, 92; Code 1940, T. 52, §§63, 68; Acts 1949, No. 369, p. 542, §1; Acts 1949, No. 667, p. 1031; Acts 1964, 1st Ex. Sess., No. 249, p. 346, §1; Acts 1969, No. 331, p. 705, §1; Acts 1987, No. 87-282, p. 392, §1; Act 2012-221, p. 399, §2.)

§ 16-8-2 When Members Elected; Terms of Office; Oath of Office

At the general election of state and county officers, a member or members shall be elected for terms of six years to succeed the member or members whose term or terms of office expire at that time. The members of the county board of education shall hold office until their successors have been elected and qualified. Before exercising any authority or performing any duties as a member of the county board of education, each member thereof shall qualify by taking and subscribing to the oath of office prescribed by Article XVI of the state constitution, the certificate whereof shall be filed in the office of the judge of probate of the county.

(School Code 1927, §89; Code 1940, T. 52, §65.)

§ 16-8-3 Special Annual Public Meeting; Notice

The county board of education shall hold a meeting each year for the purpose of giving the public an opportunity of presenting to the board matters relating to the allotment of public school funds or any other matter relating to the administration of the public schools of the county. The time and location of such meeting shall be determined by each local board of education and shall be given public notice.

(School Code 1927, §90; Code 1940, T. 52, §66; Acts 1988, 1st Ex. Sess., No. 88-876, p. 418, §1.)

§ 16-8-4 Organizational, Regular and Special Meetings; Rules of Procedure; Majority Vote

The county board of education shall hold an annual meeting each year in November. At this meeting the board shall elect each year one of its members to serve as president and one to serve as vice-president. Each board shall hold at least five additional regular meetings during the school year, and such special meetings may be held, at such place as the duties and the business of the board may require. Public notice shall be given of regular meetings. The rules generally adopted by deliberative bodies for their government shall be observed by the county board of education. No motion or resolution shall be declared adopted without the concurrence of the majority of the whole board.

(School Code 1927, §91; Code 1940, T. 52, §67; Acts 1969, Ex. Sess., No. 92, p. 171, §1; Acts 1988, 1st Ex. Sess., No. 88-876, p. 418, §2.)

§ 16-8-5 (Repealed by Act 2024-331, Effective October 1, 2024) Compensation

[Repealed]

REPEALED BY ACT 2024-331, EFFECTIVE OCTOBER 1, 2024.

(School Code 1927, §92; Code 1940, T. 52, §68; Acts 1949, No. 369, p. 542, §1; Acts 1949, No. 667, p. 1031, §1; Acts 1969, No. 331, p. 705; Acts 1975, No. 1013, p. 2043, §1.)

§ 16-8-6 Vacancies

In the event a vacancy occurs in the office of members of the county board of education, the vacancy shall be filled by appointment by a majority of the remaining members of the county board of education, and the appointee shall hold for the unexpired term. In the event the vacancy is not filled by the remaining members of the county board within 30 days, the State Superintendent of Education shall fill such vacancy by appointment. The county superintendent of education shall notify the State Superintendent of Education when a vacancy in the office of a member of the county board of education has not been filled within 30 days.

(School Code 1927, §88; Code 1940, T. 52, §64.)

§ 16-8-7 Appointment, Duties and Bond of Superintendent as Secretary of Board

The county board of education shall appoint as its executive officer a county superintendent of education who shall also be the secretary of the county board of education. As secretary he shall conduct all correspondence of the board, keep and preserve all of its records, receive all reports required by the board and see that such reports are in proper form, complete and accurate. He shall have the right to advise on any question under consideration by the board, but shall have no vote. In case the office of the county superintendent of education is temporarily vacant, or when the county superintendent of education is absent by reason of the nature of business in hand, or otherwise, the board shall appoint one of its members to act for the time being as secretary. The bond of the county superintendent of education shall be responsible for the faithful performance of duties by the member of the county board of education appointed to act as secretary in the absence of the county superintendent.

(School Code 1927, §93; Code 1940, T. 52, §69.)

§ 16-8-8 Administration and Supervision of Schools Generally

The general administration and supervision of the public schools of the educational interests of each county, with the exception of cities having a city board of education, shall be vested in the county board of education; provided, that such general administration and supervision of any city having a city board of education may be consolidated with the administration and control of educational matters affecting the county and vested in the county board of education.

(School Code 1927, §86; Code 1940, T. 52, §62.)

§ 16-8-9 Exercise of Supervision of Schools

The county board of education shall exercise through its executive officer, the county superintendent of education and his professional assistants control and supervision of the public school system of the county. The board shall consult and advise through its executive officer and his professional assistants with school trustees, principals, teachers and interested citizens and shall seek in every way to promote the interest of the schools under its jurisdiction.

(School Code 1927, §98; Code 1940, T. 52, §74.)

§ 16-8-11 Uniform System of Schools Maintained

The county boards of education shall maintain a uniform and effective system of public schools throughout their respective counties.

(School Code 1927, §96; Code 1940, T. 52, §72.)

§ 16-8-12 Property Vested in County Board; Permissible Conveyance

(a) All the property, estate, effects, money, funds, claims, and donations now or hereafter vested by law in the public school authorities of any county for the benefit of the public schools of any county are hereby transferred and vested in the county board of education, and their successors in office. Real and personal estate granted, conveyed, devised, or bequeathed for the use of any particular county, school district, or public school shall be held in trust by the county board of education for the benefit of any such county school district or school.

(b) A county board of education may convey property to a volunteer fire department in the county.

(School Code 1927, §95; Code 1940, T. 52, §71; Acts 1994, No. 94-681, p. 1313, §1.)

§ 16-8-12.1 Authority to Enter into Cooperative Agreements, Programs, Etc

In addition to all authority previously granted by statute, county boards of education may enter into cooperative agreements, projects and programs with the county commission, and may take such other actions as they deem necessary and appropriate for the proper management of the public schools; provided, however, that such agreements, projects, and programs shall not be in conflict with nor inconsistent with any law or policy of the State Board of Education and shall not conflict with the purposes for which the school system is established. Provided, further, that such authority shall not be used to deny any employee any legal or constitutional rights to which he or she is entitled, nor shall such authority be used in such a way that employees are denied any benefits established and required by law, nor shall such authority be construed as authorizing county boards of education to levy any taxes not otherwise authorized by law.

(Acts 1987, No. 87-602, p. 1046, §1.)

§ 16-8-13 Consolidation of Schools - Authority

The county board of education shall consolidate schools wherever in its judgment it is practicable and arrange, if necessary, for the transportation of pupils to and from such consolidated schools, subject to the provisions of this title.

(School Code 1927, §100; Code 1940, T. 52, §76.)

§ 16-8-14 Consolidation of Schools - in Two Counties - Authority

The county boards of two or more adjoining counties shall have the power, by resolution spread upon the minutes of such county boards of education in the counties so adjoining, to form a consolidated school to be composed of the territory bounded by the limits set out for each county by the county boards of education in the aforesaid resolution.

(School Code 1927, §102; Code 1940, T. 52, §78.)

§ 16-8-15 Consolidation of Schools - in Two Counties - Control

The government and control of any school in the consolidated territory lying within two counties formed in accordance with the resolution of the boards shall be vested in the county board of education of the county in which the school building is located or is to be located, unless otherwise provided by agreement between the boards of education of the counties concerned.

(School Code 1927, §103; Code 1940, T. 52, §79.)

§ 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.)

§ 16-8-17 Consolidation of Schools - County and City Systems

(a) Whenever a county board of education and the city board or boards of education in the county shall deem it advisable to consolidate the administration of their respective systems under the county board of education and shall reach an agreement to that effect through resolutions adopted by and recorded in the minutes of each board, which agreement shall provide for the payment of their respective indebtedness, said consolidation shall be made to become effective at the time designated in the resolutions providing for such consolidation; provided, that, if within 30 days after the adoption of said resolutions 25 percent of the qualified electors of the territory covered by either of the school systems concerned shall submit a protest in writing, the consolidation procedure shall be as follows:

(1) REQUEST FOR REFERENDUM. The boards concerned shall adopt resolutions asking for a referendum on the proposed consolidation; whereupon the chairman of each board shall certify to the judge of probate a copy of the agreement and of the resolution adopted by his board.

(2) ORDER OF ELECTION. Upon receipt by the judge of probate of certified copies of the agreement and resolutions, adopted as provided herein, he shall forthwith present them to the county commission, which shall order elections to be held simultaneously in the territories concerned and at the time requested by said boards, to determine whether or not the school system of the county and the school system or systems of the city or cities shall be administered by the county board of education.

(3) NOTICE OF ELECTION. At least 30 days before the elections are held, the sheriff shall give notice of the time and the purpose of the elections by publication in some newspaper in the county, if any is published therein and, if not, by writing posted at the courthouse and at three other public places in each school system concerned.

(4) APPOINTMENT, COMPENSATION AND DUTIES OF ELECTION OFFICERS. The officers of the elections shall be appointed, the elections shall be held and the results shall be declared as in regular elections for county or city officers; provided, that the elections may be held at the time of any regular election and, in that event, the officers of the general election shall serve without extra compensation. If the elections are held at a time other than that fixed for a regular election, the officers shall receive the same pay for a general election.

(5) BALLOTS FOR ELECTION. The ballots shall have printed at the top a statement of the purpose of the elections and directly underneath, in plain type and on different lines, the words, “For Consolidation,” “Against Consolidation.” The voter favoring the proposed consolidation will make a cross mark directly to the left of the words “For Consolidation,” and the voter not in favor of the proposed consolidation will make a cross mark directly to the left of the words “Against Consolidation.”

(6) WHO MAY VOTE; RESULT OF ELECTION. All qualified electors residing in the territories concerned shall have the right to vote and, if a majority of the qualified electors voting in the combined territories concerned shall vote in favor of the consolidation, the city board or boards of education shall stand abolished and thereafter the schools of the county and the schools of the city or cities involved shall be administered by the county board of education.

(b) The consolidation shall not operate to relieve any board of education, or other governing body, of liability for obligations previously incurred, or to impair rights existing prior to the consolidation. On the contrary, the agreement as to indebtedness shall be binding on both the county board of education and the board or boards of education of the city or cities whose school systems are consolidated; provided, that in the event of a consolidation, the county board of education shall have the right to compel the execution of contractual obligations made to either of the boards prior to consolidation.

(School Code 1927, §§108-113; Acts 1935, No. 507, p. 1090, §2; Code 1940, T. 52, §82.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 16-8-26.1 Personal Leave for Support Personnel; Funding

[Repealed]

Repealed by Acts 1997, No. 97-444, p. 751, §2, effective August 1, 1997.

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 16-8-33 Custodian of County School Funds

[Repealed]

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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 16-8-42.1 Authority for Risk Management Cooperative

(a) Definitions. For the purpose of this section, the following terms shall have the meanings subscribed to them by this section:

(1) RISK MANAGEMENT COOPERATIVE. An entity or entities, to be formed by local boards of education in any combination of 25 or more for the purpose of pooling resources and funds to jointly purchase insurance or to self-insure such boards of education, their members and employees, against risks to which they are exposed.

(2) MEMBER BOARDS OF EDUCATION. A city board of education, county board of education, Department of Youth Services School District, Alabama Institute for Deaf and Blind, State Board of Education or other public education governing board which elects to pool its resources and funds with one or more other boards of education for the purpose of forming a risk management cooperative.

(b) Boards of education in any combination of 25 or more may establish a risk management cooperative for the purpose of pooling resources and funds to provide risk management alternatives for each member board of education and other named insureds. Member boards of education may appropriate such funds as necessary to the risk management cooperative created hereunder.

(c) Each risk management cooperative established under provisions of this section shall have the power and authority to establish a governing body of trustees; establish bylaws for the governing of such group; enter into contracts with member boards of education; establish a schedule of benefits payable; establish a schedule of charges to be collected from member boards of education for benefits provided; enter into contracts with solvent insurers to provide excess coverage; enter into management and consultant contracts; hire attorneys and employees; and, exercise such powers and authority incident to the purposes of this section.

(d) Each risk management cooperative established under the provisions of this section shall file with the State Insurance Commissioner a copy of its bylaws and schedule of benefits and charges. Each risk management cooperative shall also annually file with the State Insurance Commissioner a certified financial audit.

(e) Any insurance and/or excess insurance purchased by each risk management cooperative established under the provisions of this section shall only be procured from sources meeting the requirements of the Department of Insurance of Alabama and/or federal Risk Retention Amendments of 1986. Copies of insurance contracts, if any, purchased by each risk management cooperative will be filed annually with the State Insurance Commissioner.

(f) Each risk management cooperative established under the provisions of this section shall specifically be exempt from the payment of any insurance premium tax levied by the Insurance Department on premiums or charges collected.

(g) This section is not intended and shall not be construed to subject any board of education to liability for tort claims where liability therefor does not already exist by law.

(h) No risk management cooperative nor the trustees, employees or agents thereof, shall be subject to suit by any third party on account of claim against a member board of education. It shall incur no liability to any party other than that authorized and contracted for under provisions of this section. Provided, however, that this section shall not prohibit an action for fraud brought directly against said risk management cooperative or its agents.

(i) No risk management cooperative established under the provisions of this section shall provide coverage or benefits as authorized under the Public Education Employees’ Health Insurance Plan or the State Insurance Fund.

(Acts 1987, No. 87-802, p. 1575, §§ 1-9.)

§ 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.)

Chapter 9 County Superintendents of Education

§ 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.)

§ 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.)

§ 16-9-3 Bond of Superintendent

[Repealed]

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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 16-9-12 Full-Time Office; Salary; Expenses

(a) The county superintendent 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.

(b) Commencing on July 1, 2021, in counties where superintendents of education are elected by a direct vote of the qualified electors, the salary for the office is not required to be fixed before 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; Act 2023-410, §1.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 16-9-24 Supervisors; Clerical Assistants; Offices; Equipment

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

(School Code 1927, §169; Code 1940, T. 52, §130; Act 2016-347, §1.)

§ 16-9-25 Institutes Organized by Superintendents

The county superintendent of education shall organize and attend county and local institutes for teachers and citizens and shall advise teachers as to their further study in professional reading and assist parents and citizens to acquire knowledge of the aims and work of the school.

(School Code 1927, §162; Code 1940, T. 52, §124.)

§ 16-9-26 Visitation of Schools

The county superintendent of education shall visit the schools, observe the management and instruction and give suggestions for the improvement of the same. He shall advise with principals, teachers, school trustees and other interested citizens, and shall endeavor in every way to promote public interest and improve the school conditions of the county.

(School Code 1927, §163; Code 1940, T. 52, §125.)

§ 16-9-27 Report Forms

The county superintendent of education, subject to the provisions of this title, shall prepare 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 by the county board of education and shall submit the same for approval and adoption by the county board of education.

(School Code 1927, §164; Code 1940, T. 52, §126.)

§ 16-9-28 Annual Statement of Receipts and Disbursements

It shall be the duty of the county superintendent of education to prepare, in accordance with the direction of the county board of education, the annual statement of receipts and disbursements which is required to be published in a newspaper and such other reports as the county board of education may require to be published for distribution among the citizens of the county. The refusal or negligent failure of the county superintendent of education to comply with the provisions of this section shall constitute a misdemeanor.

(School Code 1927, §165; Code 1940, T. 52, §127; Acts 1943, No. 313, p. 300.)

§ 16-9-29 Quadrennial School Census

The county superintendent of education, subject to the provisions of this title, shall direct the taking of the county quadrennial school census. He shall cause the census to be retaken in whole or in part when directed to do so by the State Superintendent of Education. The county superintendent shall require the enumerators to make their report to him not later than August 15 following the date of taking the census. On or before September 1 following, the county superintendent of education shall make his consolidated report to the State Superintendent of Education. This consolidated report shall include the census data reported to him by the superintendents of schools of cities having a city board of education.

(School Code 1927, §167; Code 1940, T. 52, §128; Acts 1949, No. 249, p. 372, §1.)

§ 16-9-30 Enforcement of Attendance Laws; Preparation of Reports

The county superintendent of education shall see to it that the laws requiring school attendance are enforced. The county superintendent of education shall prepare, or cause to be prepared, and submit to the county board of education for adoption all reports required of the county board of education by the State Superintendent of Education, and he shall prepare, or cause to be prepared, and submit to the county board of education the annual report as required under this title.

(School Code 1927, §168; Code 1940, T. 52, §129.)

§ 16-9-31 Report on Schools to State Superintendent; Examination of Books, Accounts, Etc., by State Superintendent

The county superintendent of education shall, on or before the first day of November of each year, forward to the State Superintendent of Education on blanks to be furnished him by the latter an annual report of the public schools of his county for the preceding year. In the event any county superintendent shall fail to make and forward to the State Superintendent of Education any report required under this chapter within 10 days after the time it should be made, he shall be liable to impeachment, and the resolution of the State Board of Education duly adopted setting forth such failure shall be prima facie evidence of such fact. The books, accounts and vouchers of the county superintendent of education may be examined at any time by the State Superintendent of Education in person or by his duly authorized agent.

(School Code 1927, §170; Code 1940, T. 52, §131.)

§ 16-9-32 Payrolls - Preparation

(a) The county superintendent of education shall, at such times and in such manner as directed by the county board of education and approved by the State Superintendent of Education, prepare his payroll or payrolls for the payment of teachers, employees, bills and other items authorized by the county board of education. The State Board of Education shall have the power to promulgate rules and regulations governing the time, manner and method of preparing such payrolls, and such rules and regulations shall be binding on all to whom they are made applicable.

(b) The county superintendent of education, unless otherwise directed under the authority of subsection (a) of this section, at the end of each scholastic month following the date fixed for the opening of the schools in the county shall prepare a payroll covering all teachers and employees payable by the scholastic month; and at the end of the calendar month shall prepare a payroll covering all teachers, employees, bills and items authorized by the county board of education payable by the calendar month.

(School Code 1927, §§171, 172; Code 1940, T. 52, §§132, 133.)

§ 16-9-33 Payrolls - Approval

No money shall be paid on any payroll unless the county superintendent of education certifies thereto in writing that the same in every respect is correct and that the amounts contained thereon are due the parties as shown thereby and that the same should be paid and unless the chairman of the county board of education endorses on said payroll an order that the same be paid.

(School Code 1927, §177; Code 1940, T. 52, §134.)

Chapter 10 Boards of School Trustees

§ 16-10-1 Qualification and Selection of Trustees

The county board of education may appoint for every school in the county, from a list of six discreet, competent and reliable persons of mature years nominated by the patrons of the said schools, which list shall be kept on file by the board, three persons residing near the schoolhouse and having the respect and confidence of the community to serve for a term of four years as trustees of the school, to care for the property, to look after the general interest of the school and to make to the county board of education, through the county superintendent of education, from time to time, report of the progress and needs of the school and of the will of the people in regard to the school. The board of education, should it decide to appoint school trustees, shall fill all vacancies occurring in the office of trustee for the unexpired term from the list of nominees on file until the names on such list are exhausted. The term “patrons” as used herein shall be construed to mean the parents and guardians of children in attendance at the school.

(School Code 1927, §133; Acts 1935, No. 507, p. 1090, §3; Code 1940, T. 52, §100; Acts 1951, No. 310, p. 605, §1; Acts 1987, No. 87-614, §1; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §1.)

§ 16-10-2 Meetings; Chairman

The board of school trustees shall hold an annual meeting each year on the first Saturday in May, or as soon thereafter as practicable. At this meeting the board shall appoint one of its members as chairman and shall give notice of such appointment to the county board of education. Other regular meetings shall be held at least twice during the scholastic year, and such special meetings shall be held as the duties and business of the board shall require.

(School Code 1927, §178; Code 1940, T. 52, §138.)

§ 16-10-3 Secretary of Board

The principal teacher of the school shall be the secretary of the board of school trustees and shall attend all meetings of the board except when the board is in executive session. The principal teacher shall, with the consent of the majority of the members of the board, have the right to speak upon all questions, but shall have no right to vote, shall prepare for adoption all reports required by the county board of education, shall keep all records of accounts of incidental funds, shall keep the minutes of the meetings of the board in the record book provided by the county board of education and shall conduct the correspondence of the board of school trustees.

(School Code 1927, §179; Code 1940, T. 52, §139.)

§ 16-10-4 Teacher May Be Refused by Trustees

In the event a teacher, not already employed in a school, is assigned to such school, the county superintendent of education shall give to the trustees of said school notice in writing of such assignment, and the trustees of said school, within 10 days from the date of the receipt of the superintendent’s notice of assignment, may by unanimous consent refuse to accept the assignment of such teacher to their school upon written notification to the county superintendent of education setting out the reason for such refusal; and it is hereby made the duty of the county superintendent of education to assign another teacher to such school.

(School Code 1927, §180; Code 1940, T. 52, §140.)

§ 16-10-5 Dismissal of Pupils

No teacher shall dismiss pupils during school hours or close the school during school hours, except in an emergency, without the consent of the board of school trustees or the county superintendent of education.

(School Code 1927, §181; Code 1940, T. 52, §141.)

§ 16-10-6 Incidental Fees in Elementary Schools

No fees of any kind shall be collected from children attending any of the first six grades during the school term supported by public taxation; provided, that any county or city board of education shall be authorized to permit any school subject to its supervision to solicit and receive from such children or their parents or guardians voluntary contributions to be used for school purposes by the school where such children are attending; provided further, that the provisions of this section shall in no way affect or restrict the right or power of a school board to fix and collect tuition fees or charges from pupils attending schools under the jurisdiction of such board but who live outside the territory over which such board has jurisdiction.

(School Code 1927, §182; Acts 1935, No. 507, p. 1090, §4; Code 1940, T. 52, §142; Acts 1969, No. 745, p. 1323, §1.)

§ 16-10-7 School Visited by Trustees

The board of trustees shall visit the schools under its jurisdiction at least once each month and consult with the teachers and principals of the schools as to the progress of the pupils, conditions and cleanliness of the school and the grounds belonging to same and give such aid as in its power for the advancement of said schools.

(School Code 1927, §183; Code 1940, T. 52, §143.)

§ 16-10-8 School Building Controlled by Trustees

The board of school trustees shall have the care of the building and grounds, the school apparatus and other school property, and shall keep the county board of education advised about matters affecting the educational interest of said school. It shall attend to all incidental repairs and pay for same out of the incidental funds collected in accordance with this chapter; provided, that when repairs are to be paid for out of other than incidental funds, the amount to be expended shall be approved by the county superintendent of education and authorized by the county board of education before the repairs are made.

(School Code 1927, §184; Code 1940, T. 52, §144.)

§ 16-10-9 Charges Against Teacher May Be Filed by Trustees

The board of school trustees shall seek in every way to develop sentiment in the support of the schools, and in case of dissatisfaction they may file with the county board of education written charges requesting the removal of the principal or any other teacher in said school.

(School Code 1927, §185; Code 1940, T. 52, §145.)

§ 16-10-10 Sanitary Conditions Maintained by Trustees

The board of school trustees shall see that the rest rooms connected with the school are kept clean, comfortable and in a sanitary and hygienic condition.

(School Code 1927, §186; Code 1940, T. 52, §146.)

§ 16-10-11 Use of Schoolhouse for Civic Purposes

The board of school trustees shall have the power to authorize the use of the schoolhouse for such civic, social, recreational and community gatherings as in its opinion do not interfere with the principal use of the said school building or property. It shall be the duty of the person or persons making application for the use of the schoolhouse for a public meeting place to see that the said schoolhouse after said meeting is in as clean a condition as it was before said meeting, and in case of failure upon the part of said person or persons to whom permission has been granted to hold the meetings to place said school after said meeting in as clean a condition as it was when said schoolhouse was turned over to said person or persons for said meeting, or the failure of the person or persons to respond in damages to any injury to the property, the ordinary wear and tear excepted, the board of school trustees shall refuse all further applications for the use of such schoolhouse by the same parties.

(School Code 1927, §187; Code 1940, T. 52, §147.)

Chapter 11 City Boards of Education

§ 16-11-1 “City” Defined

A “city” within the meaning of this title shall include all incorporated municipalities of 5,000 or more inhabitants, according to the last or any succeeding federal census, or according to the last or any succeeding census taken under the provisions of Sections 11-47-90 through 11-47-95.

(Acts 1971, No. 2320, p. 3743, §1.)

§ 16-11-2 Applicability; Composition of Boards

(a) The provisions of this chapter shall apply to city boards of education unless otherwise provided by local law pursuant to Amendment 659 to the Constitution of Alabama of 1901, or any other provision of the Constitution of Alabama of 1901.

(b) The general administration and supervision of the public schools and educational interest of each city shall be vested in a city board of education, to be composed of five members who shall be residents of the city, and who shall not be members of the city council or commission. In any Class 4 municipality which has adopted a mayor-council form of government pursuant to Chapter 43B (commencing with Section 11-43B-1) of Title 11, the city board of education may be composed of seven members.

(c) No person shall be eligible for election or appointment as a member of a city board of education unless he or she satisfies all of the following qualifications:

(1) Is a person of good moral character.

(2) Has obtained a high school diploma or its equivalent.

(3) Is not employed by that city board of education.

(4) Is not serving on the governing board of a private elementary or secondary educational institution.

(5) Is not on the National Sex Offender Registry or the state sex offender registry.

(6) Has not been convicted of a felony.

(d) In those cities where the members of the city board of education are elected or appointed to represent a district, whenever a member of a city board of education moves his or her domicile from the district he or she represents, he or she shall cease to be a member of the city board of education, and a vacancy shall occur. The member shall provide notice of the move to the secretary of the city board of education before the beginning of business at the first meeting of the city board of education following the move.

(e) Any city or town which has had the general administration and supervision of the public schools and educational interests of the city or town vested in a city board of education for a period of 20 years or more prior to August 15, 1951, may, except as may be provided by law, continue to have general administration and supervision of the public schools and educational interest under a local board of education regardless of any past or future federal census.

(School Code 1927, §191; Code 1940, T. 52, §151; Acts 1943, No. 206, p. 184, §1; Acts 1951, No. 418, p. 742, §1; Acts 1957, No. 160, p. 209, §1; Acts 1961, No. 1022, p. 1601, §1; Acts 1964, 1st Ex. Sess., No. 250, p. 347, §1; Acts 1977, No. 771, p. 1328, §1; Acts 1994, No. 94-133, p. 172, §2; Acts 1996, No. 96-643, p. 1024, §1; Act 2000-757, p. 1724, §1; Act 2012-221, p. 399, §2.)

§ 16-11-3 Election; Terms of Office; Vacancies

Annually at the regular meetings of the city council or commission in April the council or commission shall elect a member or members of the board of education to succeed those whose term or terms of office expire that year. Members of the city board of education shall assume office at the next regular meeting of the city board of education in June following their appointment. The terms of office of members of the city board of education shall be five years, and the term of one member shall expire annually. A member shall serve on the board until his or her successor assumes office. In the event of a vacancy in the membership of the city board of education by resignation or otherwise, the fact shall be reported to the city council or commission by the board, and the council or commission shall elect a person to fill the vacancy for the unexpired term.

(School Code 1927, §192; Code 1940, T. 52, §152; Acts 1993, 1st Ex. Sess., No. 93-912, p. 211, §1; Act 98-627, p. 1378, §1.)

§ 16-11-3.1 Board Selection Procedure in Class 5 Municipalities

The governing body of any Class 5 municipality may, by resolution, provide for the appointment of the city board of education members from districts corresponding to the city governing body districts and the appointment of one member from the city at-large by the mayor, only upon the expiration of each city board of education member’s current term.

(Acts 1993, No. 93-570, p. 949, §1; Acts 1997, No. 97-404, p. 661, §1.)

§ 16-11-3.2 Election and Operation of Boards in Class 4 Municipalities

Notwithstanding any other provision of law, the Legislature may, by local act, provide for the election of the board of education in any Class 4 municipality by the qualified electors of the municipality and may further provide for the operation of the board. The change to an elected board of education shall require the approval of a majority of the qualified electors of the municipality who vote at a referendum election prior to the change becoming effective.

(Acts 1997, No. 97-679, p. 1329, §1.)

§ 16-11-4 Office of Board

The office of the city board of education shall be in the principal school building of the respective city, unless otherwise adequately provided for. The city board of education shall provide the city superintendent of schools, his professional and clerical assistants with ample, convenient and comfortable office quarters and with adequate clerical supplies and equipment.

(School Code 1927, §193; Code 1940, T. 52, §153.)

§ 16-11-5 Meetings; Officers; Rules of Procedure; Majority Vote

The city board of education shall hold its annual meeting each year at its first regular meeting in May following the election of said board or any member thereof. At this meeting the board shall elect each year one of its members to serve as president and one to serve as vice-president. The rules generally adopted by deliberative bodies for their government shall be observed by city boards of education. No motion or resolution shall be declared adopted without the concurrence of the majority of the whole board. The board shall hold such other meetings as may be provided for in its bylaws.

(School Code 1927, §194; Code 1940, T. 52, §154.)

§ 16-11-6 Designation and Duties of Treasurer

[Repealed]

Repealed by Act 2006-196, p. 275, §5, effective June 1, 2006.

(School Code 1927, §196; Acts 1935, No. 159, p. 202; Code 1940, T. 52, §156.)

§ 16-11-7 Bonds of City Superintendent and Treasurer

[Repealed]

Repealed by Act 2006-196, p. 275, §5, effective June 1, 2006.

(School Code 1927, §197; Acts 1933, Ex. Sess., No. 19, p. 14, §1; Acts 1935, No. 150, p. 192, §1; Code 1940, T. 52, §157.)

§ 16-11-8 Indebtedness Where County Unit System Adopted

Whenever the control and administration of education matters affecting a municipality having a city board of education is transferred to or for any reason becomes vested in the county board of education, the existing indebtedness created prior to such transfer and the rights to collect the same shall in nowise be impaired.

(School Code 1927, §190; Code 1940, T. 52, §150.)

§ 16-11-9 Powers Generally

The city board of education is hereby vested with all the powers necessary or proper for the administration and management of the free public schools within such city and adjacent territory to the city which has been annexed as a part of the school district which includes a city having a city board of education.

(School Code 1927, §198; Code 1940, T. 52, §158.)

§ 16-11-9.1 Authority to Enter into Cooperative Agreements, Programs, Etc

In addition to all authority previously granted by statute, city boards of education may enter into cooperative agreements, projects and programs with the city council or commission, and may take such other actions as they deem necessary and appropriate for the proper management of the public schools; provided, however, that such agreements, projects, and programs shall not be in conflict with nor inconsistent with any law or policy of the State Board of Education and shall not conflict with the purposes for which the school system is established. Provided, further, that such authority shall not be used to deny any employee any legal or constitutional rights to which he or she is entitled, nor shall such authority be used in such a way that employees are denied any benefits established and required by law, nor shall such authority be construed as authorizing city boards of education to levy any taxes not otherwise authorized by law.

(Acts 1987, No. 87-602, p. 1046, §1.)

§ 16-11-10 Quadrennial Census for City

The city board of education, subject to the provisions of this title, shall cause to be taken under the direction of the city superintendent of schools a quadrennial school census of the school children in the city between the ages of six and 19 years. The school census shall be taken in July of 1946, and every four years thereafter, and the superintendent of schools, upon the direction at any time of the State Superintendent of Education, shall cause the whole or any part of the school census in the city to be retaken. The city superintendent of schools shall employ, with the approval of the city board of education, a sufficient number of enumerators to take the census during the month of July, or at such other time as the State Superintendent of Education shall cause the whole or any part of the school census in said city to be retaken. The city board of education, upon the recommendation of the city superintendent of schools, shall fix the compensation of the enumerators employed in taking any school census and shall order the same paid out of the city treasury. The report of the enumerators shall be made under oath to the city superintendent of schools not later than the fifth day of August next succeeding the time of the taking of such census, and the data gathered shall be in turn transmitted by the city superintendent of schools to the county superintendent of education not later than the fifteenth day of August thereafter.

(School Code 1927, §199; Code 1940, T. 52, §159; Acts 1943, No. 313, p. 300.)

§ 16-11-11 School Property Vested in Board

All property real, personal and mixed now held or hereafter acquired for school purposes shall be held in trust by the city board of education for the use of the public schools of the city.

(School Code 1927, §200; Code 1940, T. 52, §160.)

§ 16-11-12 Acquisition, Maintenance, Etc., of Property - Generally

The city board of education shall have the full and exclusive rights within the revenue appropriated for such purposes, or accruing to the use of the public schools, to purchase real estate, furniture, appropriated libraries, fuel and supplies for the use of the schools, and to sell the same, and to make expenditures for the maintenance and repairs of the school grounds, buildings and other property, to establish and build new schools, to superintend the erection thereof, to purchase sites therefor, to make additions, alterations and repairs to the building and other property erected for school uses, and to make necessary and proper notes, contracts and agreements in relation to such matters. All such contracts shall inure to the benefit of the public schools, and any action brought upon them and for the recovery and protection of money and property belonging to and used by the public schools, or for damages, shall be brought by and in the name of the city.

(School Code 1927, §201; Code 1940, T. 52, §161.)

§ 16-11-13 Acquisition, Maintenance, Etc., of Property - Condemnation

When lands or any interest therein shall be deemed necessary by the board of education for the site of a schoolhouse, for enlarging a schoolhouse lot or for playgrounds or other public school purposes, and the board of education for any reason shall be unable to contract with the owner or owners for the title thereof, the said board of education may institute condemnation proceedings to acquire such lands or the interest therein. Said condemnation proceedings shall be in all respects conducted and regulated as provided by Chapter 1 of Title 18.

(School Code 1927, §208; Acts 1931, No. 130, p. 192, § 1; Code 1940, T. 52, §168.)

§ 16-11-14 School Buses - Purchase

Whenever, in the opinion of a city board of education, it is necessary in the proper conduct of educational activities to operate a school bus or buses, such board is hereby authorized to purchase such bus or buses.

(Acts 1953, No. 885, p. 1191, §1.)

§ 16-11-15 School Buses - Operation; School Board Members Not Personally Liable

If such bus or buses are purchased, said city board of education is hereby authorized to expend funds for the operation and maintenance of such bus or buses and to provide for the necessary personnel to operate and maintain the same. The members of such board of education shall not be personally liable in damages for injury to riders or third persons or property resulting from the operation of such bus or buses.

(Acts 1953, No. 885, p. 1191, §2.)

§ 16-11-16 Kindergartens and Playgrounds; Eligibility for Admission to Public Schools

(a) The city board of education shall have power to establish and maintain a system of public schools including kindergartens and playgrounds for the benefit of children who are bona fide residents of and living within the corporate limits of such city.

(b) Such children who are six years of age and less than 19 years of age on the date school opens shall be entitled to admission to the elementary, junior and senior high schools.

(c) If a kindergarten is established and maintained, children from five to eight years of age may be admitted on such terms and conditions as the city board of education may prescribe.

(School Code 1927, §202; Code 1940, T. 52, §162.)

§ 16-11-17 Establishment of Salaries; Dismissal of Employees

The city board of education shall fix the salaries of all employees and may suspend or dismiss any principal or teacher or supervisor or attendance officer or other regular employee so appointed on the written recommendation of the city superintendent of schools for immorality, misconduct in office, incompetency, willful neglect of duty or when, in the opinion of the board, the best interests of the schools may require, subject to the provisions of Chapter 24 of this title.

(School Code 1927, §205; Code 1940, T. 52, §165.)

§ 16-11-19 Bond Issues

If for any reason the current income of the city board of education is inadequate to provide ample, appropriate and suitable grounds, buildings and equipment for all the needed schools of the city, the city board of education, on the recommendation of the city superintendent of schools, shall petition the city council or commission to call an election for the issuance of bonds on the credit of the city in an amount sufficient to provide ample, appropriate and suitable grounds, buildings and equipment for all the needed schools of the city, subject to the limitations set out in the constitution of the state, and the city council or commission shall call the election at the time requested in said petition.

(School Code 1927, §209; Code 1940, T. 52, §169.)

§ 16-11-20 Grading and Standardization of City Schools; Courses of Study

The city board of education, subject to the provisions of this title, shall grade and standardize all the schools under its jurisdiction, and shall also prescribe courses of study. Printed copies of the courses of study shall be supplied to every teacher and to every interested citizen in said city.

(School Code 1927, §210; Code 1940, T. 52, §170.)

§ 16-11-21 Forms for Reports

The city board of education, subject to the provisions of this title, shall prescribe, on the recommendation of the city superintendent of schools, forms and blanks on which the superintendent, teachers, supervisors, attendance officers, janitors and other employees shall make such reports as may be required from them.

(School Code 1927, §211; Code 1940, T. 52, §171.)

§ 16-11-22 Reports of City Board to State Board of Education; Audit of Accounts

The city board of education shall make all reports required by the State Board of Education at such time, and upon such items and in such form, and on such blanks as may be prescribed by the State Board of Education. The business and financial transactions of the city board of education and the records and accounts of its treasurer shall be kept in a manner approved by the State Superintendent of Education and shall be audited as early as possible after July first of each year, and may be published.

(School Code 1927, §214; Code 1940, T. 52, §172.)

§ 16-11-23 Libraries and Special Schools Established and Maintained

The city board of education shall have the right to establish and maintain, or aid in establishing and maintaining, public libraries, either separately or in connection with the public schools, and also special schools for backward, defective, truant or incorrigible children, day or night schools for adult illiterates and for the Americanization of foreigners and part-time continuation classes.

(School Code 1927, §215; Code 1940, T. 52, §173.)

§ 16-11-24 Annual Report Published

The city board of education shall publish annually in the month of October in a newspaper published in said city, if there is a newspaper published in said city, a full and complete statement of the receipts by source and disbursements by function of the city 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 city board of education shall also publish annually in a newspaper published in said city, if there is a newspaper published in said city, in the month of October, a statement of the outstanding indebtedness of the board of education on last 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 city 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 city 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, §216; Code 1940, T. 52, §174; Acts 1943, No. 313, p. 300; Acts 1953, No. 129, p. 177, §1.)

§ 16-11-25 Allocation of Revenue from Licenses and Taxes

Where by any provisions of law any certain or definite percentage of the revenue of any city or town from licenses or taxes, either or both, is required to be used for the maintenance of its public schools, then such provisions shall be unaffected by this title and shall be and remain in full force and effect.

(School Code 1927, §217; Acts 1932, Ex. Sess., No. 144, p. 166; Code 1940, T. 52, §175.)

§ 16-11-26 Incidental Fees in City Elementary Schools

No fees of any kind shall be collected from children attending any of the first six grades of the city schools during the school term supported by public taxation.

(School Code 1927, §218; Acts 1935, No. 507, p. 1090, §5; Code 1940, T. 52, §176.)

§ 16-11-27 Boards of Education of Certain Cities May Insure School Buildings, Property, Etc., in Fund

Any city board of education of a city whose population does not exceed 60,000 according to the most recent federal census may insure against loss by fire or tornado all school buildings and property, equipment, furniture or supplies belonging to such buildings or stored therein which are used or held in trust by such board for school purposes in the State Insurance Fund under the same terms and upon the same conditions as properties of county school systems are insured.

(Acts 1947, No. 672, p. 514, § 1.)

§ 16-11-28

(a) Whenever two or more contiguous city boards of education deem it advisable to consolidate the administration of their respective city school systems under one remaining controlling multi-city board of education, each city board of education shall adopt and record within the minutes of each board an agreement providing for the consolidation. A formal resolution adopted by all members of the agreeing boards shall detail and provide for the payment of their respective indebtedness, specify how the consolidation will take place, identify how the remaining controlling multi-city board of education will operate, provide for the roles and duties of the resulting multi-city board members, and designate the time frame during which the consolidation will be implemented. Subject to subsection (b), the consolidation shall be finalized as designated in the formal resolution.

(b)(1) If, within 30 days after the adoption of the formal resolution, 25 percent of the qualified electors residing within the boundaries of any of the school systems proposing consolidation submit a protest, in writing, to any of the affected city boards of education, the consolidation may not occur unless the consolidation is approved by a majority of the qualified electors residing in the combined territory wherein all affected city school systems are located who vote in a referendum election as provided in this subsection.

(2) The referendum election shall be held on the date of the next regularly scheduled general election. The order setting the election shall be entered by the judge of probate of each county in which an affected city school system is located within one month after the expiration of the 30-day time period provided in subdivision (1).

(3) At least 30 days before the referendum elections are scheduled to be held, the sheriff of each county in which an affected city school system is located shall give notice of the election.

(4) The elections shall be held and the results shall be canvassed in the same manner as regular elections for city officers.

(5) The ballots shall have printed at the top a statement of the purpose of the referendum elections and directly underneath, in plain type and on different lines, the words, “For Consolidation” and “Against Consolidation”.

(6) If a majority of the qualified electors voting in the combined territory of the affected city school systems vote to approve the consolidation, the consolidation shall be finalized as designated in the formal resolution.

(c) The consolidation shall not operate to relieve any board of education or other governing body of liability for obligations previously incurred or to impair rights existing prior to the consolidation. The agreement and formal resolution shall be binding on all parties. If a consolidation occurs, the multi-city board of education shall have the right to compel the execution of contractual obligations made to any of the boards before the consolidation.

(d) The State Board of Education shall adopt rules as necessary to provide for the implementation of this section.

(Act 2026-554, §1.)

Chapter 12 City Superintendents of Schools

§ 16-12-1 Appointment, Compensation, and Removal; Vacancies

(a) The city board of education shall appoint a city superintendent of schools to hold office at the pleasure of the board. The city superintendent of schools shall receive such compensation as the city board of education shall direct. The city board of education may remove the city superintendent of schools for incompetency, immorality, misconduct in office, willful neglect of duty, or when, in the opinion of the board, the best interests of the schools require such action.

(b) Within 90 days after the occurrence of a vacancy, the city board of education shall announce, in a regularly or specially called meeting, a proposed process and time-line for posting and selecting a superintendent. Notice of a vacancy in the position of an appointed city superintendent of education shall be posted by the city 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.

(c) The board may adopt or continue policies which are not inconsistent with this section. Whenever a vacancy occurs in the position of an appointed city superintendent of education, the city 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 city superintendent of education. The city 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.

(d) A vacancy in the position of city superintendent shall be filled by the board within 180 days after such a vacancy occurs.

In the event such vacancy is not filled by the city 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.

(e) Substantive, willful violation of the notice requirements of this section shall void any related employment action taken by the board.

(School Code 1927, §219; Code 1940, T. 52, §177; Act 2010-210, p. 332, §2; Act 2011-573, p. 1216, §1.)

§ 16-12-2 Qualifications

The superintendent of city schools shall be chosen for his general fitness and character, but shall not be eligible for appointment unless he shall offer proof to the board that he holds a degree from a recognized four-year college or university and is knowledgeable in school administration. Such person need not be a resident or qualified elector of the city or county in which he offers to serve.

(Acts 1969, Ex. Sess., No. 39, p. 96, §1.)

§ 16-12-3 Duties Generally

(a) The city superintendent of schools shall be the chief executive officer of the city board of education and shall see that the laws relating to the schools and the rules and regulations of the city board of education are carried into effect.

(b) The city superintendent of schools shall explain the true intent and meaning of the school laws, and of the rules and regulations of the city board of education and of the State Board of Education, subject to the provisions of this title.

(c) The superintendent shall decide, without expense to the parties concerned, all controversies and disputes involving the rules and regulations of the city board of education and the proper administration of the public schools.

(d) The superintendent shall have authority to administer oaths and to examine under oath witnesses in any matter pertaining to the public schools of the city and to cause the examinations to be reduced to writing.

(e) The city board of education shall appoint as its executive officer a superintendent of schools, who may also be secretary of the board of education.

(f) The superintendent of schools shall conduct all correspondence of the board, keep and preserve all of its records, receive all reports required by the board and see that such reports are in proper form, complete and accurate. He shall attend all meetings of the board and of its committee and shall have the right to advise on any motion under consideration, but shall have no vote. In case the secretary is absent, the board shall appoint some member of the board or a teacher in the schools under the jurisdiction of said board to act for the time being.

(School Code 1927, §§195, 221; Code 1940, T. 52, §§155, 179.)

§ 16-12-4 Establishment and Maintenance of Schools

The city superintendent of schools shall recommend for approval and adoption by the city board of education the kind, grade and location of schools to be established and maintained.

(School Code 1927, §222; Code 1940, T. 52, §180.)

§ 16-12-5 Recommendations of Educational Policy and Rules and Regulations

The city superintendent of schools, subject to the provisions of this title, shall recommend for approval and adoption by the city board of education policies adapted to promote the educational interests of the city, and rules and regulations for the conduct of the schools.

(School Code 1927, §223; Code 1940, T. 52, §181.)

§ 16-12-6 Building Program for City Schools

The city superintendent of schools, subject to the regulations from time to time of the city board of education and in accordance with the provisions of this title, shall outline a building program adequate to meet the needs of the schools in the city and shall submit the same for approval and adoption by the city board of education.

(School Code 1927, §225; Code 1940, T. 52, §183.)

§ 16-12-7 School Buildings and Grounds; Approval of Contracts Generally

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

(b) The city superintendent shall approve in writing all contracts of whatever kind entered into by the city board of education.

(School Code 1927, §226; Code 1940, T. 52, §184.)

§ 16-12-8 Grading and Standardizing City Schools

The city superintendent of schools, subject to the provisions of this title, shall prepare rules and regulations for grading and standardizing the public schools and shall recommend the same for approval by the city board of education.

(School Code 1927, §227; Code 1940, T. 52, §185.)

§ 16-12-9 Courses of Study for City Schools

The city superintendent of schools, subject to the provisions of this title, shall prepare courses of study for the schools of the city and shall submit the same for approval and adoption by the city board of education. Printed copies of the courses of study shall be supplied every teacher and every interested citizen of the city or town.

(School Code 1927, §228; Code 1940, T. 52, §186.)

§ 16-12-10 Institutes Organized by City Superintendent

The city superintendent of schools, subject to the provisions of this title, shall organize institutes for teachers and for citizens. He shall advise teachers as to further study and professional reading and assist parents and teachers in acquiring knowledge of the aims and work of the schools.

(School Code 1927, §230; Code 1940, T. 52, §188.)

§ 16-12-11 Visitation of City Schools by Superintendent

The city superintendent of schools shall visit the schools, observe the management and instruction and give suggestions for the improvement of the same. He shall advise with principals and teachers and shall endeavor in every way to promote public interest and improve educational conditions.

(School Code 1927, §231; Code 1940, T. 52, §189.)

§ 16-12-12 Forms for Reports of Employees of City Board

The city superintendent of schools, with the approval of the State Superintendent of Education, shall prepare forms and blanks upon which principals, teachers, supervisors, attendance officers, janitors and other regular employees shall make such reports as shall be required and shall submit the same for approval to the city board of education.

(School Code 1927, §232; Code 1940, T. 52, §190.)

§ 16-12-13 Quadrennial Census for City Schools

The city superintendent of schools shall direct the taking of the quadrennial census provided for in this title. He shall cause the census to be retaken in whole or in part when directed to do so by the State Superintendent of Education. The city superintendent of schools shall require the enumerators to make their report to him not later than August 5, following the date of taking the census; and, on or before August 15 following, the city superintendent of schools shall make his report of such census to the county superintendent of education. Where the census of a city is retaken in whole or in part by direction of the State Superintendent of Education, the enumerators shall make their report to the city superintendent of schools within such time as directed by the State Superintendent of Education, and the city superintendent of schools shall make a report to the county superintendent of education within 24 hours from the time of the report to him by the enumerators. He shall retain a duplicate of the same for the files in his own office.

(School Code 1927, §235; Code 1940, T. 52, §192; Acts 1949, No. 249, p. 372, §2.)

§ 16-12-14 Report Required by State Board

The city superintendent of schools shall prepare, or cause to be prepared, and submit to the city board of education for adoption, all reports required by the State Board of Education, and he shall prepare, or cause to be prepared, and submit to the city board of education a school report as provided in this title.

(School Code 1927, §237; Code 1940, T. 52, §194.)

§ 16-12-15 Administration of Office; Supervision of Employees

The city superintendent of schools, acting under the rules and regulations of the city board of education, shall be responsible for the administration of the office of superintendent of schools, and he shall see that all regular appointees of the city board of education devote their entire time to their duties.

(School Code 1927, §238; Code 1940, T. 52, §195.)

§ 16-12-16 Nomination, Removal, Etc., of Teachers, Employees, Etc

The city superintendent of schools shall nominate in writing for appointment by the city board of education all principals, teachers, supervisors, attendance officers, janitors and all other employees of the board and shall assign to them 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.

All persons so nominated for teaching or supervising positions shall hold certificates issued by the State Board of Education.

(School Code 1927, §§224, 229; Code 1940, T. 52, §§182, 187.)

§ 16-12-17 Payroll of City Superintendent

The city superintendent of schools shall, at such times and in such manner as directed by the city board of education, under the rules and regulations promulgated by the State Superintendent of Education, prepare his payroll or payrolls for the payment of teachers, employees, bills and other items authorized by the city board of education. No public funds must be paid out by the city treasurer except on an order signed by the chairman of the city board of education, accompanied by a certificate of the city superintendent of schools that the payroll or order is correct, due and unpaid.

(School Code 1927, §233; Code 1940, T. 52, §191.)

§ 16-12-18 Employment of Attendance Officers; Enforcement of Attendance Laws

The city superintendent of schools shall recommend the employment of one or more attendance officers, subject to the rules of the city board of education, and shall see to it that the provisions of law for school attendance are enforced.

(School Code 1927, §236; Code 1940, T. 52, §193.)

§ 16-12-19 Employment of Professional, Clerical, Etc., Assistants

The city board of education shall, upon the recommendation of the city superintendent of schools, employ such professional, clerical, accounting and statistical assistants as, in the judgment of the board, are necessary.

(School Code 1927, §204; Code 1940, T. 52, §164.)

§ 16-12-20 Full-Time Employment of Teachers Authorized

Nothing shall be construed as preventing a city 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 city board of education shall have been properly made and submitted.

(School Code 1927, §239; Code 1940, T. 52, §196.)

Chapter 13 School Finances Generally

Article 1 General Provisions

§ 16-13-1 Fiscal Year

The fiscal year of every board of education shall begin October 1 and end September 30.

(Acts 1939, No. 186, p. 334, §19; Code 1940, T. 52, §234.)

§ 16-13-2 Investment of Endowment Funds Held by State Board of Education and Trustees of State Institutions

Authority is hereby granted to the State Board of Education and the board of trustees of all state institutions respectively, where education is a part of the program of the institution, to invest and reinvest endowment funds and funds held for investment, subject to all the terms, conditions, limitations and restrictions imposed by the laws of Alabama upon domestic life insurance companies in the making and disposing of their investments; and subject to like terms, conditions, limitations and restrictions, each such board shall have full power to hold, purchase, sell, assign, transfer and dispose of any of the securities and investments in which any of the funds shall have been invested, as well as the proceeds of said investments and any moneys belonging to said funds; provided, that all rights and privileges of investment and management of funds heretofore granted or vested in said boards shall continue to vest therein.

(Acts 1959, No. 499, p. 1234, §1.)

§ 16-13-4 Diversion of Funds; Payment of Debt Obligations

(a) It shall be unlawful for any official in the State of Alabama having the custody of, or in any manner connected with the handling or having the authority to direct the use of any of the public school funds arising under the provisions of Sections 257, 258, 259 and 260 of the Constitution of Alabama to knowingly or intentionally divert or permit to be diverted or to use or permit the use of these funds or any part thereof for any purpose whatsoever except for the uses and purposes as set out in these sections of the constitution, and such official violating this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), and the Attorney General may also institute impeachment proceedings against such official.

(b) Nothing contained in this section shall be so construed as to affect any appropriation heretofore made or which may hereafter be made by the Legislature of Alabama, under the powers granted by the constitution for the support and maintenance of the public schools or other schools in the State of Alabama.

(c) For any debt obligation requiring the approval of the State Superintendent of Education, a local board of education may, in accordance with the rules of the State Board of Education, enter into a binding agreement to authorize and direct the state Comptroller to direct any other state funds allocated to the local board of education from funds appropriated by the Legislature of the State of Alabama for the support and maintenance of public schools to the satisfaction of the debt payment that is due and unpaid. The local board of education shall replace the funds withheld to satisfy the debt payment by providing funds legally available for replacement.

(d) The state Comptroller may not direct any state funds pursuant to this section without having received prior written approval of the incurrence of the debt obligation by the State Department of Education in one of the following forms:

(1) An approved School Warrant Form 1, or such successor form as the State Department of Education may hereafter promulgate, with respect to any debt obligation having a maturity of greater than one year.

(2) Such other written approval as the State Department of Education may provide with respect to any debt obligation having a maturity of one year or less.

(Acts 1932, Ex. Sess., No. 64, p. 86, §1; Code 1940, T. 52, §199; Act 2003-384, p. 1087, §1.)

§ 16-13-5 Federal Grants, Appropriations, Etc. - Acceptance

The State Treasurer is hereby authorized and empowered to accept from the federal government or any instrumentality thereof, in the name of and for the State of Alabama, any grant from the federal government or any appropriation made by the Congress of the United States or any allocation of federal funds appropriated by the Congress of the United States to the State of Alabama for the purpose of assisting the state in financing a minimum foundation program of public elementary and secondary schools, and in reducing inequalities of educational opportunities through public elementary and secondary schools, and for the general welfare and other purposes. The Treasurer is hereby required to make the necessary reports; provided, that any or all such acceptances or conditions shall not be contrary to the Constitution of Alabama.

(Acts 1949, No. 644, p. 986, §1.)

§ 16-13-6 Federal Grants, Appropriations, Etc. - State Board of Education Designated State Agency in Administration

The State Board of Education is hereby designated as state agency in the administration, distribution and supervision of the expenditure of any funds herein provided and is hereby authorized and empowered, insofar as it is not specifically prohibited by the Constitution of Alabama, to meet the terms of such grants, appropriations or allocations and is hereby authorized to establish the necessary rules and regulations governing the allocation of funds derived from such grants, appropriations or allocations to county and city boards of education in the state and to set the conditions upon which local school systems may receive and expend such allocations, it being the intent of Sections 16-13-5 through 16-13-7 to permit the State of Alabama to participate fully in any or all grants, appropriations or allocations made available to it by the federal government or any instrumentality thereof for public elementary and secondary schools.

(Acts 1949, No. 644, p. 986, §2.)

§ 16-13-7 Appropriation of Federal Government Funds to Foundation Program Fund

In addition to all other funds appropriated for the public schools of the state there is hereby appropriated to the Foundation Program Fund for each fiscal year any and all funds which may be made available to the State of Alabama by the federal government or any instrumentality thereof for financing a foundation education program or for the support and maintenance of public schools; provided that any federal funds made available for vocational education shall be and are hereby appropriated to the State Board of Education for vocational education.

(Acts 1949, No. 644, p. 986, §3; Acts 1995, No. 95-314, p. 634, §14.)

§ 16-13-8 Bonding of Persons Handling Public School Funds Generally - Authority to Require

County and city boards of education are hereby authorized to require county and city public school principals and such other persons as may be charged with the custody and responsibility for handling public school funds to give bond in an amount to be fixed by the county or city board of education, as the case may be, in a reputable surety company authorized to do business in Alabama, conditioned upon the faithful performance of the duties of their office and upon the accounting and paying over to the proper authority of all such public school funds coming into their hands.

(Acts 1953, No. 66, p. 97, §1.)

§ 16-13-9 Bonding of Persons Handling Public School Funds Generally - Payment of Premiums

County and city boards of education are hereby authorized to expend public school funds in order to pay the necessary premiums on the surety bonds authorized in Section 16-13-8 and to pay for audits of such funds.

(Acts 1953, No. 66, p. 97, §2.)

§ 16-13-10 Custodian of School Funds - Payment of Payrolls

[Repealed]

Repealed by Act 2006-196, p. 275, §5, effective June 1, 2006.

(School Code 1927, §297; Code 1940, T. 52, §276; Acts 1995, No. 95-314, p. 634, §15.)

§ 16-13-11 Custodian of School Funds - Vouchers Required

[Repealed]

Repealed by Act 2006-196, p. 275, §5, effective June 1, 2006.

(School Code 1927, §299; Code 1940, T. 52, §277; Acts 1995, No. 95-314, p. 634, §16.)

§ 16-13-12 Custodian of School Funds - Removal

[Repealed]

Repealed by Act 2006-196, p. 275, §5, effective June 1, 2006.

(School Code 1927, §300; Code 1940, T. 52, §278; Acts 1995, No. 95-314, p. 634, §17.)

§ 16-13-13 Fees for Courses

It is the intent of the Legislature that no fees shall be collected in the future in courses required for graduation. In courses not required for graduation, local school boards may set reasonable fees for courses requiring laboratory and shop materials and equipment, provided, however, that such fees shall be waived for students who cannot afford to pay the fee. Any funds collected in fees shall be spent on the course for which the fee was levied. This section shall not be construed to prohibit community groups or clubs from fundraising activities, provided, however, that students shall not be required to participate in such fundraising activities.

(Acts 1983, No. 83-617, p. 956, §2; Acts 1989, No. 89-689, p. 1356, §2; Acts 1995, No. 95-314, p. 634, §18.)

§ 16-13-14 Advancement of Expenses of Members and Employees of County and City Boards of Education; Itemized Statement of Expenses to Be Presented and Approved Upon Return of Member or Employee

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

(b) When any sum is advanced to a member or employee of any board of education to be used to defray expenses incurred while traveling beyond the borders of the school district, the member or employee shall submit such itemized statements of expenses as may be required by law immediately upon return of the member or employee. Failure to present and have approved such statement shall render such member or employee personally liable to the county or city board of education for the sum advanced, which sum shall, if such member or employee is drawing pay for his services from the county or city board of education, be deducted from any sum then or in the future owed by the county or city board of education to such member or employee.

(Acts 1988, 1st Ex. Sess., No. 88-807, p. 247, §§1, 2.)

§ 16-13-16 Name of “Alabama Special Educational Trust Fund” Changed to “Education Trust Fund.”

The name of the “Alabama Special Educational Trust Fund” is changed to the “Education Trust Fund.” All references to the “Alabama Special Educational Trust Fund” or the “Alabama Special Education Trust Fund” contained in the Code of Alabama 1975, are changed to the “Education Trust Fund.” All other laws, rules, regulations, and legal references of any kind to the “Alabama Special Educational Trust Fund” or the “Alabama Special Education Trust Fund” shall be changed to the “Education Trust Fund” when the Code of Alabama 1975 is next reprinted and as other laws, rules, regulations and legal references are appropriate, timely and economically feasible.

Any and all funds for public education which are dedicated to the Alabama Special Educational Trust Fund prior to and on October 1, 1996, shall continue to be deposited into the “Education Trust Fund.” It is not the intent of this section to redirect the deposit or expenditure of any funds earmarked for the public schools and colleges, nor is it the intent of this section to create a new fund for public schools or colleges. It is the intent of this section only to rename the primary education trust fund of the state from the “Alabama Special Educational Trust Fund” to the “Education Trust Fund”.

(Acts 1995, No. 95-264, p. 473, §1.)

Article 2 Apportionment and Disbursement of Public School Funds

§ 16-13-31 Record of Receipts and Disbursements; Apportionment of Countywide Taxes for Foundation Program

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

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

(c) The apportionment of countywide taxes collected for the purposes of participating in the Foundation Program as determined in Section 16-13-31(b) shall be used unless the local boards of education in a county sign a mutual agreement and secure the approval of the State Superintendent of Education to use some other plan involving desirable special adjustments.

(School Code 1927, §247; Code 1940, T. 52, §201; Acts 1982, 2nd Ex. Sess., No. 82-778, p. 282, §1; Acts 1995, No. 95-314, p. 634, §19.)

§ 16-13-32 Funds Contributed to Be Applied as Indicated in Grant

All funds contributed by persons or otherwise to any school or school district shall be applied as indicated in the grant from such contributors.

(School Code 1927, §250; Code 1940, T. 52, §202; Acts 1995, No. 95-314, p. 634, §20.)

§ 16-13-33 Funds of Townships Divided by State or County Line

Whenever a township which has an income from a trust fund is divided by a state or county line or otherwise, such income must be divided between and apportioned to each division of such township according to the school population.

(School Code 1927, §251; Code 1940, T. 52, §203.)

§ 16-13-36 Appropriation of Funds Out of Treasury

Any appropriate local governing body is authorized at any meeting of said governing body in any calendar year to appropriate any funds it may deem proper and expedient out of the general funds of the governing body’s treasury to local boards of education for the construction, repair, operation, maintenance and support of new or existing public schools within the jurisdiction of said governing body.

(Acts 1931, No. 602, p. 687, §1; Code 1940, T. 52, §207; Acts 1959, 2nd Ex. Sess., No. 35, p. 196, §1; Acts 1995, No. 95-314, p. 634, §21.)

§ 16-13-37 Use of County Sales and Use Tax Funds for General Educational Purposes

(a) When approved at a referendum election held for such purposes in the manner hereinafter prescribed, any local board of education may divert any earmarked revenue derived by it from county sales and use taxes heretofore levied and imposed by local laws enacted by the Legislature of Alabama which exclusively earmarked such county sales and use taxes for capital outlay, construction and maintenance of public schools and use or spend the same for general educational purposes, including payment of teachers’ salaries, other current school expenses, and costs of school transportation, the provisions of any general, special or local law to the contrary notwithstanding.

(b) Upon the written request of the local board of education to the county commission, the referendum elections referred to in subsection (a) of this section may be called, held and conducted as nearly as may be in accordance with state law. In counties which apportion such sales and use taxes between county boards of education and city boards of education under local laws or by agreement between said county and city boards of education, upon the joint written request of such county and city boards of education to the county commission, such referendum elections may be consolidated into one countywide vote, and the result of such consolidated election shall govern the permissive use of such earmarked revenue thereafter by both the county and city boards of education.

(c) This section shall not be construed so as to permit or allow the diversion or use for general educational purposes of any earmarked or dedicated school revenue derived by any local board of education from county sales and use taxes which have heretofore been pledged by such local board of education or other governing body to the amortization, payment or retirement of any school bond issue, school loan or school contract of any kind which calls or provides for the payment thereof from said earmarked school revenues.

(Acts 1961, Ex. Sess., No. 69, p. 1944, §§1-3; Acts 1995, No. 95-314, p. 634, §22.)

Article 4 Tax Anticipation Warrants in Cities and Counties

§ 16-13-70 Issuance Authorized; Purposes; Source of Payment

(a) Any county board of education and any city board of education may issue and sell interest-bearing tax anticipation warrants for the purpose of paying the costs of erecting, acquiring, providing, constructing, purchasing, altering, enlarging, improving, repairing and equipping school buildings, school playgrounds and buildings for housing and repairing school buses, and for the purpose of purchasing school buses, or for any one or more of such purposes.

(b) Warrants issued under the provisions of this article shall not be general obligations of the board of education issuing such warrants but shall be payable, as to both principal and interest, solely out of one of the following:

(1) The proceeds of any ad valorem tax voted under the constitution for the purpose of paying such warrants, or for school purposes generally, and paid, apportioned or allocated to or for the benefit of the board of education issuing such warrants;

(2) The proceeds of any ad valorem tax that may be paid, apportioned or allocated to or for the benefit of the board of education issuing such warrants; or

(3) The proceeds of any privilege, license or excise tax or taxes that may be paid, apportioned or allocated to or for the benefit of the board of education issuing such warrants.

(c) Any board of education issuing any warrants hereunder shall specify, in the proceedings authorizing such warrants, the tax proceeds out of which such warrants are to be payable and shall secure payment of the principal thereof and the interest thereon by a pledge of so much as may be necessary therefor of such tax proceeds. If any such board of education makes more than one such pledge with respect to the proceeds from the same tax, then such pledges shall take precedence in the order in which they are made unless the proceedings making the pledge prior in time shall specifically provide that such pledge shall be on a parity with or subordinate to a subsequent pledge of the same tax proceeds.

(d) Warrants issued pursuant to the provisions of this article shall constitute preferred claims against the tax proceeds out of which they are payable, subject to prior pledges, and shall have preference over claims for salaries or other operating expenses or any other purpose.

(e) No board of education may issue under the provisions of this article warrants payable out of the proceeds of any ad valorem tax if the principal and interest maturing on such warrants in any fiscal year, when added to the principal and interest maturing in the same fiscal year on all warrants of such board of education then outstanding and constituting preferred claims against said ad valorem tax, would exceed 80 percent of the annual proceeds of said ad valorem tax, computed upon the basis of the last assessed valuation on which taxes were due and payable, of the county or the district, as the case may be, as certified by the county tax assessor; provided, that if an irrevocable trust fund consisting of cash or direct general obligations of the United States of America, or both, shall be established for retirement of all or part of the principal of or interest on any outstanding warrants of a board of education, then, to such extent as the retirement thereof shall be provided for by the said trust fund (including the cash therein and all sums due to be paid by the said United States under the terms of any of its direct general obligations forming a part of the said trust fund), the said principal and interest shall be excluded from any computation for the purposes of this subsection of the amount of principal and interest maturing with respect to outstanding warrants.

(Acts 1959, 2nd Ex. Sess., No. 57, p. 224, §1; Acts 1963, 2nd Ex. Sess., No. 148, p. 336, §1.)

§ 16-13-71 Terms and Conditions; Sale; Use of Proceeds

(a) Warrants issued pursuant to the provisions of this article may bear such rate or rates of interest, not exceeding 12 percent per annum, payable semiannually (provided that the first interest payment date may be at any time not later than nine months after the date of such warrants), may be in such denomination or denominations, may have such maturity or maturities not exceeding 30 years from their date (provided that warrants payable, as to both principal and interest, out of the proceeds of any privilege, license or excise tax or taxes, may have a maturity or maturities not exceeding 40 years from their date), may be made redeemable prior to maturity at the option of the issuing board of education at such redemption price or prices and on such terms and conditions, may be payable at such place or places within or without this state, may be executed in such manner and may contain such terms and details not in conflict with the provisions of this article, all as the board of education issuing such warrants may provide in the proceedings wherein such warrants are authorized to be issued.

(b) All warrants issued pursuant to the provisions of this article shall be sold in the manner required by the provisions of Section 16-13-96, for the sale of capital outlay warrants; provided, that the notice of public sale with respect to the sale of warrants issued hereunder that are not payable out of the proceeds of a county or district ad valorem tax shall, in lieu of stating whether a county or district tax is to be pledged therefor, briefly describe the tax to be pledged for payment of such warrants. No warrants issued pursuant to the provisions of this article may be sold for less than 95 percent of their face value plus accrued interest on such warrants from their date to the date of their delivery, nor shall any warrants issued pursuant to the provisions of this article be sold at a price which would yield more than 12 percent according to standard bond tables taking into account any premium or discount reflected in the sale price.

(c) The principal proceeds derived from the sale of any such warrants shall be used solely for the purpose for which they were authorized to be issued, including the payment of any expenses incurred in connection with the issuance thereof.

(Acts 1959, 2nd Ex. Sess., No. 57, p. 224, §2; Acts 1971, 1st Ex. Sess., No. 119, p. 200, §1; Acts 1981, No. 81-826, p. 1471, §1.)

§ 16-13-72 Refunding Warrants

Any county board of education and any city board of education may from time to time sell and issue refunding warrants for the purpose of refunding the principal of warrants then outstanding that were issued by the said board of education under the provisions of either this article or any other act or statute, and the interest accrued on the warrants to be refunded, whether or not the principal of the said outstanding warrants shall have matured at the time of the issuance of the refunding warrants and regardless of the date on which the warrants to be refunded shall have a stated maturity or shall be subject to redemption or cancellation. Any premium necessary to redeem or retire the warrants to be so refunded may be paid out of the proceeds from the refunding warrants; and the total principal amount of the refunding warrants shall not exceed the sum of (i) the principal of the warrants to be refunded, (ii) the interest accrued and unpaid thereon plus the interest to mature thereon until the date on which they are to be redeemed or paid and (iii) the amount of any such redemption premium. Except for the fact that refunding warrants are issued for refunding purposes rather than any of the purposes referred to in Section 16-13-70, all the provisions of this article relating to warrants generally shall be applicable to refunding warrants issued hereunder.

(Acts 1959, 2nd Ex. Sess., No. 57, p. 224, §3; Acts 1963, 2nd Ex. Sess., No. 148, p. 336, §2; Acts 1986, Ex. Sess., No. 86-652, p. 35.)

§ 16-13-73 Approval of Issue by State Superintendent of Education

Before issuing any warrants hereunder, the board of education by which such warrants are proposed to be issued shall cause an application for approval of such issue to be filed with the State Superintendent of Education. Such application shall be in such form and shall contain such information as the State Superintendent of Education may prescribe, and he may require such further information as may be necessary relating to the proposed warrants or other financial or educational matters under the control of such board of education. He shall not approve the issue of any warrants hereunder which would jeopardize the state’s Foundation Program of education as prescribed by law and in accordance with the rules and regulations of the State Board of Education. He shall not approve the issue of any warrants hereunder when the principal of or the interest on any other warrants constituting a preferred claim against the tax proceeds to be pledged for payment of the proposed warrants is overdue and unpaid, except warrants to refund the same. The written approval of the State Superintendent of Education of the amount and general purpose of the warrants shall be a sufficient approval of the issue, but he may at his discretion approve any of the terms and provisions of the warrants which in such event shall not be issued otherwise. He shall not approve the issuance of any refunding warrants unless evidence presented to him in his judgment shows:

(1) That an interest saving will thereby be effected without extending the date of payment of the warrants desired to be refunded;

(2) That payment of warrants desired to be refunded will prevent the issuing board of education from operating schools the customary term in their jurisdiction;

(3) That an extension of the time of payment of the warrants desired to be refunded is necessary to prevent the state’s Foundation Program from being jeopardized; or

(4) That the proceeds of the tax pledged for payment of the warrants to be refunded are not or will not be sufficient for the payment of the principal of and the interest on such warrants.

The state superintendent’s approval of the issue of any warrants hereunder shall be a conclusive determination that all necessary evidence has been presented to him. The written approval of the State Superintendent of Education of the issue of any warrants hereunder shall be a conclusive determination in favor of the validity of such warrants that all of the requirements of this article have been complied with. The State Superintendent of Education may also determine conclusively for all purposes relating to the validity of any warrants issued hereunder whether any other warrants constitute a preferred claim against the tax proceeds out of which the proposed warrants are payable. In all matters connected with his approval of warrants, the State Superintendent of Education shall comply with any regulations or instructions of the State Board of Education, but his failure to do so shall not affect the validity of warrants approved by him.

(Acts 1959, 2nd Ex. Sess., No. 57, p. 224, §4; Acts 1995, No. 95-314, p. 634, §23.)

§ 16-13-74 Warrants Legal Investments for Fiduciaries

Warrants issued pursuant to the provisions of this article shall be legal investments for executors, administrators, trustees and other fiduciaries.

(Acts 1959, 2nd Ex. Sess., No. 57, p. 224, §5.)

§ 16-13-75 Exemption from Taxation

All warrants and interest coupons issued pursuant to the provisions of this article and all income derived therefrom shall forever be exempt from all state, county, municipal and other taxation under the laws of Alabama.

(Acts 1959, 2nd Ex. Sess., No. 57, p. 224, §6.)

§ 16-13-76 Moneys Allocated Under Article or Chapter Not to Be Pledged

Nothing herein contained shall be construed to authorize any local board of education to pledge, for the benefit of any warrants issued hereunder, any portion of the Foundation Program Fund moneys paid, apportioned or allocated to it under the provisions of this chapter, nor any portion of public school fund moneys paid, apportioned or allocated to it under the provisions of this article.

(Acts 1959, 2nd Ex. Sess., No. 57, p. 224, §7; Acts 1995, No. 95-314, p. 634, §24.)

§ 16-13-77 Effect of Article on Existing Powers of Boards of Education

The provisions of this article shall not be deemed to restrict, abridge or revoke any power which any county or city board of education had prior to the adoption of this article. Without in any way limiting the generality of the foregoing, it is hereby declared that all county and city boards of education shall continue to have, in addition to the powers granted by this article, all the powers granted them by the provisions of Article 5 of this chapter; provided, that the provisions of Section 16-13-107 shall not be applicable to any board of education exercising the powers granted in this article.

(Acts 1959, 2nd Ex. Sess., No. 57, p. 224, §8.)

Article 5 Warrants for Special County and District Taxes

§ 16-13-90 Purposes for Which Warrants Issued

In any county in which a special county tax shall have been voted under the constitution for such purpose or for school purposes generally, and in any school district in which a special district tax shall have been voted under the constitution for such purpose or for school purposes generally, the county board of education or the city board of education, as the case may be, with the approval of the State Superintendent of Education may issue and sell capital outlay warrants for the purposes of erecting, purchasing, altering, enlarging, improving, repairing and equipping school buildings and school playgrounds, and buildings for housing and repairing school buses, including sites for any such buildings and playgrounds; and for the purpose of purchasing school buses; and for the purpose of acquiring a school building already erected by another government body, which building is being transferred to the use and jurisdiction of the board issuing the warrants; or for any one or more of such purposes; issue and sell or exchange refunding warrants for the purpose of refunding any valid warrants heretofore or hereafter issued and constituting a preferred claim against the said tax, or, in the case of refunding warrants payable from the tax of a special school district which consists of a consolidation of two or more smaller special school districts, constituting a preferred claim against the tax of any of such smaller districts; provided, that the refunding warrants shall not be issued in an aggregate principal amount exceeding the sum of (i) the outstanding principal of such warrants being refunded, (ii) the interest accrued and unpaid thereon plus the interest to mature thereon until the date on which they are to be redeemed or paid, and (iii) the amount of any redemption premium required to be paid. Proceedings authorizing the issuance of refunding warrants under the provisions of this article shall identify the warrants being refunded, but no purchaser or holder of any such refunding warrant shall thereby be put upon inquiry or charged with notice of the nonexistence or invalidity of such refunded warrants, and the validity of such refunding warrants shall not be affected thereby. Warrants shall never be issued hereunder to an amount of principal and interest maturing in any fiscal year which, when added to the amount of principal and interest of all warrants then outstanding and constituting preferred claims against the said tax and maturing in said fiscal year, would exceed 80 percent of the annual proceeds of said tax, computed upon the basis of the last assessed valuation on which taxes were due and payable, of the county or of the district, as the case may be, as certified by the county tax assessor.

(Acts 1939, No. 186, p. 334, § 1; Code 1940, T. 52, §216; Acts 1986, Ex. Sess., No. 86-650, p. 33.)

§ 16-13-91 Approval of Issuance

Before issuing any warrants hereunder the county board of education or the city board of education, as the case may be, shall cause an application for approval of such issue to be filed with the State Superintendent of Education. Such application shall be in such form and shall contain such information as the State Superintendent of Education may prescribe, and he may require such further information as may be necessary relating to the proposed warrants or other financial or educational matters under the control of such board of education. He shall not approve the issue of any warrants which would jeopardize the state’s Foundation Program of education as prescribed by law and in accordance with the rules and regulations of the State Board of Education. He shall not approve the issue of any warrants hereunder when the principal or interest of any other warrants constituting a preferred claim against the same tax is overdue and unpaid, except warrants to refund the same. The written approval of the State Superintendent of Education of the amount and general purpose of the warrants shall be a sufficient approval of the issue, but he may at his discretion approve any of the terms and provisions of the warrants which in such event shall not be issued otherwise. He shall not approve the issuance of any refunding warrants unless evidence presented to him in his judgment shows:

(1) That an interest saving will thereby be affected without extending the date of payment of the warrants desired to be refunded; or

(2) That payment of warrants desired to be refunded will prevent the issuing board of education from operating schools the customary term in their jurisdiction; or

(3) That an extension of the time of payment of the warrants desired to be refunded is necessary to prevent the state’s Foundation Program from being jeopardized; or

(4) That the proceeds of the tax pledged for payment of the warrants to be refunded are not or will not be sufficient for the payment of the principal of and the interest on such warrants.

The state superintendent’s approval of the issue of any warrants hereunder shall be a conclusive determination that all necessary evidence has been presented to him. The written approval of the State Superintendent of Education of the issue of any warrants hereunder shall be a conclusive determination in favor of the validity of such warrants that all of the requirements of Section 16-13-120 and this section have been complied with. The State Superintendent of Education may also determine conclusively for all purposes relating to the validity of any warrants issued hereunder whether any other warrants constitute a preferred claim against the same tax proceeds. In all matters connected with his approval of warrants the State Superintendent of Education shall comply with any regulations or instructions of the State Board of Education, but his failure to do so shall not affect the validity of warrants approved by him.

(Acts 1939, No. 186, p. 334, §3; Code 1940, T. 52, §218; Acts 1995, No. 95-314, p. 634, §25.)

§ 16-13-92 Execution

All warrants issued hereunder shall be executed in the name of the issuing county or city board of education, as the case may be, by the president of such board, shall be sealed with the seal of such board and attested by the secretary of the board. Coupons attached to such warrants shall be executed with either the manual or the facsimile signature of the president of such board. All warrants and coupons attached thereto issued hereunder bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations notwithstanding that before the delivery and payment thereof such officers whose signatures appear thereon shall have ceased to be officers of such board.

(Acts 1939, No. 186, p. 334, §12; Code 1940, T. 52, §227.)

§ 16-13-93 Form

The following form of warrant shall be valid and sufficient for warrants issued hereunder, but any other appropriate form may be used:

“No. ___ $ ____ State of Alabama county (city) board of education of the County (City) of ____. County, (City, District No. _____) capital outlay (refunding) school warrant. The county (city) board of education of the County (City) of ____, Alabama, is indebted to bearer in the sum of ____ dollars and hereby directs the custodian (treasurer) of the public school funds of the county (city) to pay to bearer the said sum on __, 2, with interest meanwhile at the rate of ____. percent per annum payable semiannually to the bearer of the respective coupons therefor hereto attached, both principal and interest being payable at ____ from the proceeds of a special tax of $.30 on each $100.00 of taxable property in the said county (in the said city, in School District No. ____ of the said county) duly authorized to be levied and collected each year until the maturity thereof. This warrant is issued pursuant to Act No. ____, approved __, 2, and is a preferred claim against the proceeds of the said tax as therein provided. It is hereby certified that every requirement of the Constitution or laws of the State of Alabama relating to the issue hereof or to the authorization of the said tax has been duly complied with and that this warrant is within every limit prescribed thereby. In witness whereof the said county (city) board of education has caused this warrant to be signed in its name by its president and its seal to be hereunto affixed and attested by its secretary, and the attached coupons to be executed with the facsimile (manual) signature of the said president. Dated __, 2, county (city) board of education of ___ by: ___ president, seal attest: ___ secretary (coupon) no. ___ $ ___. On _, 2, the county (city) board of education of the County (City) of ____, Alabama, will be indebted to bearer in the sum of ____ dollars and hereby directs the custodian of the public school funds of the county (city treasurer) to pay to bearer at ___, the said sum at that time from the proceeds of a certain special tax as provided in and as interest on its county (city, District No. ___ ) capital outlay (refunding) warrant no. ___, dated _, 2, county (city) board of education of ___ by: ___ president.”

If such warrants are subject to the call for payment before maturity the words “unless the said warrants shall have been duly called for earlier payment and payment duly provided therefor” may be added to the coupons and the following paragraph inserted in the warrants:

“The said county (city) board of education reserves the right to call this warrant for payment at ____ and accrued interest upon any interest payment date (or any other appropriate statement as to the time of redemption as prescribed by the issuing board). Notice of such call shall be published at least once at least 30 days before such payment date in a newspaper published or circulated in the county and also in a daily newspaper published in Montgomery or Birmingham. Such notice having been given and such payment having been duly provided, this warrant shall cease to bear interest upon such payment date.”

(Acts 1939, No. 186, p. 334, §11; Code 1940, T. 52, §226.)

§ 16-13-94 Maturity; Payment Generally

Capital outlay warrants issued hereunder shall be payable within the period of usefulness of the improvement or property for which the warrants are issued as estimated by the county or city board of education, which estimate shall be conclusive. In no event shall any warrant issued hereunder be made payable on or after the first of October upon which the special tax pledged for the payment of the warrants last becomes due and payable. All warrants issued hereunder shall be made payable in substantially equal annual instalments of principal and interest beginning in the next fiscal year after their date; provided, that if other warrants issued hereunder or any other law shall be then outstanding constituting a preferred claim against the same tax, all or any part of the maturities of such outstanding warrants may be taken together with the maturities of the new warrants to provide substantially equal instalments of principal and interest; and provided further, that the requirements contained in this sentence shall be directory only and shall not affect the validity of any warrants issued under this article.

(Acts 1939, No. 186, p. 334, §4; Code 1940, T. 52, §219.)

§ 16-13-95 Interest Rate

All warrants issued hereunder shall bear interest at not exceeding eight percent per annum payable semiannually; provided, that the first interest payment date may be at any time not later than nine months after the date of issue. If the principal of or interest on any warrant at any time issued hereunder shall not be paid when due, the same shall bear interest after maturity until paid at the rate of eight percent per annum until paid; provided, that at any time after such principal or interest shall have become past due, the board of education may give notice of its intention to pay the same in whole or in part with interest at a specified time and place by publication at least once at least 10 days before the date fixed for such payment in a newspaper published or circulated in the county and also in a daily newspaper published in Montgomery or Birmingham. If such notice shall be duly given and if money to make such payment shall be duly provided, interest on such overdue principal or interest (or the part thereof for payment of which money is so provided) shall cease to accrue on the date fixed for such payment.

(Acts 1939, No. 186, p. 334, §6; Code 1940, T. 52, §221; Acts 1969, No. 593, p. 1080, §2.)

§ 16-13-96 Sale - Generally

All warrants issued hereunder shall be sold to the highest bidder at public sale unless sold at a better price within 30 days after failure to receive any acceptable bid at a duly advertised public sale in accordance with this section. A public sale shall be either on sealed bids or at auction. Bidders may be invited to name the rate or rates of interest which the warrants are to bear or the board of education may name a rate or rates of interest and invite bids thereon. The notice of a public sale shall state whether the sale is to be on sealed bids or at auction and shall also state the amount of the warrants to be sold, the maturities thereof, whether county or district tax is to be pledged, the amount payable at each maturity and either the rate or rates of interest which the warrants are to bear or that the bidders are invited to name the rate or rates of interest and shall also state the time and place of the meeting of the board of education at which bids are to be received and the amount of the good faith check required to be deposited. Such notice shall be published once in each of two consecutive weeks in a newspaper published in the county within which the warrants are being issued, and if there should be no such newspaper the notice shall be published in a daily newspaper published in Montgomery or Birmingham. The first of such two publications shall be not less than 10 days before the date of sale. The board of education shall have the right to reject all bids. In the marketing of the said warrants the said board shall be entitled to have such assistance as can be rendered by the Governor, the Treasurer, the Director of Finance, the State Superintendent of Education or any other appropriate state officer or agency. If the warrants are offered for sale at public auction, the highest bidder shall be that bidder whose bid names the lowest net interest cost to the board of education as shown in standard bond tables; if the warrants are offered for sale on sealed bids, the highest bidder shall be that bidder whose bid names the lowest total net interest cost to the board of education determined by ascertaining the total amount of interest that would be payable by the board, computed at the applicable rate or rates of interest stated in the bid from the date of the warrants to their respective absolute maturities, and deducting from the total so ascertained the amount of any premium stated in the bid in excess of the face value of the warrants or adding to the total so ascertained the amount of any discount stated in the bid below the face value of the warrants; provided, that the determination by the board of education as to the highest bidder shall be final. Bidders shall be required to submit a good faith check, drawn on a member bank of the Federal Reserve System, in the form of a certified check or a bank cashier’s check or a bank treasurer’s check, in an amount not less than two percent of the principal amount of the warrants offered for sale.

(Acts 1939, No. 186, p. 334, §8; Code 1940, T. 52, §223; Acts 1971, No. 1870, p. 3050, §1.)

§ 16-13-97 Sale - Price

Warrants issued hereunder may be sold at such price or prices as the issuing board of education may deem advisable; provided, that no series of warrants issued hereunder shall be sold at a price resulting in an average annual net interest cost to the issuing board greater than eight percent computed from the date of the warrants to their respective maturities and taking into account any premium or discount reflected in the sale price.

(Acts 1939, No. 186, p. 334, §9; Code 1940, T. 52, §224; Acts 1969, No. 593, p. 1080, §3.)

§ 16-13-98 Preference and Payment of Warrants and Care of Fund

All warrants issued hereunder by a county or city board of education shall be payable solely from the county or city board of education’s apportioned share of the proceeds of the special tax in respect of which they were issued, but this shall not prohibit their payment from any other funds which may be available therefor under any other provision of law; provided, that in no event shall such warrants be payable from such other funds if the effect thereof would be to subject such warrants to any constitutional debt limit or to any constitutional requirement that they be authorized by vote of the qualified voters. All warrants issued hereunder shall be preferred claims against the county or city board of education’s apportioned share of said tax as herein provided. All valid pledges of the said tax heretofore made, whether made to secure warrants or otherwise, shall remain valid and effective, and successive pledges so made of the same tax shall remain entitled as between each other to preference in the order in which they were made. All warrants issued hereunder, whether capital outlay or refunding, and including warrants heretofore issued under Act No. 94 (1936, Ex. Sess., p. 58), approved April 6, 1936, shall be secured by pledge of the entire net proceeds of the county or city board of education’s apportioned share of said tax, subordinate to all pledges thereof heretofore or hereafter made before the issue of the said warrants, but superior to all pledges thereof made after the issue of the said warrants; provided, that all warrants hereafter authorized hereunder by the county or city board of education at one session but delivered at different times shall as against other warrants have preference as of the date when the first delivery of such warrants was made and as between each other shall be of equal rank. All warrants issued hereunder, as well as all valid pledges of the said tax heretofore made, shall have preference over claims for salaries or other operating expenses or any other purpose. In each fiscal year the proceeds of the said tax shall be deposited as soon as received by the custodian of school funds or the city treasurer, as the case may be, in a bank approved for that purpose by the State Superintendent of Education upon the advice of the State Superintendent of Banks or other chief state officer having supervision over banking matters, in a separate account to an amount sufficient for the payment of all claims secured by a valid pledge of the said tax and due in that fiscal year, including the principal and interest of all warrants issued hereunder due in that fiscal year or due in any prior year and remaining unpaid with six percent interest on such overdue claims. After such amount has been so deposited the balance of the proceeds of the said tax may be used for any proper purpose without regard to the said pledges or warrants. Such deposit shall be held as a trust fund for the payment of the claims for which it was established and shall be applied to the payment of all such claims as they become due; provided, that no such claim shall be paid therefrom unless after such payment sufficient funds will remain in said deposit to pay all such claims which are secured by a pledge of the said tax superior to the pledge securing the claim to which such payment is to be applied, and such deposit shall be applied to no other purpose until all such claims are satisfied. Any custodian, treasurer, superintendent of education, member of a board of education or other officer who shall by vote or in any other manner cause, aid or encourage any diversion of any such deposit to any other purpose or any misappropriation thereof whereby loss or injury to the owner or holder of any such claim is caused shall be jointly and severally liable, both personally and upon his official bond, if bonded, to such owner or holder to the extent of such loss or injury, including attorneys’ fees and other collection costs. Any failure to make such deposit as required by the section or to apply the same as herein provided shall be construed as a diversion or a misappropriation, and any owner or holder of any claim then or at any time in the future payable from such fund may at any time enter suit in any court of competent jurisdiction against the official responsible therefor and the surety upon his official bond, if bonded, both to recover for any loss or injury thereby sustained and to compel the observance of these provisions in the future.

(Acts 1939, No. 186, p. 334, §2; Code 1940, T. 52, §217; Acts 1982, 2nd Ex. Sess., No. 82-778, p. 282, §2.)

§ 16-13-99 Place and Method of Payment

All warrants issued hereunder may be made payable as to principal and interest at such banks within or without the State of Alabama as the issuing board of education may designate. The county or city superintendent of education and the custodian or treasurer of school funds, as the case may be, shall deposit sufficient funds in such bank designated by the issuing board, as the bank at which its warrants are payable to meet all maturing installments of principal of and interest on its warrants promptly as the same shall fall due. The amounts due on principal and interest of school warrants issued heretofore and hereunder shall be remitted by said banks at par, including any premium due on called warrants, and without the deduction of exchange, handling, or collection costs from the amount due the holders of said warrants. Each issuing board of education shall be authorized to compensate any paying agent bank in an amount deemed reasonable by the board of education for the services to be rendered and the expenses to be incurred by the paying agent bank.

(Acts 1939, No. 186, p. 334, § 7; Code 1940, T. 52, §222; Acts 1951, No. 867, p. 1502, § 1; Acts 1987, No. 87-825p. 1673, § 1.)

§ 16-13-100 Payment of Incidental Costs

The board of education issuing any warrants hereunder may pay the cost of printing the warrants, the cost of advertising the sale, the attorneys’ fees for preparing proceedings, the attorneys’ fees for furnishing an opinion as to legality acceptable to the purchaser and other expenses incidental to the issue of the warrants, but only the actual cost thereof shall be paid and all such payments shall be made to those actually rendering such services and not to the purchaser of the warrants, in a lump sum or otherwise; provided, that the board of education may employ any bank or banks and person or persons to assist in making arrangements relating to the issue of refunding warrants hereunder and the sale or exchange thereof and may pay them for such services subject to the approval of the State Superintendent of Education. This section shall not authorize the payment of a commission or other compensation for procuring a purchaser of capital outlay warrants issued hereunder.

(Acts 1939, No. 186, p. 334, §13; Code 1940, T. 52, §228.)

§ 16-13-101 Redemption of Warrants Prior to Maturity

Any board of education issuing warrants hereunder may, if such action shall be deemed advisable by the issuing board, retain in the proceedings authorizing the issuance of such warrants an option to redeem prior to maturity all or any part thereof, as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings and as may be briefly recited in the face of such warrants; provided, that the redemption price for any warrant redeemed prior to maturity shall not exceed the par value of that warrant plus accrued interest thereon to the date fixed for redemption and plus a premium not exceeding 12 months’ interest on such warrant computed at the rate it would by its terms bear on the date fixed for redemption if it had not been called for redemption. Notice of the call for redemption prior to maturity of any warrant issued hereunder shall be given by publication at least once, at least 30 days before the date fixed for redemption, in a newspaper published or circulated in the county and also in a daily newspaper published in Montgomery or Birmingham.

(Acts 1939, No. 186, p. 334, §5; Code 1940, T. 52, §220; Acts 1969, No. 593, p. 1080, §1.)

§ 16-13-102 Exchange and Delivery of Refunding Warrants

Notwithstanding the provisions of Sections 16-13-96 and 16-13-97, refunding warrants issued hereunder may without advertisement be exchanged for a like amount of the warrants being refunded. If part of an authorized issue is so exchanged, the officers authorized to effect such exchange may select from the total authorized issue the particular refunding warrants to be so delivered, and the maturities of the refunding warrants at any time outstanding need not meet the requirements of this article as to equal annual instalments of principal and interest. Refunding warrants may be delivered to a bank designated by the issuing board to be held in escrow pending delivery pursuant to an order of the issuing board for the delivery or exchange of such refunding warrants, all or any part of which warrants held in escrow may be issued and sold or exchanged as other refunding warrants issued under the terms of this article.

(Acts 1939, No. 186, p. 334, §10; Code 1940, T. 52, §225.)

§ 16-13-103 Validity of Warrants

Warrants reciting that they are issued pursuant to the terms of this article shall in any action or proceeding involving their validity be conclusively deemed to be fully authorized thereby and to have been issued, sold, executed and delivered in conformity therewith and with all other provisions of law applicable thereto and shall be incontestable, anything herein or in other statutes to the contrary notwithstanding, unless such action or proceeding is begun before or within 30 days after the day upon which the warrants are delivered and paid for, and no irregularity in the proceedings to authorize the issue of warrants hereunder nor the omission or neglect of any officer charged with the execution of any duties imposed by this article shall affect the validity of any warrants issued hereunder; provided, that the issuance of such warrants shall have been approved by the State Superintendent of Education.

(Acts 1939, No. 186, p. 334, § 14; Code 1940, T. 52, §229.)

§ 16-13-104 Exemption from Taxation

All warrants and interest coupons attached to the same issued hereunder shall be exempt from state, county and municipal taxation.

(Acts 1939, No. 186, p. 334, §15; Code 1940, T. 52, §230.)

§ 16-13-105 Warrants May Be Validated

All school warrants authorized by this article may, in the discretion of the board of education, be validated in a proceeding in accordance with Sections 6-6-750 through 6-6-757, or any similar proceedings prescribed by law, but such proceedings shall not be essential to the validity of such warrants.

(Acts 1939, No. 186, p. 334, §16; Code 1940, T. 52, §231.)

§ 16-13-106 Records

The county board of education or the city board of education, as the case may be, shall keep in its minutes a complete record of all warrants issued under the provisions of this article, which record shall show upon what authority the warrants are issued, the amounts in which issued, the persons to whom issued, the dates of issue, the purpose or purposes for which issued, the rate of interest to be paid and the time and place of payment of each installment of principal and interest. It shall be the duty of the superintendent of education to prepare in duplicate on the first day of October in each year, and whenever additional warrants are issued, a record showing all of the information required by this section as to all warrants then outstanding, and he shall deliver one copy of each such record to the custodian of county school funds or the treasurer of the city school funds, as the case may be.

(Acts 1939, No. 186, p. 334, §17; Code 1940, T. 52, §232.)

§ 16-13-107 Exclusiveness of Article

No warrants payable in any fiscal year later than the fiscal year in which they were issued shall be issued except in accordance with the provisions of this article.

(Acts 1939, No. 186, p. 334, §18; Code 1940, T. 52, §233.)

§ 16-13-108 Elections

(a) Elections for the purpose of voting special taxes for any school purpose or for school purposes generally under the constitution may be held at any time in accordance with law for one or more of the following purposes:

(1) Voting such tax where no such tax is being levied;

(2) Voting such tax for a period additional to the period for which the tax then being levied has been voted;

(3) Voting an additional rate of such tax where such tax has been voted at a rate less than the limit permitted by the constitution;

(4) Voting such tax for a different purpose from that for which the tax has already been voted and beginning with the fiscal year after such election, the purpose of the new election shall govern; provided, that the change of purpose for which a tax is voted shall not deprive the holders of outstanding warrants of their rights; or

(5) Voting such tax for the purpose of consolidation or enlargement of special tax districts; provided, that the holders of outstanding warrants shall not be deprived of their rights.

(b) No election for the voting of the tax shall be held which would authorize the tax for a period or aggregate periods which would cause the tax to become due and payable later than 30 years from the October 1 next after such election. All warrants heretofore or hereafter issued as preferred claims against a special tax under the constitution shall continue such claims against such tax until paid, whether such tax was voted at one time or from time to time and whether such tax was voted at the time the warrants were issued or thereafter.

(Acts 1939, No. 186, p. 334, §20; Code 1940, T. 52, §235.)

§ 16-13-109 Investment of Unused Proceeds in Government Securities

If any county or city board of education has issued and sold school warrants under the provisions of this article for school building purposes and if the proceeds of such warrants cannot now be used for school building construction due to priority regulations of the government of the United States, such board shall have the authority to invest the proceeds of such warrant sale in securities issued by the government of the United States of America having a fixed redemption value at the option of the holder of not less than the amount originally invested. County and city boards of education shall have the authority to use for debt service purposes any interest received on securities issued by the United States government in which the proceeds of school warrant sales are invested. When it becomes practicable for such boards of education to construct the school buildings for which said school warrants were originally issued, said boards of education shall have the authority to liquidate the securities in which the proceeds of warrant sales are invested and apply the same to the purposes for which the school warrants were originally sold.

(Acts 1943, No. 156, p. 141, §1.)

Article 6 Warrants for Special License, Privilege or Excise Taxes

§ 16-13-120 Authority to Issue; Interest Rate; Terms, Use of Proceeds, Etc

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

(Acts 1953, No. 528, p. 735, §1; Acts 1971, 1st Ex. Sess., No. 120, p. 202, §1; Acts 1986, No. 86-505, p. 986, §1.)

§ 16-13-121 Approval of Issue by State Superintendent of Education

Before issuing any warrants under Section 16-13-120, the county board of education or the city board of education, as the case may be, shall cause an application for approval of such issue to be filed with the State Superintendent of Education. Such application shall be in such form and shall contain such information as the State Superintendent of Education may prescribe, and he may require such further information as may be necessary relating to the proposed warrants or other financial or educational matters under the control of such board of education. He shall not approve the issue of any warrants which would jeopardize the state’s Foundation Program of education as prescribed by law and in accordance with the rules and regulations of the State Board of Education. He shall not approve the issue of any warrants hereunder when the principal or interest of any other warrants constituting a preferred claim against the same tax proceeds is overdue and unpaid, except warrants to refund the same. The written approval of the State Superintendent of Education of the amount and general purpose of the warrants shall be a sufficient approval of the issue, but he may at his discretion approve any of the terms and provisions of the warrants which in such event shall not be issued otherwise. He shall not approve the issuance of any refunding warrants unless evidence presented to him in his judgment shows:

(1) That an interest saving will thereby be affected without extending the date of payment of the warrants desired to be refunded; or

(2) That payment of warrants desired to be refunded will prevent the issuing board of education from operating schools the customary term in their jurisdiction; or

(3) That an extension of the time of payment of the warrants desired to be refunded is necessary to prevent the state’s Foundation Program from being jeopardized; or

(4) That the proceeds of the tax pledged for payment of the warrants to be refunded are not or will not be sufficient for the payment of the principal of and the interest on such warrants.

The state superintendent’s approval of the issue of any warrants hereunder shall be a conclusive determination that all necessary evidence has been presented to him. The written approval of the State Superintendent of Education of the issue of any warrants hereunder shall be a conclusive determination in favor of the validity of such warrants that all of the requirements of this article have been complied with. The State Superintendent of Education may also determine conclusively for all purposes relating to the validity of any warrants issued hereunder whether any other warrants constitute a preferred claim against the same tax. In all matters connected with his approval of warrants the State Superintendent of Education shall comply with any regulations or instructions of the State Board of Education, but his failure to do so shall not affect the validity of warrants approved by him.

(Acts 1953, No. 528, p. 735, §2; Acts 1995, No. 95-314, p. 634, §26.)

§ 16-13-122 Provisions of Article Cumulative

The provisions of this article are cumulative and shall not be deemed to restrict or abridge any power which any board of education had prior to the adoption of said sections.

(Acts 1953, No. 528, p. 735, §3.)

Article 7 Budget System

§ 16-13-140 Established for County and City School Systems; Form of Annual Budget Required; Public Hearings Required

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

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

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

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

(e) No local board of education, or superintendent thereof, shall approve any budget for operation of the school for any fiscal year which shall show expenditures in excess of income estimated to be available by the various state and other officials, as required in Sections 16-13-141 and 16-13-142, plus any balances on hand, except under conditions set forth by the laws of the state governing the issuance of school warrants.

(Acts 1939, No. 454, p. 610, §§1, 2; Code 1940, T. 52, §236; Acts 1953, No. 82, p. 126, §1; Acts 1997, No. 97-624, p. 1096, §1.)

§ 16-13-141 Comptroller and State Superintendent to Estimate Funds

On or before the first day of September of each year, the Comptroller, or such state official as may be charged by law with the responsibility of estimating the income from the various state revenue measures, shall certify to the State Superintendent of Education the income estimated to be available during the next fiscal year to meet the various appropriations for the public elementary and high schools of the state. The state superintendent shall thereupon estimate the amount of each of these funds to be apportioned to each of the school systems of the state during the next fiscal year.

(Acts 1939, No. 454, p. 610, §3; Code 1940, T. 52, §238; Acts 1953, No. 82, p. 126, §2.)

§ 16-13-142 County and City Treasurer to Certify Estimated Funds Available

On or before the first day of September, the county treasurer of each county and the city treasurer of each city, the county tax assessor, or the official or officials in each county and city who are charged by law with the responsibility of determining or estimating revenues to be available for the operation of government in that county or city, shall certify in writing through the county or city superintendent of education in charge of schools in that county or city to the county or city board of education the assessed valuation of property on which taxes are to be collected during the next fiscal year and the amount of school taxes which may reasonably be expected to be derived from assessed valuations during that year. This official or these officials shall also certify in writing through the county or city superintendent of education to the county or city board of education the amount which may be expected to be available from any other fund or funds set aside by law or ordinance or in any other manner for school purposes in that county or city.

(Acts 1939, No. 454, p. 610, §4; Code 1940, T. 52, §239; Acts 1953, No. 82, p. 126, §3.)

§ 16-13-143 When Budget Official; Approval of Funds for Teachers’ Salaries; Changes in Budget; Approval Prerequisite to Receipt of Funds

(a) A budget shall become official and shall be followed in the matter relating to the financial operation of the schools of any school system when it has been prepared by the superintendent of education and approved by the county or city board of education, as the case may be, in accordance with the conditions prescribed above, and when a copy has been filed with and approved by the State Superintendent of Education.

(b) The State Superintendent of Education shall not approve the expenditure of public funds for the salaries of teachers unless said teachers hold valid teaching certificates and have been nominated in writing by the county or city superintendent of education and appointed by the county or city board of education, as the case may be.

(c) A county or city superintendent of education with the approval of his board shall have authority during the fiscal year to make such changes within the budget as are deemed desirable; provided, that schools are operated for the state minimum term according to rules and regulations of the State Board of Education; and provided, that a deficit is not incurred by such change or changes.

(d) No school board shall be entitled to receive any school funds apportioned by the State Board of Education for any fiscal year until that school board has filed a budget for that fiscal year with the State Superintendent of Education, which budget has been approved in accordance with the provisions of this article.

(Acts 1939, No. 454, p. 610, §6; Code 1940, T. 52, §241.)

§ 16-13-144 Prohibition and Penalty for Exceeding Budget; Waiver of Penalty

(a) No local board of education shall spend or obligate itself to spend more money in any fiscal year than the estimate of income available to that board of education for that year, plus balances on hand at the beginning of the fiscal year, which estimate shall be approved by the State Superintendent of Education, if the excess expenditure or excess obligation to spend results in a deficit for that fiscal year, except as provided in Section 16-13-145. The estimate of income shall include estimates of income from revenue receipts from all sources and estimates of nonrevenue receipts from all sources, but excluding all funds derived from loans other than loans obtained by the issuance of school warrants authorized by the laws of the state. This section shall not apply to any fiscal year where there is proration of education funds going to local boards of education. No funds shall be transferred by any board of education from salary allocations to any other expenditure or for any other purpose. In times of proration, salaries shall not be subject to proration.

(b)(1) If a local board of education in any fiscal year violates this section, the State Superintendent of Education shall reduce in the succeeding fiscal year the allotment from the Foundation Program Fund to which the local board of education is otherwise entitled an amount equal to one-fourth of the deficit.

(2) The State Superintendent of Education may waive all or part of the penalty if the school system has made a substantial effort to remove the deficit and agrees to develop an approved financial plan.

(c) If any local superintendent at any time makes a financial statement to his or her local board of education or to the State Superintendent of Education in which the superintendent purposely misrepresents the amount of the deficit or obligations outstanding of his or her local board of education, he or she shall be guilty of a misdemeanor and punishable by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500).

(Acts 1939, No. 454, p. 610, §7; Code 1940, T. 52, §242; Acts 1979, No. 79-763, p. 1363, §1; Acts 1995, No. 95-314, p. 634, §27; Acts 1996, No. 96-480, p. 608, §1.)

§ 16-13-145 Authority to Borrow Funds Against Revenues of Current Year; Authority to Contract with T.v.a. to Obtain Funds to Improve Energy-Inefficient School Buildings with Approval of State Superintendent

(a) Any local board of education shall have authority during any fiscal year upon the recommendation of the local superintendent of education, as the case may be, to borrow money in anticipation of the current revenues for that fiscal year and to pledge the current revenues for said fiscal year for the payment of such loan or loans if funds on hand are not sufficient to pay the salaries of teachers and to meet the current expenses when due; provided, that the party or parties making such loan or loans to a local board of education shall not be put upon inquiry as to the validity of such indebtedness because of this provision. The total amount of such loans a local board of education may have outstanding at any time during the fiscal year shall be determined as follows: From the total estimate of current revenue of that local board of education for that fiscal year, which estimate is approved by the State Superintendent of Education, deduct the sum of the current revenue already received for that fiscal year and the principal and interest due on school warrants during that fiscal year and unpaid at that time and the difference shall be the maximum amount of current loans said local board of education can have outstanding in anticipation of current revenue at any given time. All such current loans shall be due and payable not later than the close of the fiscal year for which the current revenue is pledged provided that if the State of Alabama makes the final apportionment of school funds for a fiscal year after the close of that fiscal year, such loans may be extended at the close of the fiscal year until such time as the state makes its final apportionment. If for any reason at the close of a fiscal year a local board of education does not have on hand sufficient funds to retire all current loans, the party or parties making such loans to the local board of education shall not be put upon inquiry as to the validity of such loan or loans due to any provision of this article and any such loans unpaid at the close of any fiscal year shall become a first lien on the current revenue of the succeeding fiscal year subject only to the prior lien of principal and interest due on school warrants if such warrants are outstanding. At no time shall loans be secured to meet the current expenses in any year which shall pledge the school revenues of any other fiscal year; provided, that expenditures for teachers’ salaries for services rendered and for transportation for the scholastic year, July 1 to June 30, inclusive, for any year, and expenditures for fuel and school classroom materials and supplies to be consumed in the scholastic year, July 1 to June 30, inclusive, for any year, shall be paid from cash on hand and if for any reason the local boards of education do not have on hand sufficient funds to pay such expenditures then the local boards of education shall have authority upon the recommendation of the local superintendent of education, as the case may be, to borrow money to pay for such expenditures and to pledge therefor the school revenue for the ensuing fiscal year; provided, that such loan must be repaid during that fiscal year for which the school revenue is pledged.

(b) Notwithstanding the provisions of subsection (a) of this section, Section 16-13-144, or any other provision of law, any local board of education upon the recommendation of the local superintendent of education shall have authority to contract with the Tennessee Valley Authority for the purpose of obtaining funds from the Tennessee Valley Authority’s Commercial and Industrial Energy Conservation Financing Plan or any similar plan developed by the Tennessee Valley Authority, in accordance with the terms and conditions established for such programs by the Tennessee Valley Authority, to assist said local board of education in modifying any school buildings as may be determined to be energy-inefficient in order to improve the energy efficiency of such buildings. No contract authorized by this subsection shall be effective until approved by the State Superintendent of Education.

(Acts 1939, No. 454, p. 610, §8; Code 1940, T. 52, §243; Acts 1981, 2nd Ex. Sess., No. 81-1081, p. 332, §1; Acts 1995, No. 95-314, p. 634, §28.)

§ 16-13-146 Interest Rate on Current Loans

County and city boards of education shall have authority to pay interest at a rate not exceeding eight percent per annum on current loans secured in accordance with the provisions of Section 16-13-145. County and city boards of education shall have the right to call upon the State Superintendent of Education for assistance in securing loans at as low an interest rate as possible.

(Code 1940, T. 52, §244; Acts 1981, No. 81-822, p. 1465, §9.)

§ 16-13-147 Payment of Teachers’ Salaries When Due

It shall be the duty of county and city boards of education to pay teachers’ salaries promptly when due and, if funds on hand are insufficient, to secure such current loans as are necessary to pay teachers’ salaries and other current expenses when due in accordance with the provisions of Section 16-13-145. If any board of education fails to pay the salaries of its teachers in its employ for any month within 10 days after such salaries are due, the county or city superintendent of education, as the case may be, must on the eleventh day of such delinquency make a full and complete report to the State Superintendent of Education of the reasons for such delinquency. No county or city board of education shall have the authority to issue certificates of indebtedness to teachers or to other creditors of the board, but if current funds on hand are insufficient to pay teachers’ salaries and other current expenses when due, the board shall secure current loans and pay its teachers and other current expenses on time as authorized in Section 16-13-145.

(Acts 1939, No. 454, p. 610, §10; Code 1940, T. 52, §245.)

Article 8 One-Mill County School Tax

§ 16-13-160 Petition for Election; Calling of Election

Upon a petition signed by 200 or more qualified electors of the county, who are also freeholders, to the county commission in any county within the State of Alabama, the said commission shall order an election to determine whether or not a special tax of one mill shall be levied for the support of the public schools within said county as hereinafter provided.

(School Code 1927, §253; Code 1940, T. 52, §246.)

§ 16-13-161 Election Notice

There shall be made publication of the election in some newspaper within the county, which publication shall show the rate of such proposed tax, the time it is proposed to be continued and the purpose for which the levy is proposed to be made.

(School Code 1927, §254; Code 1940, T. 52, §247.)

§ 16-13-162 Election Officers; Conduct of Election

(a) The inspectors and officers of the election shall be appointed and such elections shall be held and the result of said elections shall be declared in the same manner and by the same officers as is the result of the regular elections for county officers under the general laws of the state.

(b) The election provided for in this article may be had at the time of holding any regular election within the county; and, if held at any such time, the inspectors and officers of the general election shall conduct at the same time the election herein provided for; and for such services they shall receive no compensation other than that allowed them for the holding of the general election; but if such an election is had at any other time than that of holding a regular election within the county, then the election officers shall receive the same pay as that for holding a general election.

(School Code 1927, §§255, 260; Code 1940, T. 52, §§248, 253.)

§ 16-13-163 Electors

All persons who are at the time of such election qualified electors in the county where such election is held under the laws and Constitution of Alabama then in existence shall be qualified electors to participate therein.

(School Code 1927, §256; Code 1940, T. 52, §249.)

§ 16-13-164 Ballot and Election Supplies

The county commission shall provide a sufficient number of ballots for each voting precinct within said county, and at the top of each ballot shall be printed the rate of such proposed tax, the time it is to be continued and that the purpose is for the support of the public schools, and directly underneath in plain type shall be printed on different lines the words, “For proposed taxation,” “Against proposed taxation,” and a place must be left directly to the left of each line thereof, and the voters favoring the proposed taxation will make a cross mark directly to the left of the line, “For proposed taxation,” and the voter not favoring proposed taxation will make a cross mark directly to the left of the line “Against proposed taxation.”

(School Code 1927, §257; Code 1940, T. 52, §250.)

§ 16-13-165 Levy and Assessment of Tax

If three fifths of those voting at said election have voted for the proposed taxation, the county commission shall levy said special tax and cause the tax assessor to assess the same on the taxable property in said county, which shall not exceed $.10 on each $100.00 of taxable property in said county; but the rate of such special tax shall not increase the rate of taxation, state and county combined, in any one year to more than $1.25 on each $100.00 of taxable property in said county, but all special county taxes for public buildings, roads, bridges and the payment of debts existing at the ratification of the Constitution of 1875 shall not be included in the aforesaid $1.25 on the $100.00 of taxable property.

(School Code 1927, §258; Code 1940, T. 52, §251.)

§ 16-13-166 Collection of Tax

The tax collector shall collect such special tax in the same manner and under the same requirements and laws as taxes of the state are collected, shall keep said amount separate and apart from all other funds, shall keep a clear and distinct account thereof and shall turn the same over to the custodian of county school funds whose duty it shall be to receipt therefor. The county board of education shall apportion the same to the various schools throughout the county in the same manner as the public school funds from the state are apportioned in said county.

(School Code 1927, §259; Code 1940, T. 52, §252.)

Article 9 County and District Three-Mill School Taxes

§ 16-13-180 Petition for Election; Calling of Election

Upon a petition signed by 200 or more qualified electors of any county to the county commission, said county commission shall order an election to be held at the time specified in said petition to determine whether or not a special tax shall be levied for public school purposes within said county; and, upon request of the county board of education to the county commission, said court shall order an election to be held at the time requested by the said board of education to determine whether or not a special tax shall be levied for public school purposes within any school tax district in the county under the control of such board; and, upon the request of any city board of education to the county commission, said court shall order an election to be held at the time requested by said board of education to determine whether or not a special tax shall be levied for public school purposes within said city.

(School Code 1927, §261; Code 1940, T. 52, §254.)

§ 16-13-181 Request by Board of Education for Election

Upon the written request of the county board of education or of the board of education of any city having a city board of education for a special election in any school tax district under the control of the respective board, the county commission shall call an election at the time and for the rural or city school tax districts as requested by the respective board of education and shall appoint three managers and one returning officer for each voting place in the school tax district or at such special voting places as may be designated for the special election by the judge of probate of the county who shall locate such voting places, upon the recommendation of the county board of education, and such special voting places shall be set out in the notices of the special election.

(School Code 1927, §265; Code 1940, T. 52, §258.)

§ 16-13-182 When District Tax Cannot Be Levied

No election in any rural or city school tax district shall be held for the purpose of levying and collecting a special school tax for school purposes unless the county in which said rural or city school tax district is located shall be levying and collecting special county taxes for school purposes of not less than $.30 on each $100.00 worth of taxable property in such county.

(School Code 1927, §262; Code 1940, T. 52, §255.)

§ 16-13-183 Election Notice

The sheriff must give notice at least 30 days before any election to be held under this article, by publication in some newspaper in the county, if any is published therein, and if not, by writing posted at the courthouse door and at three other public places in the county of the time of holding, and when any election is to be held for a special tax for school purposes in any rural or city school tax district, written notices shall be posted in three public places within said district 30 days prior to said election. Said publications, both for special county and school tax district elections for school purposes, shall show the rate of such proposed tax, the time it is proposed to be continued, the purpose for which the levy is proposed to be made and a description of the boundaries of the proposed school tax district.

(School Code 1927, §263; Code 1940, T. 52, §256.)

§ 16-13-184 Election Officers; Conduct of Election

(a) The inspectors and officers of the special county election shall be appointed and said election shall be held and the results of such election shall be declared in the same manner and by the same officers as the results of the regular election for county officers, under the general election laws of the state; provided, that the election may be held at the time for holding any regular election in the county; and, if held at such time, the inspectors and officers of the general election shall conduct at the same time the election herein provided for and for such services they shall receive no compensation other than that allowed them for the holding of the general election. If the election is held at some other time than that of holding the regular election in the county, then the election officers shall receive the same pay as that for holding the general election.

(b) The managers and returning officers, provided for above, shall conduct and make return of such election in the rural or city school tax district; and, in the event such election officers fail to appear at the polling place to which they are appointed, the officer or officers who do appear shall appoint someone to take their places. All election officers shall be residents of the special school tax district and qualified electors of the beat or precinct in which they reside. The sheriff shall notify all officers of their appointment by the county commission. The managers of such election shall open and close the polls pursuant to Section 17-7-5.1 on the date of election and, immediately upon closing the polls, shall ascertain the results of the election at their respective voting places, and make returns of the same to the county commission and deliver the ballot box containing the returns, with the poll lists, tally sheets and other necessary papers, to the returning officers of such voting places, who shall deliver the same to the county commission on or before noon of the second day of the said election. The county commission shall, within four days after said election, canvass the returns so made and under oath make a written report declaring the result of said election in said school tax district, showing the number of votes cast, both for and against the proposed taxation. A copy of such report shall be printed in some newspaper published in the county, and the original shall be filed in the office of the probate judge. Except as otherwise provided herein, said election shall be held under the general laws of the state.

(School Code 1927, §§264, 267; Code 1940, T. 52, §§257, 259; Acts 1987, No. 87-599, p. 1043, §1.)

§ 16-13-185 Expenses of Election

The officers, including the sheriff, shall perform the same duties and receive the same pay as provided for under the general election laws aforesaid, and all costs and fees of said election shall be paid out of the county treasury.

(School Code 1927, §269; Code 1940, T. 52, §260.)

§ 16-13-186 Election Supplies

When any election is to be held in any county or in any rural or city school tax district, under the provisions of this article, the county commission shall provide the necessary number of ballots, poll lists, tally sheets, ballot boxes, booths, instructions for holding the election and all other necessary and proper stationery for holding said election; and the sheriff shall see that the same are delivered to the managers before the day of the election.

(School Code 1927, §278; Code 1940, T. 52, §267.)

§ 16-13-187 Ballots

The ballots used in said election shall have printed at the top the purpose of such election and, if a tax is proposed to be levied, there shall be printed at the top the rate of such proposed tax, the time such tax is proposed to be continued and that it is to be used for public school purposes. Where the election is only for a proposed tax levy, directly underneath such statement at the top of the ballot in plain type shall be printed on different lines the words, “For proposed taxation,” “Against proposed taxation”; and, where the election is for consolidation of school tax districts or a school tax district and adjacent territory and proposed taxation, there shall be so printed the words, “For proposed consolidation and taxation,” “Against proposed consolidation and taxation.” A blank must be left directly to the left of each line so that the voter may indicate his choice by a cross mark directly to the left and in front of the line expressing his choice.

(School Code 1927, §279; Code 1940, T. 52, §268.)

§ 16-13-188 Election Result; Levy, Amount and Duration of Tax; Limitation on Use of Proceeds

The county commission shall declare the result of the election; and, where the electors have voted so as to require the levy of a tax, the county commission shall levy said special tax and cause the tax assessor to assess the same on the taxable property in said county or in said rural or city school tax district, as the case may be, which shall not exceed $.30 on each $100.00 worth of taxable property in said county or in said rural or city school tax district, as the case may be. Any special tax levied hereunder shall not be for a shorter term than two years. In all elections hereafter held, if the specific purposes for which said tax, when levied, shall be used is printed on the ballots to be used in said election, it shall be unlawful for the county board of education to apply it to any other purpose.

(School Code 1927, §280; Code 1940, T. 52, §269.)

§ 16-13-189 Electors

Where the election is for the entire county, all persons who are at the time of such election qualified electors of the county, or where the election is held for a school tax district all persons who at the time of such district election are qualified electors of the district and reside in such district shall be qualified electors to participate therein. Any person who participates in any such election or any person who votes in any such election without being so qualified shall upon conviction be fined not over $500.00.

(School Code 1927, §291; Code 1940, T. 52, §274.)

§ 16-13-190 Validation of Elections

Each election heretofore held in any school district or in any municipality or in any county at large, in this state on the question of the levy of a special tax for any school or educational purpose, or for school or educational purposes generally, under the Constitution of Alabama or any amendment thereto, or upon the question of the consolidation of two or more school districts and the levy of such a tax in the consolidated school district resulting from such consolidation, at which election a majority of the ballots cast were in favor of the levy of the tax, or in favor of the proposed consolidation and the levy of the tax in the consolidated district, as the case may be, and which election was irregular because of failure prior to the holding of the election to give notice thereof in a newspaper or by posting in the manner or for the time required by the statute under which the election was held, or because the period of time for which the tax was voted at the election exceeded the maximum period of time for which the tax was then permitted by the appropriate statute, or because of any other irregularity in any proceedings pertaining to the election, shall be and each such election is hereby ratified, and each such election shall be given effect in all respects as if all provisions of law relating to such election had been duly and legally complied with. The tax voted on at each such election shall be levied and collected for the remaining period of the time specified for the levy thereof in the election proceedings, and each such consolidation of school districts and levy of the tax provided for in such consolidation proceedings shall be effective in accordance with the authorization purported to have been given at such election.

The provisions of this section shall not apply to any election which prior to the enactment of this section shall have been heretofore held or declared irregular by the governing body of the county in which the election was held or shall have been held invalid by the Supreme Court of Alabama or by final judgment of the circuit court in the county in which the election was held and from which judgment an appeal was not taken to the Supreme Court of Alabama within the time provided by law for the taking of such appeal, or to any election the validity of which is in issue in any pending action commenced prior to January 1, 2006.

(Acts 1971, No. 984, p. 1759, §1; Acts 1984, 1st Ex. Sess., No. 84-782, p. 162, §1; Acts 1985, 2nd Ex. Sess., No. 85-920, p. 200, §1; Act 2006-516, p. 1190, §1.)

§ 16-13-191 School Tax District - Boundaries Fixed by County Board

In order to make it possible to work out a system of local tax units adapted to the needs of the whole county, the county board of education of its own initiative shall fix the boundaries of any school tax district within its jurisdiction in which it is proposed to levy a local school tax. In making application for a special election in any such district, the county board of education shall submit a map made by the county surveyor, or other competent person, showing the boundaries of the school tax district for which a special tax levy is proposed, indicating the section or sections and ranges, together with the correct description of the boundaries of the said district for which a special tax levy is proposed. These maps shall also show the location of public utilities, such as power plants, railroad and telegraph lines, if any, in such districts, and the railroad mileage for each and every corporation having property therein. The county superintendent shall include a full and correct description of such boundaries in the minutes of the county board of education and shall also furnish a full and correct description of such boundaries, including a map, to the probate judge, who shall record the same in a book to be kept by him for that purpose also to the Department of Education and to the Department of Revenue or other board exercising corresponding powers, including as many copies of such map as there are public utilities.

(School Code 1927, §270; Code 1940, T. 52, §261.)

§ 16-13-192 School Tax District - Map - Required Generally; Duration of Boundaries

The county board of education shall have a proper map of such school tax district made and recorded as herein provided.

The levy of the district school tax shall operate to fix the boundaries of such school tax district for the time of such special levy, except as hereinafter provided.

(School Code 1927, §272; Code 1940, T. 52, §262.)

§ 16-13-193 School Tax District - Map - Not Required of City School Tax District

Any city having a city board of education shall constitute an independent school tax district for the purpose of levying the tax authorized under this article, but it shall not be necessary for the city board of education when making application or request for a special election under the provisions of this article to submit the map or the description of boundaries.

(School Code 1927, §273; Code 1940, T. 52, §263.)

§ 16-13-194 School Tax District - Consolidation - Generally

When it shall seem desirable to enlarge any school tax district by consolidating with it any adjacent territory or district, which may or may not be levying any special school tax, the county board of education may petition the county commission to call an election in all of the districts concerned, including the school tax district proposed to be enlarged to determine whether a special tax for a uniform rate and time shall be voted in each and every one of the districts. The proposed rate and time shall not be less than the maximum rate in any school tax district or the maximum time in any such district.

(School Code 1927, §275; Code 1940, T. 52, §264.)

§ 16-13-195 School Tax District - Consolidation - City District with Other Territory

When it shall seem desirable to consolidate with a city school tax district having a city board of education, either a county school tax district or territory adjacent to such city school tax district which does not lie within the corporate limits of the city, so as to vest the control of educational matters of such proposed consolidated school tax district in said city board of education, the county board of education and city board of education shall agree upon the terms of consolidation and concurrently request the county commission to call an election in all the territory proposed to be consolidated to determine whether such school tax district or territory adjacent to said city school tax district should be consolidated with the city school tax district and the educational affairs of all the territory proposed to be consolidated placed under the control of the city board of education of such city, and whether or not a special tax for a uniform rate and time shall be voted for such proposed school tax district. In the event of such consolidation, the rate and time of the three-mill district tax, if levied, shall be for such time as prescribed in the agreement between the boards; provided, that the rate and time shall not be less than the maximum rate and the maximum time of any such district or territory included in said consolidation.

(School Code 1927, §276; Code 1940, T. 52, §265.)

§ 16-13-196 School Tax District - Consolidation - Effect

Thereupon the county commission shall call an election in like manner as already prescribed for calling an election in a school tax district in the special districts or district and adjacent territory proposed to be consolidated, and if a majority of the qualified electors voting in the combined territories of the districts or district and adjacent territory proposed to be consolidated shall vote favorably, the districts or district and adjacent territory shall be consolidated into a new special school tax district, and the tax as voted shall be levied and collected in the new district as a unit, but the creation of a new district shall not operate to relieve the county board of education of liability for the just obligations made prior to such consolidation. In the event a majority of the qualified electors voting in the combined territories of the districts or district and adjacent territory proposed to be consolidated shall vote against the proposed consolidation, said consolidation shall not be made and each district shall remain as before with the same taxing privileges.

(School Code 1927, §277; Acts 1935, No. 507, p. 1090, § 6; Code 1940, T. 52, §266.)

§ 16-13-197 Collection of Tax

Whenever such a levy as is provided for in this article is made, it shall be the duty of the tax collector within and for that county to collect such tax in the same manner and under the same requirements and laws as the taxes of the state are collected, and he shall keep said amount separate and apart from all other funds and keep a clear and distinct account thereof, showing what amount is paid, and turn the same over to the county custodian of school funds whose duty it shall be to receipt therefor, and pay the same on monthly payrolls and other prescribed forms, with the authority and approval of the county board of education.

(School Code 1927, §287; Code 1940, T. 52, §270.)

§ 16-13-198 Use of District Funds

The funds arising from levying a special tax for school purposes in any school tax district under the jurisdiction of the county board of education shall be used for the exclusive benefit of the public schools of such districts; provided, that in any school tax district where such tax is being levied there is no public school, the funds arising from levying said tax may be used for the purpose of transporting school children residing in such district to a school located in another district. In the case of cities and towns under independent boards, said county tax collector shall collect said taxes and pay over the same to the treasurer of said city or town to be used for the exclusive benefit of the schools thereof in accordance with the law.

(School Code 1927, §289; Acts 1931, No. 481, p. 559; Code 1940, T. 52, §272.)

§ 16-13-199 Municipality May Remain Under County Board of Education; Disposition of Tax When City Assumes Control of Schools

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

(School Code 1927, §290; Acts 1935, No. 507, p. 1090, §8; Code 1940, T. 52, §273.)

Article 10 Notes in Anticipation of Warrants

§ 16-13-210 Definitions

Whenever used in this article, unless a different meaning clearly appears in the context, the following terms shall be given the following respective meanings:

(1) BOARD OF EDUCATION. Any county board of education and any city board of education.

(2) NOTES. The warrant anticipation notes authorized to be issued under this article.

(3) WARRANTS. The interest-bearing tax anticipation warrants authorized to be issued by a board of education under Article 4 of this chapter and the capital outlay warrants authorized to be issued by a board of education under Article 5 of this chapter.

(Acts 1979, No. 79-823, p. 1538, §1.)

§ 16-13-211 Borrowing Money in Anticipation of Warrants Authorized; Issuance of Notes

Any board of education may borrow money in anticipation of the issuance of warrants for use for any of the purposes described in Section 16-13-70(a) or Section 16-13-90 and, in evidence of such borrowing, issue from time to time notes maturing not later than 18 months from the date of issuance and bearing such rate or rates of interest as the board of education issuing such notes may provide in the proceedings wherein the notes are authorized to be issued.

(Acts 1979, No. 79-823, p. 1538, §2; Acts 1981, 2nd Ex. Sess., No. 81-1050, p. 295, §1; Acts 1982, No. 82-577, p. 1075, §1.)

§ 16-13-212 Notes Not General Obligation; Board May Pledge Tax Proceeds

The principal of and interest on such notes shall not be general obligations of the board of education issuing said notes but shall be payable from the principal proceeds from the sale of the warrants with respect to which such notes are issued and, to the extent necessary, from the tax proceeds which the issuing board of education may pledge to the payment of such warrants. Any board of education may secure payment of the principal of and interest on the notes by a pledge of so much as may be necessary therefor of such tax proceeds.

(Acts 1979, No. 79-823, p. 1538, §3.)

§ 16-13-213 Refunding, Renewing or Extending Notes

Any notes issued pursuant to this article may be refunded or renewed or extended for two additional periods of not more than 18 months from the date of maturity of such notes being refunded or renewed or extended, but otherwise pursuant to all of the terms and conditions of this article, whether or not the capital improvements with respect to which such outstanding notes were issued have been completed, if the state superintendent shall approve such refunding, renewal or extension.

(Acts 1979, No. 79-823, p. 1538, §4; Acts 1982, No. 82-435, p. 685, §1.)

§ 16-13-214 Notes Sold at Public or Private Sale

Any notes issued pursuant to the provisions of this article may be sold either at public or private sale as the board of education issuing such notes shall determine and the State Superintendent of Education shall approve.

(Acts 1979, No. 79-823, p. 1538, §5.)

§ 16-13-215 Approval of Note Issue by State Superintendent; Procedure; Conclusive Determination

(a) Before issuing any notes hereunder, the board of education by which such notes are proposed to be issued shall cause an application for approval of such issuance to be filed with the State Superintendent of Education. Such application shall be in such form and shall contain such information as the State Superintendent of Education may prescribe, and he may require such further information as may be necessary relating to the proposed notes or other financial or educational matters under the control of such board of education. He shall not approve the issue of any notes hereunder which would jeopardize the Minimum State Program of education as prescribed by law and in accordance with the rules and regulations of the State Board of Education. He shall not approve the issue of any notes hereunder when the principal of or the interest on any other notes or any other warrants constituting a preferred claim against the tax proceeds to be pledged for payment of the proposed notes and warrants is overdue and unpaid, except to refund the same. The written approval of the State Superintendent of Education of the amount and general purpose of the notes shall be a sufficient approval, but he may at his discretion approve any of the terms and provisions of the notes which in such event shall not be issued otherwise.

(b) The written approval of the State Superintendent of Education of the issue of any notes hereunder shall be a conclusive determination that all necessary evidence has been presented to him, and a conclusive determination in favor of the validity of such notes that all of the requirements of this article have been complied with. The State Superintendent of Education may also determine conclusively for all purposes relating to the validity of any notes issued hereunder whether any other notes or warrants constitute a preferred claim against the tax proceeds out of which the proposed notes are payable. In all matters connected with his approval of notes, the State Superintendent of Education shall comply with any regulations or instructions of the State Board of Education, but his failure to do so shall not affect the validity of the notes approved by him.

(Acts 1979, No. 79-823, p. 1538, §6.)

§ 16-13-216 Exemption from Taxation

All notes issued pursuant to the provisions of this article, all interest paid thereon and all income derived therefrom shall forever be exempt from all state, county, municipal and other taxation under the laws of Alabama.

(Acts 1979, No. 79-823, p. 1538, §7.)

§ 16-13-217 Legal Investments for Fiduciaries

The notes issued pursuant to the provisions of this article shall be legal investments for executors, administrators, trustees and other fiduciaries.

(Acts 1979, No. 79-823, p. 1538, §8.)

Article 11 Foundation Program Fund

§ 16-13-230 Establishment of Fund

There is hereby established a fund for the public schools of the state which shall be known as the Foundation Program Fund and which shall be used for providing a minimum school term and for providing educational opportunities. This fund shall comprise all appropriations made by the Legislature to the credit of the Foundation Program Fund and any other funds set aside for that purpose.

(Acts 1995, No. 95-314, p. 634, §1.)

§ 16-13-231 Purposes and Plan of Apportionment

(a) In addition to all other appropriations and apportionments of public school money now provided by law and made available for public schools there shall be apportioned and paid to local boards of education from the Foundation Program Fund, the amounts to be determined as hereinafter provided and in accordance with regulations of the State Board of Education. This Foundation Program Fund shall be used principally:

(1) To aid in providing at least a 180 full instructional day minimum school term, or the hourly equivalent thereof, except as otherwise provided in paragraph c. of subdivision (1) of subsection (b); and,

(2) To assist in the promotion of educational opportunity for all children in the public schools.

(b) The following requirements and procedures, supplemented when necessary by regulations of the State Board of Education, shall govern the apportionment of the fund:

(1) REQUIREMENTS FOR PARTICIPATING IN FUND. In order for a local board of education to share in the apportionment of the Foundation Program Fund and to receive the maximum benefits therefrom, the board shall meet the following conditions:

a. The appropriate local governing body must insure that the local board of education within its jurisdiction is receiving an amount of local tax receipts equivalent to ten mills of school tax as computed from the most current assessed valuation of property which comprises the school tax district or districts of the local board of education. The State Superintendent of Education shall determine compliance with this provision of the law in accordance with rules or procedures adopted by the State Board of Education. In determining compliance for a county board of education, tax revenues provided to the county board of education from the county, from whatever tax source derived, shall be considered. In determining compliance for a city board of education, tax revenues provided to the city board of education by the county and the city, from whatever tax source derived, shall be considered.

b. In the expenditure of all funds available for the Foundation Program as herein defined, the local board of education shall as nearly as practicable provide the same length of term in all schools.

c.1. The local board of education shall provide a school term of at least 180 full instructional days, or the hourly equivalent of no less than 1080 instructional hours. The local academic school calendar shall be annually established by the local board of education, within the parameters of subparagraph 3. In case the local board of education fails to operate any schools the minimum 180 full instructional day term, or the hourly equivalent thereof, or the minimum term as defined by the State Board of Education, the Foundation Program allowances of the local board of education shall be computed only for the actual period the schools are in session that school year.

2. In extreme circumstances involving natural occurrences, health-related occurrences, or other extenuating circumstances that result in the cancellation of an instructional day, a local board of education may submit a plan for the approval of the State Superintendent of Education to replace cancelled instructional days by adjusting the school calendar to extend the hours of actual teaching time on specified instructional days. At any time the Governor declares a state of emergency for any part of the state, any affected school system that is closed as a result and loses student days or employee days, or both, may appeal to the State Superintendent of Education for relief in fulfilling the local school calendar with respect to student days or employee days, or both, with no loss of income to employees.

3. The local board of education, in providing the minimum required number of instructional days or hours, shall have greater flexibility in establishing the school calendar by adjusting the days or extending the hours of actual teaching or instructional time provided on specified instructional days for the schools under the jurisdiction of the local board. The academic school calendar, established by the local board of education, shall include the minimum required number of instructional days or hours.

d. The local board of education shall expend funds for teachers’ salaries in accordance with a salary schedule adopted by the local board of education and approved by the State Superintendent of Education. The salary schedule shall be at least 100 percent of those salary amounts specified in the State Minimum Salary Schedule by cell.

The local board of education shall allocate state and local Foundation Program funds to each school in an equitable manner, based on the needs of the students and the schools, as reflected in the current year’s actual student populations, including at-risk students, students receiving special education services, and students enrolled in vocational/technical educational programs. The local board of education shall report annually to the State Board of Education on how all state and local funds for public education, including Foundation Program funds and capital outlay funds, have been allocated to each of its schools or area vocational centers.

e. The local board of education shall submit to the State Superintendent of Education, under the regulations of the State Board of Education, the following:

1. A proposed building program which sets out in detail the location of all present and proposed buildings; which indicates proposed educational centers and grades to be taught at these centers and which provides schools for all children of the local board of education.

2. Except for those city boards of education not maintaining a transportation system, a proposed transportation program showing the proposed routing of buses and the condition of all roads to be used for transportation.

3. A proposed professional development program which sets out in detail the professional development needs of employees of the local board of education.

4. A proposed technology program which sets out in detail the proposed expenditures of technology funds.

5. A proposed program for the provision of services to students with disabilities and gifted students in compliance with applicable state and federal laws.

6. A proposed program for the provision of vocational educational services in compliance with applicable state and federal laws.

7. A proposed program for the provision of educational services to at-risk students in compliance with applicable state and federal laws. The proposed program for at-risk students shall include the provision that all funds allocated shall be spent for at-risk students.

f. The local board of education shall meet such other standards as may be set up by the State Board of Education to promote improved educational opportunity and provide better schools.

(2) DETERMINING COST OF FOUNDATION PROGRAM. In determining the cost of the Foundation Program, the Legislature, based on the recommendation of the State Board of Education, shall proceed to find the following allowable costs for each local board of education: Teachers’ salaries, fringe benefits, classroom instructional support, student growth, and other current expense. The rate per employee set by the Legislature for teachers’ retirement and employees’ health insurance shall be in effect for the entire fiscal year and shall not be increased by the Teachers’ Retirement System or the Public Education Employees’ Health Insurance Board, except by further action of the Legislature.

a. The Foundation Program allowance for salaries of teachers shall be determined as follows: The number of teacher units allowed in Section 16-13-232 for each local board of education shall be multiplied by the amount or amounts per teacher unit, which amounts shall be based on the average salaries for each major classification required by the operation of the State Minimum Salary Schedule established by the Legislature in the Education Trust Fund appropriation bill and adopted by the State Board of Education. In recommending to the Governor and the Legislature the State Minimum Salary Schedule the State Board of Education shall give due consideration to degree level, certification, and public education experience. Any teacher, including, but not limited to, a vocational education teacher, currently under contract in excess of 187 days shall not have the term or salary of his or her contract reduced as a result of this article.

b. The Foundation Program allowance for fringe benefits shall be determined by multiplying a uniform percentage times the amount of teachers’ salaries allowed in paragraph a. above or by multiplying a fixed rate depending on the type of fringe benefit. The fringe benefits allowances shall include amounts for the employer’s contribution for teachers’ retirement, health insurance, Social Security, Medicare, unemployment compensation, personal leave, and sick leave. The fringe benefits allowance may include allowances for other fringe benefits as may be approved by the State Legislature. The State Legislature shall seek the input and advice of appropriate agencies and individuals in setting allowances. The Teachers’ Retirement System and the Public Education Employees’ Health Insurance Board shall recommend to the Legislature, on or before the first legislative day of each regular session of the Legislature, the rate for the following fiscal year. The Legislature shall set the rate in the annual appropriation bill.

c. The Foundation Program allowance for classroom instructional support shall be determined by multiplying a uniform amount times the number of teacher units allowed in Section 16-13-232. The uniform amount shall include allowances for library enhancement, classroom materials and supplies, professional development, and technology. The library enhancement appropriation shall be for K-12 Public School Library/Media Centers and is an absolute appropriation. Other expenditures may include book binding, repair, CD Roms, computer software, computer equipment, cataloging, audio-visual materials, newspapers, magazines, recordings, and video tapes. The uniform amount may include allowances for other classroom instructional support as may be approved by the State Board of Education. The Foundation Program allowance for classroom instructional support shall also include an allowance for textbooks which shall be determined on a per pupil basis. The number of pupils shall be determined by the number of pupils in average daily membership during the first 20 scholastic days after Labor Day of the preceding school year. The State Board of Education shall recommend to the Governor the amount for each cost factor included in classroom instructional support on or before December 1 of the current fiscal year for the ensuing fiscal year.

d. The Foundation Program allowance for other current expense shall be determined by multiplying a uniform amount by the number of earned units. The uniform amount shall be recommended by the State Board of Education to the Governor on or before December 1 of the current fiscal year for the ensuing fiscal year.

e. The Foundation Program allowance for student growth shall be determined by multiplying the combined allowances in paragraphs a. through d. on a per student basis by the net year over year growth of average daily membership for non-virtual students for the two preceding school years. This allowance, for fiscal year 2022, shall be funded net of the amount received by the school system under the preexisting Current Units allotment and 100% thereafter. The net student growth attributable to full-time virtual students shall be funded at a rate determined by the State Department of Education based on the average cost to districts of educating a full-time virtual student beginning in fiscal year 2022.

f. The State Board of Education may cause, from time to time, a study of allowances for teachers’ salaries, fringe benefits, classroom instructional support, student growth, and other current expense of local boards of education to be conducted and, based on the results of the study, may propose any necessary changes to the Governor and Legislature.

g. The total cost of the Foundation Program for any local board of education shall be the total allowed for teachers’ salaries, for fringe benefits, for classroom instructional support, for student growth, and for other current expense. The allowances herein to the local boards of education shall be expended subject to all applicable laws, rules, and regulations; however, the total funds calculated in the total cost of the Foundation Program for teachers’ salaries shall be expended for salaries within the instructional program.

(3) DETERMINING FUNDS AVAILABLE TO PROVIDE FOUNDATION PROGRAM.

a. The funds available to meet the cost of the Foundation Program shall be appropriated by the Legislature taking into consideration an amount of local effort required on the part of each local board of education. The required local effort charged against each local board of education for its share of the cost of the Foundation Program shall be as follows:

1. For the 1995-96 fiscal year, the equivalent of five mills of local school tax district ad valorem tax as reported pursuant to subsection (b)(1)a.

2. For the 1996-97 fiscal year, the equivalent of seven and one-half mills of local school tax district ad valorem tax as reported pursuant to subsection (b)(1)a.

3. For the 1997-98 fiscal year, the equivalent of ten mills of local school tax district ad valorem tax as reported pursuant to subsection (b)(1)a.

4. For each fiscal year thereafter, the equivalent of ten mills of local school tax district ad valorem tax as reported pursuant to subsection (b)(1)a.

b. After calculating the total cost of the Foundation Program for each local board of education, the state allocation from the Education Trust Fund is calculated by subtracting the local effort required by this section from the total cost. Although the cost of the Foundation Program is calculated for each school, the one sum allocation for each local board of education shall flow monthly to the local board of education. The state funds for the Foundation Program shall be allotted by the State Board of Education consistent with State Board of Education rules and regulations.

(c) No local board of education may reduce the amount in any cell of any employee salary schedule, or otherwise reduce the compensation of any employee, based upon the amendments to this section made by Act 2012-482 or upon any future modification to its calendar or schedule pursuant to the amendments to this section made by Act 2012-482. Salary appropriations in all future Education Trust Fund budgets shall be based upon the number of contract days allocated by the Legislature, or the hourly equivalent thereof.

(Acts 1995, No. 95-314, p. 634, §2; Act 2000-757, p. 1724, §1; Act 2006-251, p. 454, §1; Act 2011-235, p. 423, §1; Act 2012-482, p. 1332, §§2, 3; Act 2015-430, p. 1368, §1; Act 2021-166, §1.)

§ 16-13-231.1 Local Salary Schedules; Written Retirement Application; Appropriations

(a) Any law to the contrary notwithstanding, each county and city board of education shall adopt a local salary schedule which is at least 100 percent of the State Minimum Salary Schedule as established by Sections 16-6B-8 and 16-13-231. Each teacher employed by the board shall receive at least 100 percent pay for the appropriate salary cell on the State Minimum Salary Schedule for that teacher’s level of experience and degree.

(b) The provisions of subsection (a) shall be phased in over a two year period as specified below.

(1) For the fiscal year beginning October 1, 1997, each local board of education shall adopt a salary schedule that shall pay each teacher employed at least one half of the difference between the board’s 1996-97 salary schedule and 100 percent of the appropriate cell of the State Minimum Salary Schedule as determined by the Legislature.

(2) For the fiscal year beginning October 1, 1998, and for each fiscal year thereafter, each local board of education shall adopt a salary schedule that shall pay each teacher employed at least 100 percent of the appropriate cell of the State Minimum Salary Schedule as determined by the Legislature.

(c) Notwithstanding the provisions of subsection (b), for any teacher within three years of retirement, the teacher may make written application to the local superintendent of education of such intent to retire. Such written application shall be made on or before the fifth school day of the 1997-98 school year. Upon such written application, the local superintendent shall recommend and the local board shall approve a salary adjustment such that the applying teacher shall be paid at least 100 percent of the appropriate cell of the State Minimum Salary Schedule for the fiscal year beginning October 1, 1997. Should the teacher fail to retire as provided for in the written application, the teacher shall repay to the local board of education in a timely manner the difference between the salary actually received and the amount the teacher would have received in the 1997-98 fiscal year only had he or she not filed a written application of intent to retire plus interest at the then current prevailing prime interest rate. The local board of education on a case by case basis may waive any or all of the repayment and interest.

(d) For the fiscal year beginning October 1, 1998, and for each fiscal year thereafter, the Legislature shall include in the annual appropriation for the Foundation Program an allowance for additional instructional salaries and fringe benefits. Such allowance shall be over and above the amount calculated for instructional salaries by the State Minimum Salary Schedule and shall be not less than one percent nor more than two percent of the total cost of instructional salaries for the Foundation Program as calculated by the State Minimum Salary Schedule. The allowance shall be distributed to each local board of education in an equitable manner based on the number of Foundation Program units earned. Funds allocated by the Legislature for such allowance shall be expended only for classroom salaries and fringe benefits in the academic instructional program.

(e) No teacher, as a result of this section, shall have his or her pay diminished or reduced in any manner.

(f) The State Minimum Salary Schedule amounts shall be determined annually by the Legislature in the annual education appropriation act.

(Acts 1997, No. 97-238, p. 390, §1; Act 2000-757, p. 1724, §1.)

§ 16-13-231.2 State Salary Matrix Renamed

Notwithstanding Chapter 6B and other provisions of this chapter, and notwithstanding Section 16-13-231.1, the “State Salary Matrix” is hereby renamed the “State Minimum Salary Schedule.” This provision shall take effect on October 1, 1998.

(Act. 98-510, p. 1189, §2(f).)

§ 16-13-231.3 Funds for Classroom Supplies

(a) There shall be annually appropriated from the Education Trust Fund to each public state earned classroom teacher in public school grades K to 12 the sum of three hundred dollars ($300) for classroom supplies.

(b) Classroom supplies may include, but are not limited to, paper goods, cleaning supplies, hand soap and cleaner, pencils, pens, paper, and similar general supplies utilized on a regular basis in the classroom.

(c) The State Superintendent of Education may promulgate rules in conformity with this section regarding implementation of the requirements of this section. Such rules shall include, but are not limited to, a simple and minimal paper work method for teachers to account for the expenditure of such funds.

(Act 2012-414, §1.)

§ 16-13-232 Determining Number of Teacher Units and Instructional Support Units; Grade Level Divisors

(a) In determining the number of teacher units for the purpose of apportioning the state Foundation Program, one teacher unit or fraction thereof shall be allowed for the specified number of pupils in average daily membership as provided for in subsection (b), during the first 20 scholastic days following Labor Day of the preceding school year in the public schools. In extreme circumstances involving natural occurrences, health-related occurrences, or other extenuating circumstances as determined and approved by the State Superintendent of Education, average daily membership for local boards of education may be calculated using alternative days to the first 20 scholastic days following Labor Day. Such alternative calculation shall be determined by the State Department of Education on a case by case basis. If a request from a local board is made to the State Superintendent, the superintendent shall submit a report detailing the decision of the superintendent to the Chair of the Senate Finance and Taxation-Education and the House Education Appropriations Committees and to the Department of Examiners of Public Accounts within 30 days following the end of the average daily membership reporting period. Average daily membership is defined as the average number of students enrolled on a daily basis. Each school, at a minimum, shall earn instructional support units based on the accreditation standards of the commissions which comprise the Southern Association of Colleges and Schools or as otherwise required by an accreditation system adopted by the State Board of Education. Instructional support units shall be earned for principals, assistant principals, counselors, and librarians, and shall be added to a school’s teacher units to determine total units earned for each school. Notwithstanding the accreditation standards referenced above, every school shall earn one full-time principal unit beginning with the fiscal year 2008-2009. An instructional support unit earned for a principal shall be increased by a factor of .7 for high schools, unit schools, and area vocational centers; .6 for middle schools; and .5 for elementary schools. An instructional support unit earned for an assistant principal shall be increased by .3; and an instructional support unit earned for a high school guidance counselor shall be increased by .1. Each area vocational center shall earn only one instructional support unit which shall be a principal (director) and shall continue to earn a counselor should it have received a counselor unit in 1994-95. Beginning in the 2009-10 school year, the salary supplement factors for instructional support units, including principals, assistant principals, counselors, and librarians, shall be recommended to the Governor and the Legislature annually by the State Board of Education, but shall not be less than the factors established above. Those local boards of education which show an increase in average daily membership during the first 20 scholastic days following Labor Day of the current year may be allowed one additional teacher unit or fraction thereof for each specified number of pupils in subsection (b) in such increase in average daily membership for such current year. Fractional teacher and instructional support units shall be combined to create whole units. Assignment of whole and fractional teacher and instructional support units shall be made by the local superintendent of education and submitted for approval of the local board of education. Any funds remaining from a fractional teacher and instructional support units that are not combined with and used to make a whole teacher or instructional support unit may be used by the local board of education for salaries and benefits.

(b) The grade level divisors for each fiscal year shall be weighted for each grade to provide funding for special education and vocational education. For the 1995-96 school year the grade level divisors include for special education 5 percent full time equivalent across all grades weighted 2.5 times the regular student weight. For the 1995-96 school year the grade level divisors include for vocational/technical education 7.4 percent full time equivalent in grades 7-8 weighted 1.4 times the regular student weight, and 16.5 percent full time equivalent in grades 9-12 weighted 2.0 times the regular student weight. The weights for special education and vocational education shall be recommended to the Governor and the Legislature annually by the State Board of Education. For the 1995-1996 school year, one teacher unit shall be allowed for each 16 pupils in average daily membership in kindergarten through third grade; one teacher unit shall be allowed for each 24 pupils in average daily membership in grade four through grade six; one teacher unit shall be allowed for each 23 pupils in average daily membership in grade seven through grade eight; and one teacher unit shall be allowed for each 20 pupils in average daily membership in grade nine through grade twelve. Beginning in the 1996-97 school year, the teacher unit divisors shall be recommended to the Governor and the Legislature annually by the State Board of Education, but shall not be higher than the divisors established for the 1995-1996 school year.

(Acts 1995, No. 95-314, p. 634, §3; Act 2005-309, 1st Sp. Sess., p. 624, §1; Act 2007-284, p. 509, §1; Act 2010-556, p. 1129, §1; Act 2011-264, p. 484, §1; Act 2021-166, §1.)

§ 16-13-233 Allowance for Transportation

(a) The allowance for transportation for those local boards of education providing same shall be determined as follows for any local board of education: The number of pupils transported on transportation routes approved under regulations of the State Board of Education shall be multiplied by an amount per pupil which is to be fixed by the State Board of Education and applied to local boards of education within groups having similar density of population; provided, that studies shall be made from time to time to determine whether the cost allowed per pupil or the cost unit should be changed in any or all local boards of education. In determining the amount to be allotted for transportation, said allotment shall include an allowance for transportation in accordance with the provisions of Section 16-39-11; however, no allowance shall be made for transporting pupils who live less than two miles from the school they are attending unless such pupils can be shown to be disabled and require transportation. Upon a petition to the State Superintendent of Education by the local board of education, the two mile limit may be waived by the State Superintendent of Education to protect the safety of the children. The total amount allotted any local board of education for transportation shall not exceed a figure determined by the State Board of Education in terms of the ratio between pupils transported to school and the total number of pupils attending school in the jurisdiction of such local board of education or some similar ratio established by the State Board of Education. Any local board of education which qualifies for a transportation allowance must provide buses which meet minimum standards established by the State Board of Education and must take such other steps to protect the safety of the children as are required under regulations of the State Board of Education.

(b) The allowance for transportation provided in (a) above shall include funding for depreciation based on a depreciation schedule established by the State Board of Education. The depreciation funding included in the transportation allowance shall be set aside in a restricted fund by the local boards of education for fleet renewal only and shall not be used for operating costs. These transportation cost allowance depreciation funds shall not revert to the Education Trust Fund but shall be carried forward from fiscal year to fiscal year to renew the transportation fleet of the local boards of education.

(Acts 1995, No. 95-314, p. 634, §4.)

§ 16-13-234 Allocation of Funds

(a) In making apportionment of the Public School Fund held by the state, to the local boards of education, the State Superintendent of Education shall first set apart and distribute to the schools of each township the amount due from the state thereto as interest on its sixteenth section fund, or other trust fund held by the state.

(b) It is the intent of the Legislature to insure that no local board of education receive less state funds per pupil than it received in fiscal year 1994-95. For this reason the Foundation Program for each local board of education shall be supplemented, if necessary, by a hold harmless allowance. The base amount of each local board’s hold harmless allowance calculation is the 1994-95 program cost as defined herein. The 1994-95 program cost of each local board of education was determined by using the first forty scholastic days of average daily membership from 1993-94. Beginning with the fiscal year 1995-96, the hold harmless allowance calculation shall be the current year Foundation Program state allocation, including allocated Public Education Employees’ Health Insurance Plan reserves, less the fiscal year 1994-95 program cost as defined herein. The fiscal year 1994-95 program cost is defined as including the local boards of education allocations for kindergarten through grade twelve plus fringe benefits including Public Education Employees’ Health Insurance Plan reserves and the Public School Fund less the transportation allowance.

(c) Beginning with the fiscal year 1995-96, the first cost to the Public School Fund, after complying with the provisions of subsection (a), shall be the hold harmless allowance. The hold harmless calculation shall continue until no local board of education receives less funds per pupil than it received in fiscal year 1994-95. However, this hold harmless allowance shall terminate not later than September 30, 2002.

(d) It is the intent of the Legislature that funds shall be provided to local boards of education in addition to Foundation Program funds to provide continuing funding to provide for soundness and adequacy of public school facilities in Alabama. To that end the remainder of the Public School Fund after deducting the costs pursuant to subsection (a) shall be available to the local boards of education for capital outlay, including the planning, construction, reconstruction, enlargement, improvement, repair or renovation of public school facilities, for the purchase of land for public school facilities, for debt payments related to public school facilities, for insuring public school facilities, and for the acquisition and/or purchase of education technology and equipment.

(e) It is the intent of the Legislature that the distribution of capital funds for the purpose of capital purchases from the Public School Fund be made to all school systems, require a variable matching with local funds based on yield per mill per average daily membership of district property tax, and guarantee the same amount per student in each system for capital purchases from the total of state and matching local funds. The State Superintendent of Education shall allocate the available funds pursuant to the rules adopted by the State Board of Education. Also, to receive funds from this appropriation, the local board of education must develop a comprehensive, long range capital plan addressing the facility, educational technology and equipment needs of the local board of education, pursuant to the rules adopted by the State Board of Education. The goal of this program is to have each local board of education complete its comprehensive, long range capital plan and begin making satisfactory progress in implementing the plan for providing adequate public school facilities for all students.

(f) In addition to rules adopted by the State Board of Education and used by the State Superintendent of Education in the distribution of said funds, it is the intent of the Legislature to impose the following. For fiscal year 1996 a school system may elect to use up to 100 percent of its matched capital purchase funds for serving at-risk students as defined by the State Board of Education or a legislative approved definition. For fiscal year 1997 a school system may elect to use up to 75 percent, in fiscal year 1998 up to 50 percent, and in fiscal year 1999 up to 25 percent. It is the intent of the Legislature that beginning in fiscal year 2000, all public school funds must be used for capital purchases as specified in subsection (e) above. School systems electing to expend their allocations of capital purchase funds on at-risk student programs pursuant to this subsection shall expend those funds for effective programs and tutorial assistance programs that include but shall not be limited to after school, Saturday, and/or summer school; provided, that such programs shall be outside of the normal day school.

(Acts 1995, No. 95-314, p. 634, §5; Act 98-376, p. 706, §1; Act 2011-163, p. 295, §1.)

§ 16-13-234.1 Funding Salary Increases Mandated by Legislature

(a) Any local board of education receiving a hold harmless allowance as provided for in Section 16-13-234, may use part or all of the funds received by the local board from the Public School Fund for capital outlay allowance to pay the costs of any salary increase mandated by the Legislature, including the costs of fringe benefits, not covered by an adjustment to the hold harmless allowance.

(b) Prior to using its capital outlay allowance for salary increases mandated by the Legislature, including the costs of fringe benefits, the local board of education, by a majority vote, must adopt a resolution transferring the capital outlay allowance to the general fund of the local board and earmark the funds for salary increases and associated fringe benefits. The local board of education must also submit a copy of the resolution to the State Superintendent of Education.

(Acts 1997, No. 97-889, p. 249, §§ 1, 2.)

§ 16-13-235 Local Boards of Education to Furnish Information and File Records; State Superintendent of Education to Provide Data; Rules and Regulations

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

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

(c) The State Superintendent of Education and the State Board of Education are hereby authorized and required to promulgate such reasonable rules and regulations as may be necessary to implement the provisions of this article.

(Acts 1995, No. 95-314, p. 634, §6.)

§ 16-13-236 Funds for Vocational/Technical Education

Funds provided by the state to local boards of education for vocational/technical education shall be spent only for its intended purposes.

(Acts 1995, No. 95-314, p. 634, §7.)

§ 16-13-237 Funding City Board of Education Beyond Board’s Pro Rata Share of Countywide Tax

It is not the intent of the Legislature to require, and the Legislature expressly so declares that it does not require, any county to provide funding to any city board of education beyond the city board of education’s pro rata share of any countywide tax.

(Acts 1995, No. 95-314, p. 634, §8.)

§ 16-13-238 Failure to Provide Certain Amount of Local Tax Support

Should any county or city governing body fail to provide an amount of local tax support for its respective local board of education in an amount equivalent to the mills of ad valorem tax as required by law, the Foundation Program Fund allocation for the local board of education, as the case may be, shall be reduced by an amount equal to the difference between the amount of tax support actually provided and the amount of tax support required by law.

(Acts 1995, No. 95-314, p. 634, §9.)

§ 16-13-239 References to “Minimum Program” Deemed References to “Foundation Program.”

Whenever any act, section of the Code of Alabama 1975, or any other provision of law refers to the “minimum program” as it relates to the funding of education, it shall be deemed a reference to the “Foundation Program.”

(Acts 1995, No. 95-314, p. 634, §53.)

Article 12 Special School Taxes Authority Extended When Original Obligation Refunded

§ 16-13-260 Legislative Findings

The Legislature makes the following findings and determinations:

(1) In a number of instances, the Legislature, by general or local act, has authorized the levy and collection within a county or municipality of a tax, other than an ad valorem tax, for school purposes and has specified that the authority for the levy of the tax shall terminate upon the payment in full of certain generally or specifically described bonds, warrants, or other obligations.

(2) Counties, municipalities, boards of education, and other political subdivisions frequently realize substantial debt service savings and other benefits through the issuance and sale of refunding obligations to provide for the payment and retirement of previously issued bonds, warrants, or other obligations.

(3) In order to facilitate the realization of the benefits that may be obtained through the refunding of outstanding obligations, and to avoid the consequence of unintentionally terminating the legal authority for the levy and collection of one or more specific taxes, it is appropriate and desirable for the Legislature to provide that the authority for the levy and collection of any tax that would otherwise terminate upon the payment of certain bonds, warrants, or other obligations shall continue until the payment in full of any refunding obligations referable thereto.

(Act 98-361, p. 631, §1.)

§ 16-13-261 Authority for Special School Tax to Continue until Payments of Refunding Obligations

In any instance in which the Legislature, by general or local act, has provided for or authorized the levy and collection within any county or municipality of a tax, other than an ad valorem tax, for school purposes, herein called a “special school tax,” and has specified that the authority for the levy of such special school tax shall terminate upon the payment in full of certain generally or specifically described bonds, warrants, or other obligations, herein called “original obligations,” if other bonds, warrants, or other obligations, herein called “refunding obligations,” are issued to provide for the payment or redemption of some or all of the original obligations or any previously issued refunding obligations, the authority for the levy and collection of the special school tax shall continue until the payment in full of all refunding obligations. As used herein, the term “refunding obligations” includes bonds, warrants, or other obligations issued for multiple purposes, so long as one of those purposes is to provide for the payment or redemption of some or all of the original obligations or any previously issued refunding obligations.

(Act 98-361, p. 631, §2.)

§ 16-13-262 Construction

In no event shall this article be construed or applied in a manner that results in a termination date for the levy of any special school tax that is earlier than the termination date that would have been applicable if this article had not become effective.

(Act 98-361, p. 631, §3.)

§ 16-13-263 Application

This article shall apply with respect to any special school tax heretofore or hereafter authorized by the Legislature that is subject to a termination provision of the type described herein and shall be given effect if related refunding obligations are issued either before or after April 21, 1998.

(Act 98-361, p. 631, §4.)

Article 13 National Average for Teacher Salaries

§ 16-13-280 Definitions

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

(1) BOARD. Each county or city 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; and the Board of Directors of the Alabama School of Mathematics and Science.

(2) GROWTH. The amount by which projected revenue in the Education Trust Fund for the fiscal year for which appropriations for teacher salaries are being made is anticipated to exceed projected revenue for the prior fiscal year. For purposes of calculating growth, prior fiscal year projected revenue shall exclude actual beginning of year balance and projected end of year unappropriated balance. For purposes of calculating growth, projected revenue for the fiscal year for which appropriations for teacher salaries are being made shall include all revenue projected at the time the growth calculation is made plus any projected unappropriated beginning balance up to $50,000,000, excluding any funds appropriated or anticipated to be transferred to the Proration Prevention Account. Growth shall not include revenue from a. a revenue source not in existence on May 24, 2000, or b. an increase in the rate or a substantial adjustment of the base of a revenue source in existence on May 24, 2000. For purposes of this section, “substantial” shall mean an amount estimated by the Legislative Fiscal Officer and the state Finance Director which is in excess of $500,000 for the year in which the appropriations are to be made.

(3) PRIOR FISCAL YEAR. The fiscal year immediately prior to the fiscal year for which appropriations for teacher salaries are being made.

(4) TEACHER. Any full-time public school teacher in Alabama who is an employee of a board and who is required to be certificated by the State Board of Education, including, but not limited to, counselors, librarians, Science in Motion teachers, supervisors, administrators (excluding superintendents and their professional executive assistants), teachers at the Department of Youth Services, the Alabama School of Mathematics and Science, and the Alabama School of Fine Arts.

(Act 2000-732, p. 1583, §1.)

§ 16-13-281 Average Salaries to Match National Average; Funding; Compliance

(a) The average salary of Alabama teachers, including the State Minimum Salary Schedule, local salary supplementals, state incentive pay such as National Board of Professional Teaching Standards certification, and any other salary compensation paid to Alabama teachers, shall be increased to the national average for teacher salaries as provided in this article. Beginning in the fiscal year 2001-2002, and continuing each fiscal year thereafter until such time as the Alabama teacher salary average has reached the national average for teacher salaries, there shall be allocated 41.15 percent of the growth in the Education Trust Fund for teacher salaries. The 41.15 percent of the growth shall not apply to any future new revenue source to the Education Trust Fund, including any revenue generated from an increase in the rate or a substantial change in the base of existing revenue sources. Provided, however, an amount up to 45 percent of the projected growth shall be allocated for teacher salaries when both the Director of Finance and Legislative Fiscal Officer certify projected growth in the Education Trust Fund of five percent or more for the fiscal year for which appropriations are being made. This allocation shall be appropriated and expended only for teacher salaries and shall be included in the Education Trust Fund appropriation act in the appropriations for the State Minimum Salary Schedule, the Department of Youth Services, the Schools of Fine Arts and Math and Science, and the Alabama Institute for Deaf and Blind for that purpose.

(b) It is the intent of the Legislature to maintain Alabama teachers’ salaries at the national average. However, the provisions of this article shall become null and void at such time as the Director of Finance and the Legislative Fiscal Officer shall certify that the average salary paid to Alabama teachers has reached or exceeded the national average salary paid to teachers. In the event the Legislature appropriates a salary increase for teachers that is greater than the amount of growth in the Education Trust Fund that is earmarked for salary increases for teachers under the provisions of this article, this article shall be null and void for that fiscal year and each fiscal year thereafter; however, this nullification shall not be applicable in any fiscal year that this article is suspended pursuant to subsection (c) of this section.

(c) The Legislative Fiscal Officer and the Director of Finance shall, prior to the third legislative day of each regular session, certify the projected growth in the Education Trust Fund for the fiscal year for which appropriations are being made. The provisions of this article shall be suspended for any fiscal year in which both certify that the projected growth is less than three and one-half percent. In the event one of the above certifies projected growth of less than three and one-half percent and the other certifies projected growth of three and one-half percent or greater, the provisions of this article shall be suspended if the Legislature adopts a joint resolution providing for this suspension and thereafter appropriates projected growth of less than three and one-half percent. In the event the Legislature adopts a joint resolution and thereafter appropriates projected growth of three and one-half percent or more, the provisions of this article shall not be suspended. Nothing in this section shall prohibit the Legislature from appropriating a salary increase for teachers when projected growth is three and one-half percent or less.

(d) The salary increases for Foundation Program teacher units provided by this article shall be funded by the Education Trust Fund. The salaries for all other teacher units shall be the source from which their salaries are paid.

(e) Funding for the total cost in any fiscal year of (1) the increase in teacher salaries provided for in this article and the total cost of employer benefits related to the increased salaries; (2) any increase over the prior fiscal year in the employer’s contribution rate paid to the Teachers’ Retirement System and Federal Insurance Contributions Act for all K-12 personnel whose salaries are funded in the Education Trust Fund; and (3) any increase over the prior fiscal year in the employer costs for the Public Education Employees’ Health Insurance Program (PEEHIP) for all K-12 personnel whose employer costs for PEEHIP are provided from the Education Trust Fund shall not exceed 62 percent of the projected growth in the Education Trust Fund when the projected growth is three and one-half percent or greater but less than five percent. The 41.15 percent allocation for teacher salaries provided for in this article shall be adjusted to allow these appropriations to remain within the 62 percent limit. Provided, however, any increase in the employer’s contribution rate paid to the Teachers’ Retirement System that is directly attributed by the actuary to (1) a cost-of-living retirement increase that is enacted by the Legislature after October 1, 2000; or (2) any increase in retirement benefits granted directly by the Legislature shall not be included in the 62 percent of growth calculations. The actuary employed by the Retirement Systems of Alabama shall certify to the Teachers’ Retirement System any increase in the employer’s contribution rate directly attributable to a retirees’ cost-of-living increase or an increase in retirement benefits granted by the Legislature. The actuary employed by the Retirement Systems of Alabama shall also certify annually to the Teachers’ Retirement System that there has been no change in the liquidation period used to determine the accrued liability contribution rate to be paid by employers to the Teachers’ Retirement System. The Teachers’ Retirement System shall forward a copy of the certification by the actuary to the Director of Finance and the Legislative Fiscal Officer within 10 days of receipt of the certification from the actuary. In any year in which both the Director of Finance and the Legislative Fiscal Officer project growth in the Education Trust Fund to be five percent or greater, an amount up to 45 percent of the growth shall be allocated for teacher salaries. Provided, however, funding for the total costs for (1) the increase in teacher salaries provided for in this article and the total cost of employer benefits related to the increased salaries; (2) any increase over the prior fiscal year in the employer’s contribution rate paid to the Teachers’ Retirement System and Federal Insurance Contributions Act for all K-12 personnel whose salaries are funded in the Education Trust Fund; and (3) any increase over the prior fiscal year in the employer costs for PEEHIP for all K-12 personnel whose employer costs for PEEHIP are provided from the Education Trust Fund shall not exceed 65.5 percent of the projected growth in the Education Trust Fund. The 45 percent allocation for teacher salaries provided for in this article shall be adjusted to allow these appropriations to remain within the 65.5 percent limit. Provided, however, any increase in the employer’s contribution rate paid to the Teachers’ Retirement System that is directly attributed by the actuary to (1) a cost-of-living retirement increase that is enacted by the Legislature after October 1, 2000; or (2) any increase in retirement benefits granted directly by the Legislature shall not be included in the 65.5 percent of growth calculations.

(f) The State Superintendent of Education, under supervision of the State Board of Education, shall collect the data necessary to determine the national average salary paid to teachers. At least 30 days prior to the start of each regular session of the Legislature, the State Superintendent of Education shall report to the Director of Finance and Legislative Fiscal Officer the average salary paid during the prior scholastic year for Alabama teachers, the corresponding national average salary paid during the same scholastic year, and the average salary paid by state. To ensure that Alabama teachers’ salaries achieve the most current national average for teacher salaries, the State Superintendent of Education shall survey the salary increases given to teachers in each state for the current scholastic year and adjust the national average report accordingly. The Director of Finance and Legislative Fiscal Officer shall certify to the Governor and the Legislature the national average salary paid to teachers each year. When the average Alabama teacher salary has reached the national average of teacher salaries, the provisions of this article shall cease to be effective for future fiscal years.

(g) The State Board of Education shall ensure that each local board of education complies with this section.

(h) The Legislature shall change the State Minimum Salary Schedule from time to time so as to ensure that teachers receive the amount of compensation required by this section. The Legislature may add steps to the State Minimum Salary Schedule and adjust the schedule accordingly from time to time as required to meet the national average.

(i) The state Budget Officer shall allocate the appropriated funds to the State Board of Education for disbursement to each board in the amounts required to ensure compliance with the provisions of this article.

(Act 2000-732, p. 1583, §2.)

§ 16-13-282 Purpose of Article

(a) It is the goal of the Governor and the Legislature to raise Alabama’s non-salaried expenditures per public school student to the national average in conjunction with this commitment to teachers’ salaries.

(b) It is the goal of the Governor and the Legislature to continue and enhance Alabama’s financial support for public institutions of higher education, support personnel in public schools and retirees in the Teachers’ Retirement System in conjunction with this commitment to teachers’ salaries and non-salaried expenditures per student.

(Act 2000-732, p. 1583, §§3, 4.)

Article 14 Warrants for Eductional Purposes

§ 16-13-300 Legislative Intent; Construction

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

(b) This article shall be liberally construed in conformity with the foregoing intention to effect the purposes hereof.

(Act 2011-631, p. 1495, §1.)

§ 16-13-301 Definitions

The following terms as used in this article shall have the following meanings:

(1) BOARD. Any county board of education and any city board of education.

(2) COSTS. When used with reference to or in connection with any public school facility or any portion thereof, all or any part of the costs of acquiring, constructing, altering, enlarging, extending, reconstructing, or remodeling such facility, including (i) the costs of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, permits, licenses and interests acquired or used for, in connection with or with respect to such public school facility; (ii) the costs of demolishing or removing any buildings or structures on land so acquired, including the costs of acquiring land to which such buildings or structures may be moved; (iii) the costs of all machinery, equipment, furniture, furnishings, fixtures, and tangible and intangible personal property acquired or used for, in connection with or with respect to such public school facility; and (iv) the costs of architectural, engineering, financial, and legal services incurred in connection with the acquisition or construction of all or any part of such public school facility and the financing thereof, including the expenses of preparing plans, specifications, surveys, and studies to determine the financial or engineering feasibility of such public school facility.

(3) PUBLIC PERSON. Any agency, board, commission, department, instrumentality, or corporation of the State of Alabama, any county, municipality, or other political subdivision of the State of Alabama, and any public authority, board, or corporation created by any county or municipality or of which any county or municipality is a member.

(4) PUBLIC SCHOOL FACILITIES. All tangible and intangible property and interests in property, whether real, personal or mixed, used or useful for educational and public school purposes and related purposes, including without limitation land and rights or interests in land, school buildings and playgrounds, classrooms, libraries, auditoriums, gymnasiums, recreational and sport facilities, stadiums, arenas, facilities for the performing arts, offices, school buses, buildings for housing and repairing school buses, cafeterias and dining facilities, laboratories, office facilities, equipment, furniture and fixtures, telecommunication facilities, heating and cooling facilities, and related property.

(5) REFUNDABLE DEBT. With respect to any board, (i) any valid indebtedness of such board evidenced by warrants issued pursuant to the provisions of this article, and (ii) any valid indebtedness or obligations of such board issued pursuant to any provision of law other than this article, and (iii) any valid indebtedness or obligations of such board incurred pursuant to any agreement (including without limitation a funding agreement or lease agreement) by such board and a public person whereunder such board shall make payments (including without limitation rental payments) to such public person to enable such public person to pay valid indebtedness or obligations thereof incurred for the benefit of such board, and (iv) any valid indebtedness or obligations of any public person incurred on behalf, or for the benefit, of such board.

(6) STATE SUPERINTENDENT. The State Superintendent of Education and any successor to the functions thereof.

(7) WARRANTS. The warrants authorized to be issued by a board pursuant to this article.

(Act 2011-631, p. 1495, §2.)

§ 16-13-302 Issuance Authorized; Purposes; Refunding Warrants; Powers of the Boards; Mandamus for Payment

(a) In addition to all other notes, obligations, warrants, and other forms or types of indebtedness which any board shall have the power to issue pursuant to laws other than this article, each board shall have full and continuing power from time to time to issue and sell warrants for educational and public school purposes, including, without limitation, the following:

(1) For the purpose of paying the costs of public school facilities.

(2) For the purpose of paying or refunding all or any portion (principal or interest or premium) of any refundable debt then outstanding, whether such refunding shall occur before, at, or after the maturity of the refundable debt to be refunded.

(3) For the payment of extraordinary, nonrecurring items that are not customarily payable from current revenues, including, without limitation, casualty losses, legal judgments, and payments due upon early termination of contractual agreements or prepayment of indebtedness.

(4) For the purpose of providing any money or moneys deemed necessary by the board to provide for the administration and operation of the board to the expiration of the then current fiscal year.

(5) For such other purposes for which a board is authorized by law to expend money.

(b) A board may issue refunding warrants in exchange for the instruments evidencing the refundable debt to be refunded, or a board may issue and sell refunding warrants and apply the proceeds thereof to the purchase, redemption, or payment of refundable debt. Refunding warrants may be issued in such principal amount as shall be determined by the board, including, without limitation: (i) the outstanding principal amount of the refundable debt to be refunded, (ii) the interest accrued or to accrue on the instruments evidencing the refundable debt to be refunded until the respective maturities thereof, or if any of the instruments evidencing the refundable debt to be refunded are to be called for redemption (either on the earliest date on which under their terms they may be redeemed or some later date or dates), the interest accrued or to accrue thereon until the date or dates on which they are to be called for redemption, (iii) the amount of any redemption premium required, by the terms of the instruments evidencing the refundable debt, to be paid as a condition to their redemption prior to their respective maturities, and (iv) the amount of any costs (as described in Section 16-13-304(d)(2)) incurred in connection with such refunding.

(c) Each board shall have the power to enter into and perform all agreements and contracts for the services of paying agents and trustees with respect to warrants issued under this article, for the purchase of warrants issued under this article, and for the guarantee or insurance, pursuant to standby letters of credit, municipal bond insurance policies, or similar instruments or credit facilities, of the payment, when due, of the principal of, premium (if any) on, and interest on, warrants issued under this article, to the extent that such board determines, in its discretion, that any of such agreements and contracts are necessary and desirable.

(d) Any court having jurisdiction shall issue mandamus for the payment of the principal of and interest on warrants issued under this article, when and as the same becomes due and payable, upon proper proof of nonpayment thereof, or noncompliance with the provisions of law with respect thereto, being furnished by or on behalf of any owner of any warrant issued under this article.

(Act 2011-631, p. 1495, §3.)

§ 16-13-303 Notes Not General Obligations; Source of Payment

(a) Warrants issued under this article shall not be general obligations of the board issuing such warrants but shall be payable solely from the designated revenues or tax proceeds of the board which may be lawfully applied to the payment of indebtedness of such board, including funds derived from any one or more of the following sources:

(1) The proceeds of any ad valorem tax or taxes levied for the purpose of paying such warrants, or for educational or public school purposes, and paid, apportioned, allocated, or distributed to or for the benefit of the board.

(2) The proceeds of any privilege, license, or excise tax or taxes that may be paid, apportioned, allocated, or distributed to or for the benefit of the board.

(3) Any revenues of whatsoever kind or nature (including, without limitation, payments pursuant to agreements delivered pursuant to this article and payments in lieu of taxes) that may be paid, apportioned, allocated, or distributed to or for the benefit of the board by any governmental or taxing authority or public person pursuant to law or contractual agreement.

(b) Any board issuing any warrants hereunder shall specify, in the proceedings authorizing such warrants, the tax proceeds or revenues out of which such warrants are to be payable and may secure payment of the principal of, premium (if any) on, and the interest on, such warrants by a pledge of so much as may be necessary therefor of any of such tax proceeds or revenues.

(c) The pledge of any tax proceeds or other revenues for the payment of warrants issued by any board pursuant to this article, together with any covenants of such board relating to such pledge, shall have the force of contract between such board and the owners of such warrants. To the extent necessary and sufficient for making the payments secured by any pledge of pledged tax proceeds or revenues made pursuant to the provisions of this article, such pledged tax proceeds or revenues shall constitute a trust fund or funds which shall be impressed with a lien in favor of the owners of the warrants to the payment of which such tax proceeds or revenues are pledged. All warrants for which any pledge authorized by the provisions of this article may be made shall constitute preferred claims against that portion of the tax proceeds or revenues so pledged for the benefit thereof, and shall have preference over any claims for salaries or other operating expenses or any other purpose whatsoever. If more than one such pledge shall be made with respect to the same portion of any such tax proceeds or revenues, then such pledges shall take precedence in the order in which they are made; provided that, if in the proceedings authorizing any such warrants and making any such pledge therefor the board reserves the privilege of issuing additional warrants secured on a parity of pledge with the warrants authorized by the proceedings, then such additional warrants subsequently issued may be secured by such parity pledge in accordance with the provisions of the proceedings in which such privilege is reserved.

(d) Nothing in this article shall operate or be construed to authorize or permit any board to pledge, for the benefit of any warrants issued hereunder, any portion of the Foundation Program Fund moneys paid, apportioned, allocated, or distributed to it by law, or any portion of Public School Fund moneys paid, apportioned, allocated, or distributed to it by law, or any other revenues or tax proceeds of the State of Alabama paid, allocated, apportioned, or distributed to or for the benefit of such board.

(e) The proceeds of all taxes, and all revenues, of a board which are designated as a source of payment of, or pledged as security for, any warrants issued under this article may, after payment of the principal of, premium (if any) on, and interest on such warrants shall have been made, or provision made therefor, in any fiscal year be used for any lawful purpose.

(f) A board may issue warrants under this article payable from revenues of such board lawfully available therefor and secured by a pledge of tax proceeds on an equal and proportionate basis and parity of lien with outstanding warrants theretofore issued by such board pursuant to laws other than this article.

(Act 2011-631, p. 1495, §4.)

§ 16-13-304 Terms and Conditions; Sale; Use of Proceeds

(a)(1) Warrants issued pursuant to this article may be in the denomination or denominations; shall have a maturity or maturities not exceeding 30 years from their date; may bear interest from their date at the rate or rates payable in the manner and at the times; may be payable at the place or places within or without the State of Alabama; may be sold for such price and in the manner as provided in this article; and may contain the terms not in conflict with the provisions of this article; all as the board may provide in the proceedings pursuant to which the warrants are authorized to be issued.

(2)(i) The board may provide that the warrants shall bear interest at a rate or rates fixed at the time of the issuance thereof.

(ii) With the prior, specific approval of the State Superintendent, given as provided in this article, the board may provide that the warrants shall bear interest at rates which may be changed from time to time during the term of the warrants in accordance with an objective procedure determined by the board at the time of the issuance of the warrants, or at a rate or rates which may change from time to time in connection with published interest rates or indices that reflect an objective response to market changes in interest rates by banks, governmental agencies, or other generally recognized public or private sources of information concerning interest rates.

(3)(i) A board may retain in the proceedings of such board authorizing the issuance of warrants under this article an option to redeem all or any part thereof as may be specified in such proceedings at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings and as may be briefly recited in the face of such warrants.

(ii) A board which may issue warrants having a stated maturity more than 10 years after the date thereof shall retain in the proceedings authorizing the issuance of such warrants an option to redeem at the expiration of the tenth year following the date of such warrants and on any date subsequent thereto all or any part of such warrants having stated maturities subsequent to the expiration of the tenth year after their date at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings and briefly recited in the face of such warrants.

(b) All warrants issued hereunder shall be executed in the name of the issuing board by the president of such board, shall be sealed with the seal of such board, and attested by the secretary of such board. All warrants issued hereunder bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations notwithstanding that before the delivery and payment thereof, such officers whose signatures appear thereon shall have ceased to be officers of such board.

(c) All warrants issued under the authority of this article shall be sold at public or private sale as the board may determine and at such price or prices as the board may deem advantageous.

(d)(1) The proceeds of warrants issued under this article shall be used solely for the purpose for which the warrants are authorized to be issued.

(2) The board may apply proceeds of warrants issued under this article to the payment of the costs of issuing and selling such warrants, including, without limitation, underwriters’ commissions and discounts, printing costs, fees of rating services, fees and disbursements of attorneys, accountants, financial advisors, and other consultants, fees and disbursements of trustees and paying agents, and other incidental expenses, the costs of municipal bond insurance policies or standby letters of credit or similar instruments or credit facilities which provide for payment of the principal of, premium (if any) on, and interest on, such warrants when due and payable.

(3) Any proceeds of refunding warrants issued under this article, together with investment income therefrom, and moneys in any sinking fund for the refundable debt to be refunded, together with investment income therefrom, may be deposited in trust, on such terms as the board shall approve, with one or more trustees or escrow agents, which trustees or escrow agents shall be trust companies or national or state banks having trust powers within or without the State of Alabama. The proceeds of refunding warrants, together with the investment income therefrom, shall be available for the payment of all or any part of the principal of and the interest on any of the refunding warrants or for the payment of all or any part of the principal of and the interest and redemption premium, if any, on the refundable debt to be refunded, as the board, in its discretion, shall prescribe. Proceeds of refunding warrants shall be so invested and applied as to assure that the principal of and the interest and redemption premium, if any, on the refundable debt to be refunded shall be paid in full on the respective due dates of such principal, interest, and premium.

(e) The proceeds of warrants issued under this article may be invested in any debt obligation or other investment in which a county or municipality in the State of Alabama is authorized to invest public funds at the time of investment by a board.

(Act 2011-631, p. 1495, §5.)

§ 16-13-305 Approval of Issue

(a) A board shall obtain the prior written approval of the State Superintendent for the issuance of any warrants under this article. Before entering into any agreement or contract for the issuance and sale, and before the issuance and sale, of any warrants under this article, the board by which such warrants are proposed to be issued shall cause an application for approval of such warrants to be filed with the State Superintendent. Such application shall be in such form and shall contain such information as the State Superintendent may prescribe, and the State Superintendent may require such further information he or she may deem necessary relating to the proposed warrants or other financial or educational matters under the control of such board. The State Superintendent shall not approve the issuance of any warrants hereunder (i) if it would jeopardize the state’s Foundation Program of education, as prescribed by law and the rules and regulations of the State Board of Education or (ii) when the principal of or interest on any other notes or warrants previously issued by such board are overdue and unpaid, except to refund the same. The written approval of the State Superintendent of the amount, terms, and general purpose of the warrants shall be a sufficient approval thereof.

(b) The written approval of the State Superintendent of the issuance of any warrants hereunder shall be a conclusive and final determination that all necessary evidence has been presented to the State Superintendent and a conclusive and final determination in favor of the validity of such warrants that all the requirements of this article have been complied with. The State Superintendent may also determine conclusively and finally for all purposes relating to the validity of any warrants issued hereunder whether any other warrants constitute a preferred claim against the tax proceeds or revenues out of which the proposed warrants are payable. In all matters connected with his or her approval of warrants, the State Superintendent shall comply with any regulations or instructions of the State Board of Education, but failure to do so shall not affect the validity of the warrants approved by the State Superintendent.

(Act 2011-631, p. 1495, §6.)

§ 16-13-306 Validity of Warrants

Warrants reciting that they are issued pursuant to the terms of this article shall in any action or proceeding involving their validity be conclusively deemed to be fully authorized thereby and to have been issued, sold, executed, and delivered in conformity therewith and with all other provisions of law applicable thereto and shall be incontestable, anything herein or in other statutes to the contrary notwithstanding.

(Act 2011-631, p. 1495, §7.)

§ 16-13-307 Tax Exemption

All warrants and interest accruing thereon issued hereunder shall forever be exempt from all state, county, municipal, and other taxation under the laws of the State of Alabama.

(Act 2011-631, p. 1495, §8.)

§ 16-13-308 Warrants as Legal Investments

The warrants issued pursuant to the provisions of this article shall be legal investments for executors, administrators, trustees, and other fiduciaries.

(Act 2011-631, p. 1495, §9.)

§ 16-13-309 Powers Authorized

Any county may, with respect to the county board of education within its jurisdiction and any city board of education within, in whole or in part, its jurisdiction, and any municipality may, with respect to the city board of education (if any) within its jurisdiction and with respect to the county board of education for each county within the jurisdiction of which all or any part of such municipality is located, upon such terms and with or without consideration, as it may determine:

(1) Lend or donate money to, guarantee all or any part of the indebtedness or operating expense of, or perform services for the benefit of, such board.

(2) Donate, sell, convey, transfer, lease, or grant to such board, without the necessity of authorization at any election of qualified voters, any property of any kind, including, without limitation, any project, any interest in any thereof, and any franchise.

(3) Do any and all things, whether or not specifically authorized in this section, not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with such board in the planning, undertaking, acquisition, construction, financing, or operation of any of its public school facilities.

(4) Pay, or provide for the payment of, the principal of or interest on any then outstanding notes, warrants, or other obligations of such board.

(5) Issue its notes, warrants, bonds, and other forms or types of indebtedness in order to provide moneys to make any loan, donation, or payment authorized in this section.

(Act 2011-631, p. 1495, §10.)

§ 16-13-310 Obligations Under Contractual Agreements

(a) Upon the request of a public person who shall have issued or incurred obligations for the benefit of a board and for a purpose or purposes for which a board could issue warrants under this article, and upon compliance with the following terms and conditions, a board may undertake, pursuant to a contractual agreement with such public person, to pay such amounts to, or for the account of, such public person at such times and in such amounts as shall be sufficient to pay all, or such portion as such board and such public person shall determine, of the principal of, premium (if any), and interest on such obligations when and as due and payable.

(b) The obligations of a public person which a board is authorized to support by a contractual agreement under subsection (a) shall be in such denomination, mature at such time or times, bear interest at such rate, be subject to redemption, and contain such other terms, as are authorized or required for warrants issued by a board under this article.

(c) Any contractual agreement delivered by a board under this article shall be payable solely from, and secured by, the funds and revenues of such board described in this article which such board could apply to the payment of warrants issued by such board under this article.

(d) Prior to the delivery of any contractual agreement under this article, a board shall obtain the written approval of the State Superintendent for the terms thereof in the form and manner required by the State Superintendent therefor and such approval shall be essential to the validity and enforceability of such contractual agreement.

(Act 2011-631, p. 1495, §11.)

§ 16-13-311 Construction with Other Laws

Insofar as the provisions of this article may be in conflict or inconsistent with any provisions of any other law concerning actions authorized by this article, the provisions of this article shall control and govern, any other provision of law to the contrary notwithstanding. Subject to the foregoing, this article does and shall be construed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to other laws.

(Act 2011-631, p. 1495, §12.)

Article 15 Teacher Excellence and Accountability for Mathematics and Science Salary Schedule Program

§ 16-13-330 Program Created

There is created the Teacher Excellence and Accountability for Mathematics and Science (TEAMS) Salary Schedule Program.

(Act 2021-340, §1.)

§ 16-13-331 Definitions

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

(1) DEPARTMENT. The State Department of Education.

(2) ELIGIBLE TEACHER. A teacher employed by a local board who satisfies all the criteria for application in the program provided in this article.

(3) HARD-TO-STAFF SUPPLEMENT. The additional salary supplement available to participating teachers teaching in certain schools, as provided in Section 16-13-335.

(4) LOCAL BOARD. A city or county board of education.

(5) MATH or MATHEMATICS. Mathematics courses that appear in the Alabama Course of Study, including mathematics for grades 6-12 or other secondary mathematics courses as approved by the department.

(6) PARTICIPATING TEACHER. An eligible teacher who elects to participate in the program and who is recommended and approved for participation in the program, as provided in this article.

(7) PROGRAM. The Teacher Excellence and Accountability for Mathematics and Science Salary Schedule Program created by this article and administered by the department.

(8) SCIENCE. Science courses that appear in the Alabama Course of Study, including science for grades 6-12 or other secondary science courses, engineering, and computer science courses, as approved by the department.

(9) TEAMS. Teacher Excellence and Accountability for Mathematics and Science.

(Act 2021-340, §2.)

§ 16-13-332 Administration; Rulemaking Authoritiy

The department shall administer the program and may establish necessary procedures for the administration of the program. The State Board of Education shall adopt rules necessary to implement this article.

(Act 2021-340, §3.)

§ 16-13-333 Participation in Program

(a) An eligible teacher shall satisfy each of the following criteria to participate in the program:

(1) Hold a valid Alabama professional educator certificate or valid alternate certificate, approved for middle level or secondary math, science, or computer science courses.

(2) Teach approved courses in mathematics or science in grades 6-12.

(3) Teach full time in mathematics or science, or both.

(b) An eligible teacher wishing to participate in the program shall apply for the program by notifying the local superintendent of education in writing on forms prescribed by the department. The eligible teacher shall provide documentation to the local superintendent that the teacher has met the requirements for participation in the program provided in this section.

(c) After receipt of an application and required documentation, the local superintendent of education shall determine if the applicant has met the requirements for participation in the program, and, after the determination is made, may recommend that the local board offer a TEAMS contract to the applicant.

(Act 2021-340, §4.)

§ 16-13-334 Preliminary or Advanced Contract

AMENDED BY ACT 2026-283, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) A participating teacher shall be offered a preliminary or advanced contract under the provisions of this article.

(b) 1. A participating teacher not meeting the criteria for an advanced contract as provided in subsection (c) shall be offered a preliminary contract if this is his or her initial contract in the TEAMS program. The preliminary one-year contract may be extended from year to year for a maximum of three total years until the teacher qualifies for an advanced contract which may be up to three years as provided by this section, or is nonrenewed or terminated under this article. Each preliminary contract shall include a provision to ensure a participating teacher’s adequate progress toward advanced contract qualification.

2. Notwithstanding subparagraph 1., a participating teacher with insufficient experience to obtain the specialized certification or credential provided by subsection (c) may have his or her preliminary contract extended from year to year for a maximum of six total years.

3. Subject to limited waivers approved by the department, a participating teacher shall only be eligible for preliminary contracts for his or her maximum period of three or six years. A superintendent, on behalf of a participating teacher, may request additional program opt-in waivers for the teacher’s failure to timely qualify for an advanced contract due to limited status exemptions approved by the department, including but not limited to health conditions, family emergency, or change in county of residence.

(c) To be eligible for an advanced contract, of up to three years, a participating teacher shall hold a valid specialized certification or credential provided by subsection (d).

(d) A participating teacher shall have obtained a specialized certification or credential issued by one of the following within three years of admission to the program:

1. The National Institute for STEM Education.

2. The National Board of Professional Teacher Standards - Early Adolescence or Early Adolescence and Young Adulthood Math or Science.

3. The department.

4. Any other criteria established by the department.

(e) A participating teacher with over 20 years of service that satisfies the advanced contract criteria shall be offered a contract for a period of five years.

(f) Each contract shall require a participating teacher to complete at least four days of annual high quality professional development administered, sponsored, or approved by the department.

(g) Any provision of law to the contrary notwithstanding, individuals employed in this program shall be employed by a local board utilizing contracts as provided by this article.

1. Any teacher who has attained continuing service status with his or her local board, and elects participation in the program under the same local board, shall be deemed to have voluntarily relinquished his or her status and protections under the Students First Act of 2011, Chapter 24C.

2. Notwithstanding subparagraph 1., any teacher who has attained continuing service status with his or her local board as of June 30, 2021, and elects participation in the program under the same local board and maintains adequate progress toward the advanced contract qualifications, but fails to obtain the credential or certification shall have one-time reversion rights to the previous service status at the end of his or her preliminary contract period or periods.

3. Nothing in this article shall be construed to confer continuing service status on any participating teacher. The contract term for a participating teacher shall not count toward accrual of continuing service status.

(Act 2021-340, §5.)

§ 16-13-335 Hard-to-Staff Supplement

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

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

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

a. Out-of-field teaching assignments.

b. Poverty level.

c. Geographic location.

d. Population density.

e. Any other factors identified by the department.

(Act 2021-340, §6.)

§ 16-13-336 Teams Fund

(a) The TEAMS Fund is created in the State Treasury for the purpose of providing funding for differential pay and salary supplements to participating teachers as provided by this article. The Legislature shall appropriate to this fund amounts sufficient to sustain the operation of the program. All funds received by the TEAMS Fund shall remain in the TEAMS Fund and shall not revert or be expended for any purpose other than those set out in this article.

(b) Each local board is allocated one position for mathematics and one position for science funded through the TEAMS program for every 105 students in combined grades 6-12.

(c) It is not the intent of this article to make appropriations, but the appropriations required by this article shall be from the Education Trust Fund, or any other funding source, for the designated fiscal year.

(d) Beginning with the 2021-2022 school year, and each school year thereafter, each participating teacher shall be paid in accordance with the TEAMS salary schedule established by the Legislature in the Education Trust Fund Appropriation Act and adopted by the State Board of Education.

(e)(1) The department shall allocate funding to local boards for the following:

a. The appropriate incremental TEAMS salary increases net of the State Minimum Salary Schedule under Sections 16-6B-8 and 16-13-231, upon verification of eligibility of a participating teacher.

b. The hard-to-staff supplement provided in Section 16-13-335.

(2) The department shall distribute monies from the TEAMS Fund to local boards monthly to fund the allocations provided in this section.

(f) The provisions and requirements of this section shall be in addition to those of Section 16-13-231.1, relating to the State Minimum Salary Schedule. Each participating teacher shall be properly placed on the TEAMS program salary schedule according to degree earned and years of public education service, either in-state or out-of-state, which shall not be less than the amounts appropriated for the State Minimum Salary Schedule. The participating teacher shall be paid according to degree earned and length of public education experience. The local board shall transmit to the department the appropriate documentation for each participating teacher in a timely fashion; thereafter, each participating teacher shall be paid under this article as soon as certified by the department.

(g) All salaries and salary increases shall be paid in full to each individual employed before the end of the applicable fiscal year as defined in Section 16-1-1.

(h) Nothing in this article shall prohibit a local board from paying additional supplements to participating teachers in accordance with local board policies.

(Act 2021-340, §7.)

§ 16-13-337 Contract Periods

(a) Beginning with the 2021-2022 school year and each year thereafter, each participating teacher shall be employed on a 189-day contract with the local board.

(b) After completion of a preliminary contract period, the local board, upon the recommendation of the local superintendent, shall do one of the following, and provide written notice to the participating teacher no later than June 30:

1. Offer the participating teacher another preliminary one-year contract, subject to the limitations in Section 16-13-334(b), or an advanced contract.

2. Nonrenew the teacher’s preliminary contract and employment entirely, without a stated reason.

3. Nonrenew the teacher’s preliminary contract without a stated reason, and reemploy the teacher in any position outside of the program.

(c) If no action is taken by June 30 of the year the preliminary contract expires, the teacher’s contract shall be deemed renewed for one year subject to the limitations in Section 16-13-334(b). If the teacher has reached the maximum number of three or six year preliminary contract years pursuant to Section 16-13-334(b) and fails to qualify for an advanced contract as provided in Section 16-13-334(c), he or she shall be deemed nonrenewed, subject to Section 16-13-338.

(d) After completion of an advanced contract period, the local board, upon the recommendation of the local superintendent, shall do one of the following, and provide written notice to the participating teacher no later than June 30:

(1) Offer the participating teacher another advanced contract of up to three years subject to Section 16-13-334(c).

(2) Nonrenew the teacher’s advanced contract and employment entirely for any stated reason.

(3) Nonrenew the teacher’s advanced contract for any stated reason, and reemploy the teacher in any position outside the program.

(e) If no action is taken by June 30 of the year the contract expires, the teacher’s contract shall be deemed renewed for three years subject to the provisions of Section 16-13-334(c).

(f) The decision to nonrenew the contract may be based on any reason except personal or political reasons. A teacher with an advanced contract may challenge the nonrenewal by filing a petition with the department within 10 days of receipt of the written notice of nonrenewal. The only issue to be determined by the department shall be whether the nonrenewal was for personal or political reasons. The teacher shall bear the burden of establishing that the nonrenewal was based on a personal or political reason.

(g) Any notice required under this article shall be provided to the participating teacher either by personal service, certified mail, or private mail carrier return receipt requested.

(Act 2021-340, §8.)

§ 16-13-338 Termination of Employment

(a) If the local board, upon the recommendation of the local superintendent, votes to terminate the employment of a participating teacher before the completion of his or her contract without cause, the teacher shall be paid the balance of salary and benefits due for the contract period.

(b) A local board may terminate the contract of a participating teacher for cause at any time, for any of the following reasons:

(1) Immorality.

(2) Insubordination.

(3) Neglect of duty.

(4) Conviction of a felony or a crime involving moral turpitude.

(5) Failure to fulfill the duties and responsibilities of his or her teaching assignment.

(6) Failure to comply with local board policy.

(7) Incompetency.

(8) Justifiable decrease in positions.

(9) Incarceration.

(c)(1) If the local superintendent recommends the termination of the contract of a participating teacher for cause, the local superintendent shall provide written notice of that recommendation and the reasons therefor to the participating teacher. The teacher shall have the right to request an expedited evidentiary hearing before the local board votes on the recommendation. Any such request must be provided to the local superintendent within 10 days of the issuance of the written recommendation to terminate. The participating teacher shall be provided at least 15 days to prepare for the evidentiary hearing. The local superintendent shall provide a court reporter to produce a transcript of the hearing.

(2) If the local board, upon recommendation of the local superintendent, votes to terminate the contract for cause, written notice of that decision shall be provided to the teacher within five days of the local board’s decision.

(3) Within 10 days after the date of receipt of notice provided to a participating teacher informing him or her of an action by the local board to terminate the teacher’s contract for cause, the teacher may request a review of the local board’s decision by filing a petition with the department for an expedited review of the board’s decision. The teacher shall provide a copy of the petition to the local superintendent within five days of the filing of the petition with the department. The department shall review the administrative record to determine whether the board had sufficient cause to terminate the participating teacher. At the request of the teacher, the department may convene a hearing, provided no witnesses may testify and no new evidence may be submitted.

(4) The pay and benefits of the teacher shall be continued until such time as the department issues a final order upholding the local board’s decision. Should the department determine that the termination was unlawful or without sufficient cause, the department may order the teacher be reinstated under the automatic extension provisions in Section 16-13-337(c) or (e).

(d) In the event a participating teacher’s professional educator’s certificate is revoked for cause, suspended for cause, or relinquished, the teacher shall be summarily terminated and shall not be subject to the rights, remedies, and procedures provided by this article.

(Act 2021-340, §9.)

§ 16-13-339 Model Participating Teacher Contracts

(a)(1) The department may develop a model participating teacher contract for use pursuant to this article.

(2) Each model preliminary contract shall include a provision to ensure a participating teacher’s adequate progress toward advanced contract qualification, to include benchmark advancement during the participating teacher’s three- or six-year maximum preliminary contract period.

(b) The department may appoint a hearing officer to consider any petition filed under this article.

(Act 2021-340, §10.)

§ 16-13-340 Applicability to Public Charter Schools

(a) Public charter schools created pursuant to the Alabama School Choice and Student Opportunity Act, Chapter 6F, shall be allocated TEAMS positions and funding in the same manner as local boards under this article, provided the public charter school complies with all requirements of the program established by the department.

(b) Charter school governing boards may offer preliminary or advanced contracts to qualified teachers based on the TEAMS salary schedule in the same manner as local boards, and qualified teachers may also receive the hard-to-staff supplement provided in Section 16-13-335, subject to this article. Notwithstanding any provision of this article, any such contract shall be at least one year and shall be terminable at will by the charter school governing board.

(Act 2021-340, §11.)

Article 16 Renewing Alabama’s Investment in Student Excellence Act

§ 16-13-360 Short Title

This article shall be known and may be cited as the Renewing Alabama’s Investment in Student Excellence (RAISE) Act.

(Act 2025-257, §1.)

§ 16-13-361 Definitions

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

(1) AVERAGE DAILY MEMBERSHIP (ADM). Average enrollment from the first 20 days of school after Labor Day of the preceding year.

(2) BASE FUNDING FACTOR. The sum certified by the Legislative Fiscal Officer prior to October 1 of each fiscal year beginning with the 2025-2026 fiscal year and calculated by dividing the total state and local cost of the Foundation Program by the average daily membership for the immediately preceding fiscal year, using the Foundation Program State Allocation report for the enacted Education Trust Fund appropriations act.

(3) CHARTER SCHOOL. A public charter school as defined in Section 16-6F-4.

(4) COMMISSION. The Alabama Commission on the Evaluation of Services (ACES).

(5) CONCENTRATED ENGLISH LANGUAGE LEARNERS. A large percentage of students in a local education agency having been identified as English Language Learners as defined in this article.

(6) DEPARTMENT. The State Department of Education.

(7) DIRECT CERTIFICATION. A process conducted by the state and local educational agencies (LEAs) to certify eligible children for free meals without the need for household applications. If changes in the direct certification process occur, the department may recommend alternative measures that could be used in its place.

(8) ENGLISH LANGUAGE LEARNER (ELL). A student identified in accordance with federal or state law as entitled to receive English as a second language or bilingual services on the basis of the student’s English language proficiency.

(9) FOUNDATION PROGRAM. The program established in Article 11 of Chapter 13 of Title 16, to provide the basic funding support for public K-12 schools.

(10) GIFTED STUDENT. A student who gives evidence of high achievement capability in areas such as intellectual, creative, artistic, or leadership capacity, or in specific academic fields, and who needs services or activities not ordinarily provided by the school in order to fully develop those capabilities or as defined by state law.

(11) LOCAL EDUCATION AGENCY (LEA). A county board of education, city board of education, or charter school.

(12) PUBLIC SCHOOL. A school within an LEA providing instruction in grades K-12 which is supported by public funds.

(13) RAISE ACT ACCOUNTABILITY AND IMPLEMENTATION BOARD. The board established in Section 16-13-367 to monitor the progress of LEAs and schools in reaching their goals of achievement and to ensure that RAISE Act funds are spent effectively.

(14) RAISE ACT REVIEW COMMITTEE. The committee established in Section 16-13-366 to determine the effectiveness of the RAISE Act program and any needed revisions for continuous improvement.

(15) RENEWING ALABAMA’S INVESTMENT IN STUDENT EXCELLENCE FUND (RAISE FUND). The fund established by this article to provide additional funding to local education agencies to address the educational needs of students in public K-12 schools.

(16) SPECIAL EDUCATION STUDENT. A child who has been identified with at least one of the specifically defined physical, emotional, learning, or cognitive disabilities and is identified for special education services under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., or as otherwise defined in state law.

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

(18) STATE SUPERINTENDENT. The State Superintendent of Education.

(19) UNIFIED APPLICATION. A system that aligns policy priorities, planning, and budgeting for LEAs in one application and streamlines applications and reporting for all state and federal funding programs.

(20) WEIGHTED ALLOCATION. Additional funding from the RAISE Fund for each qualifying student, the value of which shall be calculated by multiplying the percentage for each weighted allocation by the base funding factor.

(Act 2025-257, §1.)

§ 16-13-362 Renewing Alabama’s Investment in Student Excellence (Raise) Fund

(a) There is established a fund in the State Treasury for the public schools of this state which shall be known as the Renewing Alabama’s Investment in Student Excellence (RAISE) Fund. The fund shall be used to provide additional funding for public schools for the purpose of addressing the educational needs of the student population and improving student outcomes as provided in this article. The fund shall be comprised of all funds appropriated from the Education Trust Fund or allocated by the Legislature from other funds for the purposes of this article. The Legislature shall appropriate or allocate to this fund amounts sufficient to sustain the operation of the RAISE Act. All funds allocated to the RAISE Fund shall remain in the fund and not revert or be expended for any other purpose other than those set out in this article.

(b) The fund shall be administered and distributed in accordance with this article and the provisions of the annual Education Trust Fund appropriations act. The additional funding appropriated pursuant to this article is subject to and shall be allocated only in accordance with funding as provided by the Legislature in the annual Education Trust Fund appropriations act or other legislative act and shall be budgeted and allotted in accordance with Article 4 of Chapter 4 of Title 41 and Chapter 19 of Title 41. Any monetary interest that accrues to the RAISE Fund shall be retained in the fund from year to year and shall be subject only to this article.

(c) Any LEA as defined in this article shall be eligible to receive an allocation from the RAISE Fund, subject to the following conditions:

(1) The LEA provides the data required in Section 16-13-363.

(2) The LEA provides the accountability plan and reports required in Section 16-13-365.

(3) The LEA ensures that all funds received from the RAISE Fund are used to serve the student groups that generated the funds under Section 16-13-364.

(4) The LEA submits the unified application, including data and accountability reports through the unified application for the 2028-2029 school year and thereafter, as required in Section 16-13-368.

(Act 2025-257, §1.)

§ 16-13-363 Appropriation and Allocation of Funding; Raise Act Guide; Professional Learning Series

(a) The department shall implement this article commencing with the 2025-2026 school year contingent upon funding being appropriated by the Legislature for such purpose.

(b) The funding described in this article shall be allocated in accordance with this article and rules adopted by the state board.

(c) On or before July 1, 2025, and each June 1 thereafter until the unified application created pursuant to Section 16-13-368 is implemented, the department shall create and publish a RAISE Act guide outlining the department’s procedures for administering this article. At a minimum, the RAISE Act guide shall:

(1) Identify the data the department must receive from each LEA for purposes of administering this article; and

(2) Explain how and when the data identified in subdivision (1) shall be submitted to the department.

(d) The department shall create or procure, and make available no later than January 1, 2027, and at no cost to participants, a professional learning series on the RAISE Act. The series must include, at a minimum, an overview of the RAISE Act, its logistics and data, the investments that will increase student achievement of the student group generating weighted allocations through the RAISE Fund, and how to budget the additional funding provided by the RAISE Fund for the specific purposes outlined in the annual Education Trust Fund appropriations act. LEA employees that are involved in budgeting at the school and system level, such as superintendents, assistant superintendents, chief school finance officers, other school business officers, and principals of schools, including leaders from public charter schools, shall be required to participate in the RAISE Act professional learning series. The department shall also make the professional learning series on the RAISE Act available to education leaders, LEA employees, and other interested stakeholders.

(e) A professional learning series created or procured pursuant to this section may be provided to participants virtually or in person at the discretion of the department. The department shall make all instructional materials used as part of the series publicly available on the department’s website.

(f) Beginning in the 2028-2029 school year, the professional learning series on the RAISE Act shall be incorporated into the professional learning series on the unified application created in Section 16-13-368.

(Act 2025-257, §1.)

§ 16-13-364 Weighted Allocations for Qualifying Students

(a)(1) DETERMINING THE ANNUAL COST OF THE RAISE PROGRAM. Subject to available funding for the RAISE Fund for any fiscal year of the state, the RAISE Fund weighted allocations for each qualifying student group shall be established in the annual Education Trust Fund appropriations act for that fiscal year and shall include weights for:

a. Poverty;

b. Special education;

c. English Language Learners;

d. Charter school students;

e. Gifted students; and

f. Other student groups as deemed necessary.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(e) When making future funding decisions, priority shall be given to the special education weight in order to meet the federal maintenance of effort requirements under the Individuals with Disabilities Education Act 20 U.S.C. § 1400 et seq.

(Act 2025-257, §1.)

§ 16-13-365 Accountability Plan and Report Requirements

(a) Each LEA shall produce an accountability plan and report that:

(1) Establishes goals for the achievement of qualifying students in weighted categories. These goals shall be in alignment with the student achievement goals established in Alabama’s plan under the Every Student Succeeds Act (ESSA) or its successors, and guidance provided by the department;

(2) Describes the LEA’s planned expenditures at the system and school level for student groups receiving weighted allocations through the RAISE Fund; and

(3) Provides an analysis on the previous years progress on student groups receiving weighted allocations through the RAISE Fund and any needed revisions to spending. This shall begin for the Fiscal Year 2027 budget.

(b) The report required by this section must be submitted to the department by November 1, 2026, and each November 1 thereafter until the unified application created pursuant to Section 16-13-368 is implemented. Beginning no later than the 2028-2029 school year, the report shall be submitted using the unified application created pursuant to Section 16-13-368. Prior to the unified application becoming available, the department shall provide an accountability plan and report format for LEAs to submit information outlined in this section.

(c) The department shall add a section to the department’s Education Report Card website established pursuant to Chapter 6C of Title 16 where additional funding for each student group that receives a weighted allocation through the RAISE Fund is reported alongside the academic outcomes of students from those groups on state summative assessments. This section shall be added to the department’s Education Report Cards for the state, every LEA, and every school. The following should be reported:

(1) Academic outcomes shall be disaggregated by each student group that receives a weighted allocation through the RAISE Act and include both academic achievement and growth on state summative assessments.

(2) Total and per-pupil funding disaggregated by each student group that receives a weighted allocation through the RAISE Act.

(Act 2025-257, §1.)

§ 16-13-366 Raise Act Review Committee

(a) By January 1, 2028, the Legislature shall establish the RAISE Act Review Committee to review the overall progress of the RAISE Act and make recommendations for continuous improvement.

(b) The committee shall be led by the Chair of the Senate Finance and Taxation Education Committee and the Chair of the House Ways and Means Education Committee.

(c) The membership of the committee shall include the following:

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

(2) The State Superintendent of Education, or his or her designee.

(3) The Director of Finance, or his or her designee.

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

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

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

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

(8) One member of the Senate, appointed by the President Pro Tempore of the Senate.

(9) One member of the Senate, appointed by the Minority Leader of the Senate.

(10) One member of the House of Representatives, appointed by the Speaker of the House of Representatives.

(11) One member of the House of Representatives, appointed by the Minority Leader of the House of Representatives.

(d) The RAISE Act Review Committee shall meet at least one time per year before November 1 and shall regularly review the RAISE base funding factor and weighted allocations, review the academic data from each student group targeted through weighted allocations at the state and LEA levels to determine the effectiveness of the RAISE program, and identify any needed revisions for continuous improvement to the RAISE Act.

(e) The RAISE Act Review Committee shall prepare an annual report on the RAISE Act and shall provide the report, on or before November 1 of each year, to the Governor, the State Board of Education, the Senate Finance and Taxation Education Committee, the House Ways and Means Education Committee, the Senate Education Policy Committee, the House Education Policy Committee, and the public. The report must include a review of academic achievement and growth data from each student group targeted through weighted allocations at the state and LEA levels and recommendations on needed revisions to the RAISE Act. ACES may provide research and analysis to support the work of the committee.

(Act 2025-257, §1.)

§ 16-13-367 Raise Act Accountability and Implementation Board

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

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

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

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

(2) The State Superintendent of Education.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(h) Following any hearings, the department shall recommend corrective action for LEAs or individual schools under the jurisdiction of the LEAs. The RAISE Act Accountability and Implementation Board shall approve or amend any proposed corrective action. Corrective action may include, but not be limited to, the loss of autonomy to make budgeting decisions with RAISE Fund allocations; state academic intervention; or other relevant academic interventions, such as those included in the Alabama Numeracy Act in Section 16-6H-12.

(Act 2025-257, §1.)

§ 16-13-368 Development and Implementation of Unified Application; Audit; Department Duties

(a) The department shall develop, with the support of an external partner with expertise in streamlining state and federal funding, a unified application that aligns policy priorities, planning, and budgeting in one application. The unified application shall streamline applications and reporting for all state and federal funding programs away from multiple plans, applications, budgets, and reports into a single application. The unified application shall be operational for the 2028-2029 budget cycle.

(b) In implementing the unified application, the department shall do all of the following:

(1) Set state priorities for funding that focus on achieving key improvements for students and student outcomes.

(2) Align grants to support each spending priority, maximize dollars leveraged for student outcomes, and eliminate redundancies.

(3) Design an application process that meets state and federal compliance requirements and ensures spending is aligned with state priorities.

(4) Support LEAs to build a strong plan for student learning and federal grant spending and articulate adequate achievement and growth goals for students.

(5) Review applications against a set of criteria for plan approval and discretionary awards.

(6) Approve and allocate funding that supports a clear set of plans to support student achievement.

(c) As part of the development of the unified application, the State Superintendent, with the support of an external partner, shall conduct an audit to identify out-of-date, unnecessary, or otherwise burdensome state laws, rules, reporting requirements, and processes that apply to public schools. The audit shall include considerations and recommendations from school and system leaders, educators, advocates, and families. The State Superintendent shall file a report with the Governor, Legislature, and the public by November 1, 2026, outlining the findings of the review and recommendations for corrective actions, including executive orders, statutory changes, or regulatory reforms to empower schools, reduce bureaucracy, and improve student achievement.

(d) Beginning June 1, 2025, the department shall complete the following actions:

(1) Hire an external partner to support the audit and development of the uniform application.

(2) Launch the audit established in subsection (c) and the development of the uniform application.

(e) During the 2027-2028 school year, the department shall complete the following actions:

(1) Complete the development of the unified application no later than February 2028, to allow LEAs to be able to use the unified application for strategic and financial planning for the 2028-2029 school year.

(2) Develop and launch professional learning about the unified application no later than February 2028.

(f) LEAs shall use the unified application to plan their system’s budget beginning with the 2028-2029 school year.

(Act 2025-257, §1.)

Chapter 13A School Fiscal Accountability

§ 16-13A-1 Fiscal Management Policies

A local board of education, to ensure the sound fiscal management of board finances, upon the recommendation of the local superintendent of education, shall adopt fiscal management policies which comply with generally accepted accounting principles, including, but not limited to, policies related to each of the following:

(1) Regular reconciliation of bank statements.

(2) Maintenance of fixed assets inventory.

(3) Deposit of incoming funds.

(4) Review of monthly revenues and expenditures.

(Act 2006-196, p. 275, §2.)

§ 16-13A-2 Financial Oversight by State Superintendent of Education; Appointment and Duties of Chief Education Financial Officer; Internal Audits of Schools and School Systems

(a) The State Superintendent of Education shall oversee the financial integrity of the various local boards of education and shall appoint a Chief Education Financial Officer who shall be an employee of the State Department of Education. The Chief Education Financial Officer shall be a certified public accountant or have equivalent experience as determined by the State Superintendent of Education, shall have experience in educational or governmental finance, shall complete the instructional program provided in Section 16-13A-3 within the later of six months of its introduction or six months of appointment, and shall have passed the mandated competency test provided in Section 16-13A-3 within the later of six months of its adoption or six months of appointment. The Chief Education Financial Officer shall oversee the collection and analysis of the reports required by Section 16-13A-6, shall make reports of the financial integrity of the various local boards of education, shall assist school systems whose financial position is deteriorating, and shall make other reports as deemed necessary or as required by law.

(b) The State Superintendent of Education may employ a sufficient number of persons to analyze internal audits of the various local boards of education and schools within the limits of available funding. Internal auditors shall possess a bachelor’s degree in accounting or finance and experience in educational or governmental finance.

(c) Contracts and employments entered into with funds available to the State Department of Education pursuant to this chapter shall reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. A report shall be made annually to the Legislature detailing the extent to which this subsection has been implemented.

(Act 2006-196, p. 275, §2.)

§ 16-13A-3 Financial Training of Local Superintendents of Education

(a) The State Superintendent of Education shall develop programs for the instruction and training of local superintendents of education in subjects including finance, instruction, and legal requirements. The instruction and training shall be designed to instill a minimum level of competence in local superintendents of education. Tests of competency shall be administered by the State Superintendent of Education as required by Section 16-1-38.

(b) Persons employed before June 1, 2006, as local superintendents by a local board of education or elected by the people shall complete the mandated training and pass the mandated competency test within three years of June 1, 2006, unless they shall sooner become employed by another local board of education in which case they shall immediately complete the mandated training and competency test. All local superintendents of education shall complete the mandated training and pass the mandated competency test before being hired or elected as a local superintendent or after assuming office as provided in subsection (c).

(c) The State Superintendent of Education, based upon reasonable cause, may allow a newly elected or appointed superintendent to attend and satisfactorily complete the training after assuming office.

(Act 2006-196, p. 275, §2.)

§ 16-13A-4 Appointment; Removal of Chief School Financial Officer; Qualifications

(a) In consultation with the local superintendent of education, the local board of education shall appoint a chief school financial officer who shall be an employee of the board.

(b)(1) If the position of chief school financial officer is vacant for 30 days and the local board is not actively seeking to fill the position, the State Superintendent of Education may designate a chief school financial officer for a period of not more than one year, which may be extended from year to year, unless and until the local board appoints a person who meets the established qualifications. In addition, the State Superintendent of Education shall designate a chief school financial officer if the position has been vacant for more than 60 days.

(2) A person designated as chief school financial officer by the State Superintendent of Education may not be unilaterally removed from that position by the local board of education pursuant to subsection (c) without the prior approval of the State Superintendent of Education, but may be replaced after one year by a qualified person selected by the local board.

(c) Except as specified in subdivision (2) of subsection (b), a local board of education, upon a majority vote of its members, shall have unilateral authority to remove the chief school financial officer.

(d) A person designated as a chief school financial officer shall meet the minimum job qualifications established by the local board and the State Board of Education and shall possess or be eligible to possess certification required pursuant to regulations promulgated by the State Board of Education.

(Act 2006-196, p. 275, §2.)

§ 16-13A-5 Supervision, Fiduciary Responsibility of Chief School Financial Officer; Duties

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

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

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

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

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

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

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

(6) Be bonded in an amount determined by the State Board of Education.

(Act 2006-196, p. 275, §2.)

§ 16-13A-6 Required Reports

(a) The State Board of Education shall by regulation provide for various financial and other information which local superintendents of education shall have prepared for the local boards of education, including, but not limited to, the following:

(1) A monthly financial statement showing the financial status of the local board of education accounts with itemized categories specified by the State Board of Education.

(2) A monthly report showing all receipts and the sources thereof.

(3) A monthly report showing all expenditures with itemized categories specified by the State Board of Education.

(4) An annual projected budget.

(5) Monthly and/or quarterly reports showing expenditures relative to such projected budget.

(6) A yearly report of the fixed assets inventory of the local board of education with itemized categories specified by the State Board of Education.

(7) Financial and other information necessary to participate in national statistical studies on education.

(b) The financial information required in subsection (a), as well as any other financial information which the State Board of Education shall require, shall be submitted in writing and/or electronically to the Chief Education Financial Officer by the 15th day of the month following its presentation to the local board of education.

(c) All local boards of education shall be required to implement a standardized financial accounting program as determined by the State Department of Education to collect the information required by this chapter and to provide for ease of input by local boards of education and ease of monitoring by a local board of education, its chief school financial officer, and the State Department of Education. If a local school system’s financial report is found to be in conflict with generally accepted accounting principles, the State Department of Education shall issue a notice to that school system informing it of such and request that proof of correction of conflict be forwarded to the State Department of Education and approved by the State Superintendent of Education within a reasonable time thereafter.

(d) All financial documents, in whatever source maintained, are public documents, and shall be open to inspection and accessible to the public. An annual budget and monthly financial statements with supporting spread sheets as submitted to the State Department of Education shall be made available to the general public at the local school system Internet site.

(Act 2006-196, p. 275, §2.)

§ 16-13A-7 Audits

(a)(1) The yearly business and financial transactions of a local board of education shall be audited as early as possible after the end of the fiscal year.

(2) The audits of the books and accounts of local boards of education shall be conducted by the Department of Examiners of Public Accounts. The Department of Examiners of Public Accounts shall audit, review, and otherwise investigate the receipts and disbursements of funds of each local board in the same manner as audits are performed on other agencies and departments of the State of Alabama.

(3) Any local board of education governing a city school system, other than those city systems required by law to be audited by the Department of Examiners of Public Accounts on June 1, 2006, may employ a certified public accounting firm or firms or use the Department of Examiners of Public Accounts to perform its yearly financial audit of its books and accounts including a legal compliance audit and program compliance audit. The foregoing to the contrary notwithstanding, a city system which has had any financial form of intervention by the State Superintendent of Education shall be audited by the Department of Examiners of Public Accounts, or if any such intervention should become necessary at any future date, such city system shall be audited for three future years by the Department of Examiners of Public Accounts. The Department of Examiners of Public Accounts or the certified public accounting firm or firms shall perform a yearly legal compliance audit in accordance with Chapter 5 of Title 41, and if the compliance audit results in adverse findings by the Department of Examiners of Public Accounts or the certified public accounting firm or firms, the adverse findings shall be reported to the State Superintendent of Education. If the adverse findings involve misappropriation or theft, such findings shall also be reported to the appropriate district attorney and the Attorney General.

(b) Legal compliance audits and program compliance audits performed by a private certified public accounting firm shall adhere to the standards of the Department of Examiners of Public Accounts for each respective type of audit. The Department of Examiners of Public Accounts shall provide these standards to the private certified public accounting firms. Any adverse findings shall be noted in the audit report and reported to the State Superintendent of Education. Such adverse findings shall, upon request, be provided to any member of the public.

(c) A local board of education may request an audit of system funds under control of the same local board by the Department of Examiners of Public Accounts whenever there is a permanent change in the position of local superintendent of education or chief school financial officer.

(d) A local board of education by majority vote may unilaterally request an audit of any school or school system account under control of the same local board by the Department of Examiners of Public Accounts, if the board deems such action is in the best interest of the school system.

(e) The findings of audits conducted pursuant to this section shall be presented to the local board of education in a board meeting. The State Superintendent of Education shall be sent a copy of the audit to review and shall be notified of the time, place, and location of the meeting at which the findings will be presented to the local board of education. Audits are public records.

(Act 2006-196, p. 275, §2.)

§ 16-13A-8 Authority to Expend Funds

Each local board of education shall adopt procedures relating to the expenditure of funds which do not require express board approval prior to the expenditure. A local superintendent of education, subject to these policies and board-approved budget limitations, may expend funds without prior approval of the board. All such expenditures shall be included in the monthly report to the board of expenditures required pursuant to this chapter.

(Act 2006-196, p. 275, §2.)

§ 16-13A-9 Reserve Funds

(a) A local board of education shall develop a plan to establish and maintain a minimum reserve fund equal to one month’s operating expenses. Also, a local board of education shall develop a plan to replenish its reserve fund after any withdrawal is made pursuant to subsection (b).

(b) Local boards of education are authorized to expend such reserve funds if either of the following occur:

(1) The Governor declares proration in the Education Trust Fund.

(2) Total state funds appropriated by the Legislature to the local boards of education are less than the same appropriation for the preceding fiscal year.

(Act 2006-196, p. 275, §2; Act 2009-747, p. 2266, §1.)

§ 16-13A-10 Penalties for Failing to Comply with Chapter

If an employee or official of a local board of education deliberately, willfully, or wantonly fails to provide the local board of education, the State Department of Education, the State Superintendent of Education, or the Chief Education Financial Officer with accurate information required pursuant to this chapter or pursuant to regulations of the State Department of Education or the State Board of Education, or if the employee knowingly, willfully, or wantonly provides inaccurate information, the employee is guilty of a Class A misdemeanor.

(Act 2006-196, p. 275, §2.)

§ 16-13A-11 Liability

No individual member of a local board of education shall be held financially liable for misappropriation of funds of the local board of education unless the individual acts willfully, maliciously, fraudulently, in bad faith beyond his or her authority, or pursuant to a mistaken interpretation of the law.

(Act 2006-196, p. 275, §2.)

§ 16-13A-12 Bonding

(a) The following officers and employees of a local board of education shall be bonded in amounts fixed by the local board of education and approved by the State Superintendent of Education:

(1) Local superintendents of education.

(2) Chief school financial officers.

(3) Any other employee of a local board handling local board of education funds as required by the board.

(b) The Chief Education Financial Officer shall be bonded in an amount fixed by the State Superintendent of Education and approved by the State Board of Education.

(c) A certified copy of the bond shall be filed with the State Superintendent of Education.

(Act 2006-196, p. 275, §2.)

§ 16-13A-13 Publication of Budget and Financial Information

Budget and financial information used for public hearings on local district budgets shall be published on a form provided by the State Superintendent of Education. Such information shall contain financial information at both the school and school district levels.

(Act 2006-196, p. 275, §2.)

Chapter 13B Competitive Bidding for Certain Contracts of County and City Boards of Education

§ 16-13B-1 Applicability; Local Preference Zone; Joint Agreement; Bid Bond

(a)(1) This chapter shall apply to county boards of education and city boards of education, or any combination of city and county boards of education as herein provided for the competitive bidding of certain contracts. With the exception of contracts for public works whose competitive bidding requirements are governed exclusively by Title 39, all expenditure of funds of whatever nature for labor, services, work, or for the purchase of materials, equipment, supplies, or other personal property involving forty thousand dollars ($40,000) or more, and the lease of materials, equipment, supplies, or other personal property where the lessee is, or becomes legally and contractually, bound under the terms of the lease, to pay a total amount of forty thousand dollars ($40,000) or more, made by or on behalf of any city or county board of education, except as hereinafter provided, shall be made under contractual agreement entered into by free and open competitive bidding, on sealed bids, to the lowest responsible bidder.

(2) Beginning October 1, 2027, and every three years thereafter, all minimum dollar amounts used in this chapter shall be subject to a cost adjustment based on the following procedure: The Chief Examiner of the Department of Examiners of Public Accounts may submit to the Chair of the Legislative Council a recommendation that the amount be increased based on the percentage increase in the Consumer Price Index for the immediately preceding three-year period, rounded down to the nearest thousand dollars. The recommendation shall be subject to the approval of the Legislative Council. In the event the recommendation is not disapproved by the Legislative Council by the end of April following the submission of the recommendation, the recommendation shall be deemed to be approved. Upon approval, the Chief Examiner shall notify the public of the adjusted dollar amounts by July 1 before the fiscal year in which the changes are to take effect. The increase may not exceed three percent.

(b) Prior to advertising for bids for an item of personal property, where a city or county board of education, thereof is the awarding authority, the awarding authority may establish a local preference zone consisting of either the legal boundaries or jurisdiction of the awarding authority, or the boundaries of the county in which the awarding authority is located, or the boundaries of the core based statistical area (CBSA) in which the awarding authority is located. If no such action is taken by the awarding authority, the boundaries of the local preference zone shall be deemed to be the same as the legal boundaries or jurisdiction of the awarding authority. In the event a bid is received for an item of personal property to be purchased or contracted for from an individual, firm, or corporation deemed to be a responsible bidder having a place of business within the local preference zone where a city or county board of education thereof is the awarding authority, and the bid is no more than three percent greater than the bid of the lowest responsible bidder, the awarding authority may award the contract to the resident responsible bidder. In the event only one bidder responds to the invitation to bid, the awarding authority may reject the bid and negotiate the purchase or contract, provided the negotiated price is lower than the bid price.

(c) The governing bodies of two or more city or county boards of education, or any combination of two or more city or county boards of education, counties, municipalities, or instrumentalities thereof, may provide, by joint agreement, for the purchase of labor, services, or work, or for the purchase or lease of materials, equipment, supplies, or other personal property for use by their respective agencies. The agreement shall be entered into by official actions of the contracting agencies adopted by each of the participating governing bodies which shall set forth the categories of labor, services, or work, or for the purchase or lease of materials, equipment, supplies, or other personal property to be purchased, the manner of advertising for bids and the awarding of contracts, the method of payment by each participating contracting agency, and other matters deemed necessary to carry out the purposes of the agreement. Each contracting agency’s share of expenditures for purchases under any agreement shall be appropriated and paid in the manner set forth in the agreement and in the same manner as for other expenses of the contracting agency. The contracting agencies entering into a joint agreement, as herein permitted, may designate a joint purchasing or bidding agent, and the agent shall comply with this chapter. Purchases, contracts, or agreements made pursuant to a joint purchasing or bidding agreement shall be subject to all terms and conditions of this chapter. Any participation by counties and municipalities authorized in this section shall be subject to the provisions of subsection (b) of Section 41-16-50. In the event that utility services are no longer exempt from competitive bidding under this chapter, non-adjoining boards of education may not purchase utility services by joint agreement under authority granted by this subsection.

(d) The awarding authority may require bidders to furnish a bid bond for a particular bid solicitation if the bonding requirement applies to all bidders, is included in the written bid specifications, and if bonding is available for the services, equipment, or materials.

(Act 2009-760, p. 2294, §1; Act 2023-203, §1.)

§ 16-13B-2 Exceptions to Competitive Bidding Requirements

(a) Competitive bids shall not be required for utility services for county or city boards of education, the rates for which are fixed by law, regulation, or ordinance, and the competitive bidding requirements of this chapter shall not apply to:

(1) The purchase of insurance.

(2) Contracts for securing services of attorneys, physicians, architects, teachers, superintendents of construction, artists, appraisers, engineers, consultants, certified public accountants, public accountants, or other individuals possessing a high degree of professional skill where the personality of the individual plays a decisive part.

(3) Contracts of employment in the regular civil service.

(4) Contracts for fiscal or financial advice or services.

(5) Purchases of products made or manufactured by blind or visually impaired individuals under the direction or supervision of the Alabama Institute for Deaf and Blind in accordance with Sections 21-2-1 to 21-2-4, inclusive.

(6) Purchases of maps or photographs from any federal agency.

(7) Purchases of manuscripts, books, instructional materials, maps, pamphlets, or periodicals, or the electronic version thereof. The exemption for the purchase of instructional materials shall only include those purchases from a current vetted and approved list published by the State Department of Education.

(8) The selection of paying agents and trustees for any security issued by a public body.

(9) Existing contracts up for renewal for sanitation or solid waste collection, recycling, or disposal and those providing the service.

(10) Purchases of computer and word processing hardware when the hardware is the only type that is compatible with hardware already owned by the entity taking bids and custom software.

(11) Contractual services and purchases of commodities for which there is only one vendor or supplier and contractual services and purchases of personal property which by their very nature are impossible to award by competitive bidding.

(12) Contractual services and purchases of products related to, or having an impact upon, security plans, procedures, assessments, measures, or systems, or the security or safety of persons, structures, facilities, or infrastructures.

(13) Purchases, leases, or lease/purchases of goods or services, other than voice or data wireless communication services, made as a part of any purchasing cooperative sponsored by the National Association of Counties, its successor organization, or any other national or regional governmental cooperative purchasing program. The purchases, leases, or lease/purchases may only be made if all of the following occur:

a. The goods or services being purchased, including those purchased through a lease/purchase agreement, or leased are available as a result of a competitive bid process approved by the Department of Examiners of Public Accounts for each bid.

b. The goods or services are either not at the time available to local boards of education on the state purchasing program or are available at a price equal to or less than that on the state purchasing program.

c. The purchase, lease, or lease/purchase is made through a participating Alabama vendor holding an Alabama business license if such a vendor exists.

(14) Purchases of unprocessed agricultural products as defined in subsection (b) of Section 16-1-46 and the cost of the food purchased is equal to or less than the federal simplified acquisition threshold set in 2 C.F.R. § 200.88.

(15) Purchase of goods or services, other than voice or data wireless communication services, from vendors that have been awarded a current and valid general services administration contract. Prices paid for the goods or services may not exceed the lowest competitively bid price for these goods or services, other than voice or data wireless communication services, and may not exceed the price on an existing state purchasing program.

(b) This chapter shall not apply to:

(1) Any purchases of products where the price of the products is already regulated and established by state law.

(2) Purchases made by individual schools of the county or municipal public school systems from monies other than those raised by taxation or received through appropriations from state or county sources.

(c) The city and county boards of education shall establish and maintain the purchasing facilities and procedures as may be necessary to carry out the intent and purpose of this chapter by complying with the requirements for competitive bidding in the operation and management of each city and county board of education.

(d) Contracts entered into in violation of this chapter shall be void, and any person who violates this chapter shall be guilty of a Class C felony.

(Act 2009-760, p. 2294, §1; Act 2012-437, p. 1234, §2; Act 2012-557, p. 1639, §1; Act 2016-298, p. 741, §1; Act 2017-421, §1; Act 2021-485, §1; Act 2022-80, §3.)

§ 16-13B-2.1 Purpose of Goods or Services Related to the Child Nutrition Program During Certain Emergencies or Unanticipated Events

(a)(1) During an emergency or unanticipated event affecting public health or safety or causing supply chain disruptions, and upon the recommendation of the State Superintendent of Education and the approval of the Department of Examiners of Public Accounts, any city or county board of education that provides meals under the Child Nutrition Program of the Alabama State Department of Education may purchase goods or services related to the program without advertising or bidding as set forth in this chapter. To the extent possible, purchases made under this section shall be executed to include representation of minority-owned business enterprises.

(2) The recommendation by the State Superintendent of Education submitted for consideration under subdivision (1) shall contain a statement setting forth the specific facts regarding the basis and nature of the emergency or unanticipated event affecting public health or safety or causing supply chain disruptions necessitating the action and the geographical region or area to which the emergency or unanticipated event should be limited. Any approval to purchase goods or services under this section shall be limited to 60 days, during which time a contractual agreement for such purchases shall be entered into in compliance with the competitive bid law in this chapter.

(b) Notwithstanding subsection (a), a city or county board of education described in subsection (a), when practicable and to the extent possible, should comply with the advertising and bidding requirements provided in this chapter.

(c) A city or county board of education shall maintain accurate and fully itemized records of all expenditures made pursuant to this section.

(Act 2022-264, §1.)

§ 16-13B-3 Emergency Action

In case of emergency affecting public health, safety, or convenience, so declared in writing by the awarding authority, setting forth the nature of the danger to public health, safety, or convenience involved in delay, contracts may be let to the extent necessary to meet the emergency without public advertisement. Such action and the reasons therefor shall immediately be made public by the awarding authority.

(Act 2009-760, p. 2294, §1.)

§ 16-13B-4 Notice of Proposed Purchase; Bids; Reverse Auction Procedures

(a) All proposed purchases in excess of forty thousand dollars ($40,000) shall be advertised by posting notice thereof on a bulletin board maintained outside the purchasing office and in any other manner and for any length of time as may be determined. Sealed bids or bids to be submitted by a reverse auction procedure shall also be solicited by sending notice by mail or other electronic means to all persons, firms, or corporations who have filed a request in writing that they be listed for solicitation on bids for the particular items that are set forth in the request. If any person, firm, or corporation whose name is listed fails to respond to any solicitation for bids after the receipt of three solicitations, the listing may be cancelled.

(b) Except as provided in subsection (c), all bids shall be sealed when received and shall be opened in public at the hour stated in the notice.

(c) The awarding authority may make purchases or contracts through a reverse auction procedure; provided, however, that a reverse auction shall only be allowed where the item to be purchased at a reverse auction is either not at the time available on the state purchasing program under the same terms and conditions or, if available, the lowest price offered in the reverse auction is equal to or less than the price for which the item is available on the state purchasing program under the same terms and conditions. All of the purchases shall be subject to audit by the Department of Examiners of Public Accounts. For purposes of this chapter, a reverse auction procedure includes either of the following:

(1) A real-time bidding process usually lasting less than one hour and taking place at a previously scheduled time and Internet location, in which multiple anonymous suppliers submit bids to provide the designated goods or services.

(2) a. A bidding process usually lasting less than two weeks and taking place during a previously scheduled period and at a previously scheduled Internet location, in which multiple anonymous suppliers submit bids to provide the designated goods or services.

b. The Department of Examiners of Public Accounts shall establish procedures for the use of reverse auction, which shall be distributed to all contracting agencies and shall be used in conducting any audits of the purchasing agency.

(d) All original bids together with all documents pertaining to the award of the contract shall be retained in accordance with a retention period of at least seven years established by the Local Government Records Commission and shall be open to public inspection.

(e) No purchase or contract involving professional services shall be subject to the requirements of this chapter and no purchase or contract involving an amount in excess of forty thousand dollars ($40,000) shall be divided into parts involving amounts of forty thousand dollars ($40,000) or less for the purpose of avoiding the requirements of this chapter. All partial contracts involving forty thousand dollars ($40,000) or less shall be void.

(Act 2009-760, p. 2294, §1; Act 2023-203, §1.)

§ 16-13B-5 Collusive Agreements

(a) Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition, by agreement, to bid at a fixed price or to refrain from bidding or otherwise shall render the bids of such bidders void and shall cause such bidders to be disqualified from submitting further bids to the awarding authority on future purchases.

(b) Whoever knowingly participates in a collusive agreement in violation of this section involving a bid or bids of forty thousand dollars ($40,000) and under shall be guilty of a Class A misdemeanor and, upon conviction, shall be punished as prescribed by law.

(c) Whoever knowingly and intentionally participates in a collusive agreement in violation of this section involving a bid or bids of over forty thousand dollars ($40,000) shall be guilty of a Class C felony, and upon conviction shall be punished as prescribed by law.

(Act 2009-760, p. 2294, §1; Act 2023-203, §1.)

§ 16-13B-6 Advance Disclosure of Bid Terms

Any disclosure in advance of the terms of a bid submitted in response to an advertisement for bids shall render the proceedings void and require advertisement and award anew.

(Act 2009-760, p. 2294, §1.)

§ 16-13B-7 Defaulting Bidder; Award to Second Lowest Responsible Bidder; Preferences; Sole Source Specification; Life Cycle Costs; Rejection of Bids; Lease-Purchase Contracts

(a) When purchases are required to be made through competitive bidding, awards shall be made to the lowest responsible bidder taking into consideration the qualities of the commodities proposed to be supplied, their conformity with specifications, the purposes for which required, the terms of delivery, transportation charges, and the dates of delivery. If at any time after the award has been made the lowest responsible bidder notifies the awarding authority in writing that the bidder will no longer comply with the terms of the award to provide the goods or services to the awarding authority under the terms and conditions of the original award, or the awarding authority documents that the lowest responsible bidder defaults under the terms of the original award, the awarding authority may terminate the award to the defaulting bidder and make an award to the second lowest responsible bidder for the remainder of the award period without rebidding, provided the award to the second lowest responsible bidder is in all respects made under the terms and conditions contained in the original bid specifications and is for the same or a lower price than the bid originally submitted to the awarding authority by the second lowest responsible bidder.

(b) The awarding authority in the purchase of or contract for personal property or contractual services shall give preference, provided there is no sacrifice or loss in price or quality, to commodities produced in Alabama or sold by Alabama persons, firms, or corporations. Notwithstanding the foregoing, no county or city board of education may specify the purchase of goods or services from a sole source, unless:

(1) The board of education can document that the sole source product or service is of an indispensable nature, no other product or service can meet its needs, all other viable alternatives have been explored, and it has been determined that only this product or service will fulfill the function for which the product is needed. Frivolous features will not be considered.

(2) No other vendor offers substantially equivalent goods or services that can accomplish the purpose for which the goods or services are required.

(3) All information substantiating the use of a sole source specification is documented in writing and is filed into the project file.

(c)(1) For purchases of personal property in instances where the awarding authority determines that the total cost of ownership over the expected life of the item or items, including acquisition costs plus sustaining costs or life cycle costs, can be reasonably ascertained from industry recognized and accepted sources, the lowest responsible bid may be determined to be the bid offering the lowest life cycle costs and otherwise meeting all of the conditions and specifications contained in the invitation to bid. To utilize this subdivision to determine the lowest responsible bidder, the awarding authority shall include a notice in the invitation to bid that the lowest responsible bid may be determined by using life cycle costs and identify the industry recognized and accepted sources that will be applicable to such an evaluation.

(2) The Department of Examiners of Public Accounts shall establish procedures for the use of life cycle costs, which shall be distributed to all contracting agencies and shall be used in conducting any audits of the purchasing agency.

(d) The awarding authority or requisitioning agency may reject any bid if the price is deemed excessive or quality of product inferior.

(e) Each record, with the successful bid indicated thereon, and with the reasons for the award if not awarded to the lowest bidder, shall, after award of the order or contract, be open to public inspection.

(f) Contracts for the purchase of personal property or contractual services shall be let for periods not greater than five years. Lease-purchase contracts for capital improvements and repairs to real property shall be let for periods not greater than 10 years and all other lease-purchase contracts shall be let for periods not greater than 10 years.

(Act 2009-760, p. 2294, §1; Act 2016-298, §1.)

§ 16-13B-8 Bond Requirement

Bond in a responsible sum for faithful performance of the contract, with adequate surety, may be required in an amount specified in the advertisement for bids.

(Act 2009-760, p. 2294, §1.)

§ 16-13B-9 Assignment of Contract

No contract awarded to the lowest responsible bidder shall be assignable by the successful bidder without written consent of the awarding authority, and in no event shall a contract be assigned to an unsuccessful bidder whose bid was rejected because he or she was not a responsible bidder.

(Act 2009-760, p. 2294, §1.)

§ 16-13B-10 Conflict of Interests; Violations

(a) No member or officer of the city and county boards of education shall be financially interested or have any personal beneficial interest, either directly or indirectly, in the purchase of or contract for any personal property or contractual service, nor shall any person willfully make any purchase or award any contract in violation of this chapter.

(b) Any violation of this section shall be deemed a misdemeanor, and any person who violates this section, upon conviction, shall be imprisoned for not more than 12 months or fined not more than five hundred dollars ($500), or both. Upon conviction thereof, any person who willfully makes any purchase or awards any contract in violation of this chapter shall be removed from office.

(Act 2009-760, p. 2294, §1.)

§ 16-13B-11 Action to Enjoin Execution of Contract

Any taxpayer of the area within the jurisdiction of the awarding authority and any bona fide unsuccessful bidder on a particular contract shall be empowered to bring a civil action in the appropriate court to enjoin execution of any contract entered into in violation of this chapter.

(Act 2009-760, p. 2294, §1.)

Chapter 15 Alabama Education Authority

§ 16-15-1 Definitions

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §2.)

§ 16-15-2 Legislative Findings of Fact and Declaration of Intent

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §1.)

§ 16-15-3 Incorporation Authorized

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §3.)

§ 16-15-4 Application for Incorporation

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §4.)

§ 16-15-5 Issuance and Recording of Certificate of Incorporation; No Fees to Be Paid

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §5.)

§ 16-15-6 Members, Officers and Directors; Record of Proceedings

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §6.)

§ 16-15-7 Powers Generally

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §7.)

§ 16-15-8 Issuance and Sale of Bonds; Contracts; Purchases

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §8.)

§ 16-15-9 Execution, Form, Terms and Conditions of Bonds; Sale; Refunding Bonds; Security for Payment; Bonds to Be Negotiable Instruments; Exemption from Taxation; Bonds Legal Investments

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §9; Acts 1969, No. 782, p. 1405, §1.)

§ 16-15-10 Disposition of Proceeds of Bonds

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §10.)

§ 16-15-11 Pledge of Revenues for Payment of Bonds

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §11.)

§ 16-15-12 Payment of Bonds

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §12.)

§ 16-15-13 Dissolution of Authority

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §13.)

Chapter 16 Alabama Public School and College Authority

§ 16-16-1 Definitions

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

(1) THE AUTHORITY. The public corporation organized pursuant to the provisions of this chapter.

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

(3) STATE. The State of Alabama.

Pronouns when used in this chapter shall include all applicable genders.

(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §2.)

§ 16-16-2 Legislative Findings of Fact and Declaration of Intent; Liberal Construction of Chapter

The Legislature hereby makes the findings of fact and declaration of intent hereinafter set forth in this section. The great increase during recent years in the number of students enrolled in the public schools and in other educational institutions in the state that are supported wholly or in part by the state, the anticipated further increase in the enrollment of students in such schools and educational institutions resulting from the greatly increased birth rate and other factors, the increased enrollment in other public institutions in the state and the need to supply additional educational facilities at those other public institutions for the purpose of maintaining and further developing educational programs for the inmates of those institutions have made it imperative that buildings and other facilities for educational purposes be constructed and equipped in all parts of the state. The taxes and other revenues set aside and devoted by law to educational purposes are not sufficient to make the large capital outlays required for such construction and to carry on also the maintenance and operation of the said schools and institutions. The only feasible way in which the needed buildings can be provided is by anticipating the receipt of a portion of the revenues devoted by law to educational purposes by capitalizing those revenues to the end that they may be applied for retirement of the costs of said construction as such revenues are received during the useful life of said buildings. It is, therefore, necessary and desirable that those portions of the excise taxes known as the state sales tax and the state use tax that are required by law to be paid into the Education Trust Fund be anticipated in the manner hereinafter provided for the purpose of effecting the needed capital outlays. It is the intention of the Legislature by the passage of this chapter to authorize the formation of a public corporation for the purpose of providing for the acquisition of such buildings, including sites and equipment therefor, and to authorize said corporation, in order to provide for such acquisition, to anticipate those portions of the two excise taxes hereinafter referred to that are now required by law to be paid into the Education Trust Fund by issuing the bonds of said corporation payable solely out of and secured by a pledge of the said portions of those excise taxes. This chapter shall be liberally construed in conformity with said purpose.

(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §1.)

§ 16-16-3 Incorporation Authorized

The Governor, the State Superintendent of Education and the Director of Finance may become a corporation with the power and authority hereinafter provided by proceeding according to the provisions of this chapter.

(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §3.)

§ 16-16-4 Application for Incorporation

(a) To become a corporation, the Governor, the State Superintendent of Education and the Director of Finance shall present to the Secretary of State of Alabama an application signed by them which shall set forth:

(1) The name, official designation and official residence of each of the applicants, together with a certified copy of the commission evidencing each applicant’s right to office;

(2) The date on which each applicant was inducted into office and the term of office of each of the applicants;

(3) The name of the proposed corporation, which shall be the Alabama Public School and College Authority;

(4) The location of the principal office of the proposed corporation; and

(5) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this chapter or the laws of the State of Alabama.

(b) The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of this state to take acknowledgments to deeds.

(c) The Secretary of State shall examine the application; and, if he finds that it substantially complies with the requirements of this section, he shall receive and file it and record it in an appropriate book of records in his office.

(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §4.)

§ 16-16-5 Issuance and Recording of Certificate of Incorporation; No Fees to Be Paid

When the application has been made, filed and recorded as herein provided, the applicants shall constitute a corporation under the name proposed in the application, and the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this chapter, under the Great Seal of the State, and shall record the certificate with the application. There shall be no fees paid to the Secretary of State for any work done in connection with the incorporation or dissolution of the authority.

(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §5.)

§ 16-16-6 Members, Officers and Directors; Quorum for Transacting Business; Effect of Death, Resignation or Expiration of Term; Salary; Record of Proceedings; Copies of Proceedings as Evidence

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

(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §6.)

§ 16-16-7 Powers Generally

The authority shall have the following powers:

(1) To have succession by its corporate name until the principal of and interest on all bonds issued by it shall have been fully paid;

(2) To sue and be sued and to prosecute and defend in any court having jurisdiction of the subject matter and of the parties thereto;

(3) To have and to use a corporate seal and to alter the seal at pleasure;

(4) To establish a fiscal year;

(5) To provide for the construction, reconstruction, alteration and improvement of public buildings and other facilities for public educational purposes in the state, including the procurement of sites and equipment therefor;

(6) To anticipate by the issuance of its bonds the receipt of the revenues herein appropriated and pledged;

(7) As security for the payment of the principal of and interest on its bonds, to pledge the proceeds of the appropriations and pledges herein provided for; and

(8) To appoint and employ such attorneys and agents as the business of the authority may require.

(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §7.)

§ 16-16-8 Authority Empowered to Sell and Issue Bonds for Construction, Etc., of Facilities for Public Educational Purposes; Procedure for Letting Contracts

(a) The authority is hereby authorized from time to time to sell and issue its bonds, not exceeding $116,000,000.00 in aggregate principal amount, for the purpose of providing funds for construction, reconstruction, alteration and improvement of buildings and other facilities for public educational purposes in the state, including the procurement of sites and equipment therefor, and for payment of obligations incurred for any such purpose. The cost of construction, reconstruction, alteration and improvement of any such buildings or other facilities shall be deemed to include fees for services rendered by architects and building inspectors in connection therewith.

(b) All contracts involving the expenditure of any funds derived by a county or city board of education under this chapter shall be let on competitive bids in the same manner and according to the same procedure as prescribed for the award of contracts for public works in Sections 39-2-1 through 39-2-13 and 39-5-1 through 39-5-6.

(c) All contracts involving the use of such funds for the purchase of supplies, materials or equipment by county or city boards of education shall be on the basis of competitive bidding, to be conducted in the same manner and according to the same procedure as provided for state purchases in Sections 41-16-20 through 41-16-32.

(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §8.)

§ 16-16-9 Execution, Form, Terms and Conditions of Bonds; Sale; Refunding Bonds; Bonds to Be Limited Obligations; Security for Payment; Bonds as Negotiable Instruments; Exemption from Taxation; Bonds as Security for Deposits and for Investment of Fiduciary Funds

(a) The bonds of the authority shall be signed by its president and attested by its secretary, and the seal of the authority shall be affixed thereto, and any interest coupons applicable to such bonds shall be signed by the president; provided, that a facsimile of the signature of one, but not both, of the said officers may be printed or otherwise reproduced on any such bonds in lieu of his manually signing the same, a facsimile of the seal of the authority may be printed or otherwise reproduced on any such bonds in lieu of being manually affixed thereto and a facsimile of the president’s signature may be printed or otherwise reproduced on any such interest coupons in lieu of his manually signing the same.

(b) Any bonds of the authority may be executed and delivered by it at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall bear such rate or rates of interest, payable at such times and evidenced in such manner, and may contain other provisions not inconsistent herewith, all as may be provided by the resolution of the board of directors whereunder such bonds are authorized to be issued; provided, that no bond of the authority shall have a specified maturity date later than 21 years after its date.

(c) Any bond of the authority may be made subject to redemption at the option of the authority at such times and after such notice and on such conditions and at such redemption price or prices as may be provided in the resolution under which it is authorized to be issued; provided, that those bonds of the authority having specified maturity dates more than 10 years after their date shall be made subject to redemption at the option of the authority at the end of the tenth year after their date, and on any interest payment date thereafter, after such notice and under such terms and conditions and at such redemption price or prices as may be provided in the resolution under which such bonds are authorized to be issued.

(d) Bonds of the authority may be sold from time to time as the board of directors may deem advantageous, but bonds of the authority must be sold only at public sale, either on sealed bids or at public auction, to the bidder whose bid reflects the lowest net interest cost to the authority for the bonds being sold, computed from their date to their respective maturities; provided, that if no bid acceptable to the authority is received it may reject all bids. Notice of each such sale shall be given by publication in either a financial journal or a financial newspaper published in the City of New York, New York, and also a publication in a daily newspaper published in the State of Alabama, each of which notices must be published at least one time not less than 10 days before the date fixed for the sale. The board of directors may fix the terms and conditions under which such sale may be held; provided, that none of the bonds may be sold for a price less than the face value thereof; and provided, further, that such terms and conditions shall not conflict with any of the requirements of this chapter.

(e) Subject to the provisions and limitations contained in this chapter, the authority may from time to time sell and issue refunding bonds for the purpose of refunding any matured or unmatured bonds of the authority then outstanding.

(f) Approval by the Governor of Alabama of the terms and conditions under which any bonds of the authority may be issued shall be requisite to their validity. Such approval shall be entered on the minutes of the meetings of the board of directors at which the bonds are authorized and shall be signed by the Governor.

(g) The authority may pay out of the proceeds of the sale of its bonds attorneys’ fees and the expenses of issuance, which said board of directors may deem necessary and advantageous in connection with the issuance of such bonds. No fiscal agents’ fees shall be paid in connection with the issuance or sale of any such bonds.

(h) Bonds issued by the authority shall not be general obligations of the authority but shall be payable solely out of the funds appropriated and pledged therefor in Section 16-16-11.

(i) As security for the payment of the principal of and interest on the bonds issued by it, the authority is hereby authorized and empowered to pledge for payment of such principal and interest the funds that are appropriated and pledged in Section 16-16-11 for payment of such principal and interest. All such pledges made by the authority shall take precedence in the order of the adoption of the resolution containing such pledges.

(j) All contracts made and all bonds issued by the authority pursuant to the provisions of this chapter shall be solely and exclusively obligations of the authority and shall not be an obligation or debt of the State of Alabama.

(k) Bonds issued by the authority shall be construed to be negotiable instruments, although payable solely from a specified source, as provided herein.

(l) All bonds issued by the authority and the income therefrom shall be exempt from all taxation in the State of Alabama.

(m) Any bonds issued by the authority may be used by the holder thereof as security for any funds belonging to the state, or to any political subdivision, instrumentality or agency of the state, in any instance where security for such deposits may be required by law.

(n) Unless otherwise directed by the court having jurisdiction thereof, or the document that is the source of authority, a trustee, executor, administrator, guardian or one acting in any other fiduciary capacity may, in addition to any other investment powers conferred by law and with the exercise of reasonable business prudence, invest trust funds in bonds of the authority.

(o) Neither a public hearing nor consent of the State Department of Finance or any other department or agency shall be a prerequisite to the issuance of bonds by the authority.

(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §9; Acts 1969, No. 783, p. 1407, §1.)

§ 16-16-10 Disposition of Proceeds of Bonds

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) The preparation of all plans and specifications for any building constructed wholly or in part with any of the money realized from this issue and all work done hereunder in regard to the construction, reconstruction, alteration and improvement of buildings shall be supervised by the Alabama Building Commission, or any agency which may be designated by the Legislature as its successor, and the authority shall reimburse the Building Commission for its reasonable direct costs in having plans, specifications and contract documents prepared and in supervising and inspecting the work.

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

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

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

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

(r) In the event the bonds are sold in more than one series, the proceeds from the sale of each series, after payment of the expenses of the issuance of that series, shall be distributed among those designated in this section in the same respective proportions as they would have been entitled to receive if the entire authorized issue of bonds had been sold at one time.

(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §10.)

§ 16-16-11 Pledge of Revenues for Payment of Bonds

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

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

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

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

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

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

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

(d) As security for the payment of the principal of and interest on the bonds issued under this chapter, the corporation is authorized to pledge the proceeds of the appropriation and pledge herein provided for.

(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §11.)

§ 16-16-12 Payment of Principal and Interest on Bonds

Out of the revenues appropriated and pledged in Section 16-16-1, the State Treasurer is hereby authorized and directed to pay the principal of and interest on the bonds issued by the authority under the provisions of this chapter, as such principal and interest shall respectively mature, and the State Treasurer is further authorized and directed to set up and maintain appropriate records pertaining thereto.

(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §12.)

§ 16-16-13 Dissolution of Authority

At any time when no bonds of the authority are outstanding, the authority may be dissolved upon the filing with the Secretary of State of an application for dissolution, which shall be subscribed by each of the members of the authority and sworn to by each such member before an officer authorized to take acknowledgments to deeds. Upon the filing of such application for dissolution, the authority shall cease to exist. The Secretary of State shall file and record the application for dissolution in an appropriate book of record in his office, and shall make and issue, under the Great Seal of the State, a certificate that the authority is dissolved and shall record such certificate with the application for dissolution.

(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §13.)

§ 16-16-14 Use of Bond Proceeds for Loans to Local Boards of Education

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

(Act 98-373, p. 682, §9; Act 2006-291, p. 581, §1(b)(1); Act 2009-813, p. 2530, §2.)

§ 16-16-14.1 Sale of Bonds and Other Details of Bonds

From and after August 14, 2009, bonds issued by the authority under subsection (b) of Section 3 of Act 98-373 may be sold by negotiated sale or by competitive bid at such price or prices and at such time or times as the authority may consider advantageous. In addition, bonds hereafter issued by the authority under subsection (b) of Section 3 of Act 98-373 may bear such maturities, may be subject to redemption, or may not be subject to redemption, all on such terms as the authority may consider advantageous. Notwithstanding any other provision of law, bonds, notes, or other debt obligations issued under the provisions of the American Recovery and Reinvestment Act of 2009 or other governmental program providing cost-savings or conditions acceptable to the authority may be issued by the authority after review by the Alabama Public School and College Education Incentive Fund Council created in Section 16-16-15. The council shall make their review within 10 days after receiving notification from the authority. In addition, bonds, notes, or other debt obligations issued under the provisions of the American Recovery and Reinvestment Act of 2009 or other governmental program providing cost-savings or conditions acceptable to the authority may contain such other terms and provisions as shall be necessary to comply with federal legislation, including the American Recovery and Reinvestment Act of 2009 and the Internal Revenue Code of 1986, as amended. In addition, proceeds from the sale of bonds issued as qualified school construction bonds or qualified zone academy bonds may be provided only to those participating local boards of education that irrevocably pledge for the entire bond maturation period an amount of revenue sufficient to meet the corresponding debt service obligations of such local board of education.

(Act 2009-813, p. 2530, §3; Act 2010-731, p. 1841, §2.)

§ 16-16-14.2 Legislative Intent

Act 2010-731 is adopted by the Legislature of the State of Alabama to amend certain provisions of the Code of Alabama 1975 and certain prior acts of the Legislature of Alabama and to make other provisions in a manner intended to permit the Alabama Public School and College Authority (the authority) to issue bonds, notes, or other debt obligations under the provisions of the American Recovery and Reinvestment Act of 2009 or other governmental program providing cost-savings or conditions acceptable to the authority. The issuance of such bonds, notes, or other debt obligations by the authority for the benefit of local boards of education in the state will provide financing for such local boards on favorable terms and will thereby serve an essential need of the citizens of the state. Bonds of the authority in the form of bonds, notes, or other debt obligations under the provisions of the American Recovery and Reinvestment Act of 2009 or other governmental program shall be, and are hereby authorized to be, issued by the authority under Section 3(b) of Act No. 98-373 and Act 2010-731.

(Act 2010-731, p. 1841, §1.)

§ 16-16-15 Incentive Fund and Council

(a) There is hereby created the Alabama Public School and College Education Incentive Fund (Incentive Fund). Fifty-five million dollars ($55,000,000) from the first series of bonds issued pursuant to Act 2007-415 shall be deposited into the Incentive Fund.

(b) There is hereby created the Alabama Public School and College Education Incentive Fund Council. The council shall be made up of the State Superintendent of Education; the Director of Finance; one member, who shall not be an elected official, appointed by the Governor; the Lieutenant Governor; the Chair of the Senate Finance and Taxation-Education Committee; and the Chair of the House Education Appropriations Committee. The Lieutenant Governor and legislative members of the council shall be entitled to their regular per diem when attending council meetings. The council created by this section shall allocate capital expenditures from the Incentive Fund. Authorized expenditures from the Incentive Fund shall include, but not be limited to, matching local funds for the consolidation of schools; the advancement of technology; capital losses as the result of natural disasters; infrastructure for fast growing school systems or institutions; career technical facilities; public libraries; and capital needs to assist schools that are not accredited by the Southern Association of Colleges and Schools. Entities applying for grants from the Incentive Fund shall make application to members of the council. The council may require local match for certain capital projects. Upon the deposit of the monies into the Incentive Fund, the council shall meet at least quarterly to consider grant applications. Four members of the council shall constitute a quorum and four members must be present and vote affirmatively for the approval of any grant application. The council shall hold its first meeting within the first quarter following the deposit of the first monies into the Incentive Fund. The council shall elect a chair at the first meeting. The chair shall call subsequent meetings of the council. If the chair fails to call a meeting at least quarterly, a meeting shall be held upon a written request by at least four members of the council.

(c) Not later than three years following allocation of bond proceeds as provided in Act 2007-415, the authority shall review the status of any unexpended allocations, and, at its sole discretion, determine if unexpended allocations or any portion thereof shall revert to the authority for reallocation by the Alabama Public School and College Education Incentive Fund Council.

(Act 2007-415, p. 846, §§10, 11.)

§ 16-16-16 Racial and Ethnic Diversity

(a) The authority shall hire or contract with businesses or individuals which reflect the racial and ethnic diversity of the state.

(b) The authority shall hire or contract with attorneys, fiscal advisors, trustees, paying agents, investment bankers, banks, and underwriters which reflect the racial and ethnic diversity of the state.

(Act 2007-415, p. 846, §13; Act 2009-813, p. 2530, §4.)

§ 16-16-17 Swap Agreements

Notwithstanding any other provision of law, including without limitation Article 3 of Chapter 1 of Title 41, the Public School and College Authority shall not enter into any swap agreement involving the bonds authorized to be issued by Act 2010-731 or Act 2009-813. For purposes of the preceding sentence, swap agreement shall have the same meaning as provided in Section 41-1-41.

(Act 2010-731, p. 1841, §3.)

Chapter 16A Base Realignment and Closure Distributions

§ 16-16A-1 Legislative Findings

Military installations are a major source of economic stability for Alabama and, particularly, Madison County and North Alabama and are important to our Nation’s defense. The United States Department of Defense was legislatively directed to reorganize its military installation infrastructure through the 2005 Base Realignment and Closure (2005 BRAC) process. As a result of the 2005 BRAC and anticipated future base realignment and closure activities, Madison County and North Alabama have and are expected to experience significant growth which demands modernizing and expanding the infrastructure for schools, and school related capital projects, in the areas impacted by the growth at Redstone Arsenal. It is expected that Alabama will gain thousands of high paying jobs because of the 2005 BRAC and anticipated future Base Realignment and Closure processes. It is found and declared to be necessary to foster business growth and job creation and generate tax revenues by rendering aid to the school districts impacted by the growth at Redstone Arsenal.

(Act 2010-551, p. 980, §1.)

§ 16-16A-2 Definitions

As used in this chapter, the following words and phrases shall have the following meanings:

(1) AUTHORITY. The Public School and College Authority.

(2) BASELINE DATE. January 1, 2006.

(3) 2005 BRAC. a. Closure actions according to the 2005 Base Closure and Realignment Commission Report of the U.S. Department of Defense as they relate to Redstone Arsenal.

b. Subsequent BRAC Actions are closure actions according to any Base Closure and Realignment Commission Report of the U.S. Department of Defense subsequent to the 2005 Base Closure and Realignment Commission Report of the U.S. Department of Defense or administrative actions by a United States government agency, department, or organization which positively impact the number of Redstone Arsenal jobs.

(4) BRAC DISTRIBUTIONS. Bond proceeds to be distributed to the local school districts for purposes of and as allocated by this chapter.

(5) BRAC IMPACTED AREA. The geographic area within Madison County and the City of Huntsville described by a closed perimeter boundary consisting of Cummings Research Park, East and West, Thornton Research Park, Redstone Gateway EUL Area, and Redstone Arsenal.

(6) DETERMINATION DATE. September 30 of the fiscal year in which the Authority obtains certification that the jobs requirements of this chapter have been satisfied.

(7) GARRISON. The Garrison located at Redstone Arsenal, Alabama, and any successor thereto.

(8) PERMITTED INVESTMENTS. (i) Government Securities; (ii) bonds, debentures, notes or other evidences of indebtedness issued by any of the following agencies: Bank for Cooperatives; Federal Intermediate Credit Banks; Federal Financing Bank; Federal Home Loan Banks; Federal Farm Credit Bank; Export-Import Bank of the United States; Federal Land Banks; or Farmers Home Administration or any other agency or corporation which has been or may hereafter be created by or pursuant to an act of Congress of the United States as an agency or instrumentality thereof; (iii) bonds, notes, pass through securities or other evidences of indebtedness of Government National Mortgage Association and participation certificates of Federal Home Loan Mortgage Corporation; (iv) full faith and credit obligations of any state, provided that at the time of purchase such obligations are rated at least “AA” by Standard & Poor’s Rating Group and at least “Aa” by Moody’s Investors Service; (v) public housing bonds issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by contracts with the United States of America, or temporary notes, preliminary notes or project notes issued by public agencies or municipalities, in each case fully secured as to the payment to both principal and interest by a requisition or payment agreement with the United States of America; (vi) time deposits evidenced by certificates of deposit issued by banks or savings and loan associations which are members of the Federal Deposit Insurance Corporation, provided that, to the extent such time deposits are not covered by federal deposit insurance, such time deposits (including interest thereon) are fully secured by a pledge of obligations described in clauses (i), (ii), (iii), and (v) above, which at all times have a market value not less than the amount of such bank time deposits required to be so secured and which meet the greater of 100% collateralization or the “AA” collateral levels established by Standard & Poor’s Ratings Group for structured financings; (vii) repurchase agreements for obligations of the type specified in clauses (i), (ii), (iii), and (v) above, provided such repurchase agreements are fully collateralized and secured by such obligations which have a market value at least equal to the purchase price of such repurchase agreements which are held by a depository satisfactory to the State Treasurer in such manner as may be required to provide a perfected security interest in such obligations, and which meet the greater of 100% collateralization or the “AA” collateral levels established by Standard & Poor’s Ratings Group for structured financings; and (viii) uncollateralized investment agreements with, or certificates of deposit issued by, banks or bank holding companies, the senior long-term securities of which are rated at least “AA” by Standard & Poor’s Ratings Group and at least “Aa” by Moody’s Investors Service.

(Act 2010-551, p. 980, §2; Act 2012-562, p. 1662, §1.)

§ 16-16A-3 Distribution Calculation

For purposes of this chapter, the BRAC Distribution provided by the Authority shall be the difference calculated by subtracting the number of jobs in the BRAC Impacted District on the Baseline Date from the number of jobs in the BRAC Impacted Area on the Determination Date for any year in which the Authority distributes bond proceeds. The calculated difference shall be divided proportionately to produce the BRAC Distribution for any distribution calculation. The method for the Authority to distribute the amount paid by the state shall be determined in accordance with Section 16-16A-4

(Act 2010-551, p. 980, §3.)

§ 16-16A-4 Distribution Considerations

The Authority shall distribute the BRAC Distribution to a local school district based upon the percentage of BRAC Impacted Area employees living in a city or county served by that school district, in accordance with the following:

(1) Prior to the distribution of any bond proceeds authorized by this chapter, the City of Huntsville Federal Building Authority shall obtain from the Garrison the number of employees at Redstone Arsenal and the location of their residence based upon the Zip Codes of the employees.

(2) The Authority shall allocate the portion of the BRAC Distributions to each city or county school district where the employees reside based on the percentage calculated by the City of Huntsville Federal Building Authority using the information referred to in subdivision (1). If an employee resides in a city, any bond proceeds shall be allocated to the school district of the city of residence. If an employee does not reside in a city, any bond proceeds shall be allocated to the county school district in which the employee resides.

(Act 2010-551, p. 980, §4.)

§ 16-16A-5 Calculation; Criteria and Procedures

The City of Huntsville Federal Building Authority is hereby authorized to calculate the amount of BRAC Distribution that is due to each county or city school system and the Public School and College Authority shall specify criteria and procedures for the application, approval, and monitoring of the benefits under this chapter.

(Act 2010-551, p. 980, §5.)

§ 16-16A-6 Requirements for Authorization of Bonds

The Authority shall not authorize any bonds unless and until employers located in the BRAC Impacted Area provide a certification and possess proof of the number of employees in the BRAC Impacted Area directly existing because of the 2005 BRAC or Subsequent BRAC Actions, or as a result of administrative actions by a United States government agency, department, or organization, as of January 1, 2010, to the City of Huntsville Federal Building Authority and to the Authority. The City of Huntsville Federal Building Authority shall request of the Garrison, or its designee, the number of persons employed at Redstone Arsenal and shall provide such information to the Authority. In order to prevent double-counting of employees in the BRAC Impacted Area in the case of private employers, the certifications shall delineate between employees located at Redstone Arsenal and those not located at Redstone Arsenal. The number of jobs in the BRAC Impacted Area shall be the sum of the number of employees employed on Redstone Arsenal plus the total number of jobs not on Redstone Arsenal but inside the BRAC Impacted Area directly existing because of the 2005 BRAC or Subsequent BRAC Actions, or as a result of administrative actions by a United States government agency, department, or organization. On or before December 31 of each year until the bond proceeds are issued, the City of Huntsville Federal Building Authority shall submit a report to the Governor and to the Director of Finance detailing the number of jobs within the BRAC Impacted Area created since the Baseline Date.

(Act 2010-551, p. 980, §6.)

§ 16-16A-7 Additional Findings; Bonds Authorized; Procedures

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Act 2010-551, p. 980, §7; Act 2012-562, p. 1662, §1.)

§ 16-16A-8 Counties Authorized to Participate

In addition to the counties participating under Section 16-16A-7, Jackson County and Marshall County may also participate in the funding benefits of this chapter.

(Act 2010-551, p. 980, §8; Act 2012-562, p. 1662, §1.)

§ 16-16A-9 Disposition of Funds

(a) The proceeds derived from each sale of the Bonds issued pursuant to this chapter shall be deposited in the State Treasury and shall be carried in a separate fund therein for the account of the Authority, which shall pay the expenses of issuance therefrom. The expenses of issuance of the Bonds shall be prorated among the recipients of the proceeds from the sale of the Bonds in proportions they receive allocations of the proceeds thereunder. The proceeds from the sale of the Bonds remaining after payment of the expenses of issuance thereof shall be retained in said fund and, until they are paid out, shall be invested by the State Treasurer at the direction of the Authority in Permitted Investments maturing at such time or times as the Authority shall direct.

(b) Proceeds from the sale of the Bonds and the earnings thereon shall be paid out from time to time on orders or warrants issued by or at the direction of the Authority for any one or more of the purposes specified in this chapter, and for reimbursement to the Alabama Building Commission for its reasonable direct cost in reviewing plans, specifications and contract documents prepared and in supervising and inspecting the work.

(Act 2010-551, p. 980, §9.)

Chapter 16B Alabama Ahead Act

§ 16-16B-1 Short Title; Electronic Textbooks; Wireless Electronic Devices; Rule Making Authority; Implementation Plan; Alabama Ahead Oversight Committee

(a) This chapter shall be known and may be cited as the Alabama Ahead Act.

(b)(1) Commencing with the 2016-2017 school year, students may be provided textbooks in electronic format . Textbooks in electronic format may be available to schools under the jurisdiction of those local boards of education which choose to participate in Alabama Ahead, to the extent practicable and funding is obtainable, to provide students with resources in the following three areas:

a. Wireless broadband access via high-quality WiFi infrastructure in schools, as a first priority pursuant to Section 16-6B-2.1.

b. Upgrades, expansions, and maintenance of existing WiFi infrastructure.

c. Devices, digital content, management systems, debt service, or support.

(2) Digital textbooks or other instructional materials provided in electronic format may also be provided to students to support the appropriate course or courses of study.

(c) Where feasible, each student and teacher may be provided in lieu of or in addition to hardbound textbooks and other instructional materials, in whole or in part, a mobile digital computing device, or other similar wireless electronic device for utilizing 21st Century technology for storing, reading, accessing, exploring, and interacting with digital textbooks and other instructional materials. Local boards of education that choose to participate in this plan shall establish practices and policies to ensure the safe-keeping and maintenance of such devices and conduct inventories to account for them annually.

(d)(1) The Department of Education shall adopt such rules as necessary to fully implement this section and Sections 16-6B-2 and 16-6B-2.1.

(2) Any system that chooses to participate in Alabama Ahead shall submit an application to the State Department of Education, a copy of which shall be provided to the Alabama Ahead Oversight Committee.

(e) There is created the Alabama Ahead Oversight Committee. The Oversight Committee shall consist of the Chair of the House Ways and Means Education Committee or designee, the Chair of the Senate Finance and Taxation Education Committee or designee, two members appointed by the Speaker of the House of Representatives, two members appointed by the President Pro Tempore of the Senate, the Director of the Governor’s Broadband Initiative Office, the State Superintendent of Education or designee, and an appointee of the School Superintendents of Alabama. The oversight provided by the Oversight Committee shall include, but not be limited to: (1) evaluating and confirming the appropriateness of applications submitted to the State Department of Education and (2) providing oversight and administration of implementation.

(f) Ex officio members of the Oversight Committee shall include a representative of: the Alabama Technology Network, the Alabama Virtual Library, the Alabama Supercomputer Authority, Alabama Public Television, and the Alabama Educational Technology Association (AETA) who have experience and knowledge in the administration and management of school networks.

(g) With the exception of those members serving on the committee by virtue of their respective offices, each member must have proven experience in the areas of instructional technology, network design, public school business practices, public school administration, or other similar experience commensurate with the duties and responsibilities of the proper knowledge of the implementation of this project.

(h) Appointed members shall not be entitled to receive any direct or indirect personal gain from this assignment. The members shall serve without compensation for their services.

(i) The membership of the Committee shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

(Act 2012-560, p. 1645, §1; Act 2016-139, §1.)

§ 16-16B-2 Definitions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) Nouns and pronouns when used in this chapter shall be deemed to include both singular and plural and all applicable genders.

(Act 2012-560, p. 1645, §2; Act 2016-139, §1.)

§ 16-16B-2.1 Wireless Infrastructure and Mobile Digital Computing Devices; Application for Funds; Implementation Plan

(a)(1) Contingent on funding, during the 2016-2017 school year, local school systems may begin installing sufficient, high-quality standards-based broadband WiFi infrastructure and, where possible, mobile digital devices to enable access to digital instructional materials and, to the extent practicable, textbooks in electronic format.

(2) In order to accomplish subdivision (1), the following priorities are established:

a. Wireless infrastructure: The first priority for the expenditure of Alabama Ahead Act funds is the establishment of a high-quality, standards-based wireless local area network (WLAN) infrastructure capable of providing all teachers and students with sufficient WiFi broadband access in all classrooms and common areas of schools, where feasible as described in WIRED.

b. Standards: Local school systems shall use applicable funds to install wireless networks or upgrade existing networks to satisfy Alabama Educational Technology Association (AET) standards that include high-quality, enterprise level networking equipment.

Each regular classroom shall be equipped with high-quality wireless access for 30 to 40 devices simultaneously. Each specialty classroom, that routinely serves groups of less than 20 people, may satisfy a lesser standard.

Each cafeteria shall have sufficient wireless access for one-third of the then current enrollment of the school.

Each library media center shall be equipped with high quality wireless access for at minimum one-third of the capacity of the library media center.

Each administrative and noninstructional area of a school shall have coverage, however, high density coverage is not required in these areas.

c. Upon installation and approval of the standards-based wireless infrastructure, or upgrades of existing wireless infrastructure, local school systems may use the remaining funds available to those local school systems for the purposes established pursuant to this section and Sections 16-6B-1 and 16-6B-2. To expend these funds, an application shall be submitted to the Educational Technology Department of the State Department of Education.

d. Other network technology: If the wireless networks of a local school system satisfy the requirements of the Oversight Committee, funds may be spent to further enhance digital learning environments within the schools of that school system and may include technologies such as:

1. Support and warranty services.

2. Optional hardware and software to manage or enhance the digital learning environment.

e. Network debt. Funds may be used for retiring debt for a network brought into compliance with the standards; or, for networks previously installed that satisfy the standards established by the Oversight Committee.

(b) Any application for funds shall be submitted and signed by the technology coordinator, the superintendent, and the chief school financial officer of the local school system. The application shall include a component for the professional development of teachers.

(c) Implementation plan: School systems shall apply for their portion of the Alabama Ahead Act funding through the State Department of Education. Applications for funding shall include all of the following:

(1) Technology plan: An approved technology plan as required of all school systems as part of the Foundation Program.

(2) Infrastructure readiness report: School systems shall provide an infrastructure readiness report describing each school’s WLAN as well as the systems used to manage these networks.

(3) a. Accountability in the use of funds: At least every six months until the project is complete, the State Department of Education shall provide a report to the Oversight Committee detailing the progress of local school systems in meeting the 24-month goal of a statewide implementation.

b. The State Department of Education shall include WLAN infrastructure functionality in its monitoring standards as part of the ongoing accountability of this investment.

(Act 2016-139, §2.)

§ 16-16B-3 (Implementation Conditioned on Separate Legislative Enactment.) Authorization to Issue Additional Bonds and Purposes Thereof

(a) The Authority is hereby authorized to sell and issue its Bonds in the aggregate principal amount of up to $100,000,000 and to apply the proceeds as provided in this chapter, to include the following purposes: Paying the costs of acquisition and maintaining computer equipment, software, and digital textbooks for public education purposes in the State.

(b) The Bonds authorized by this chapter to be issued by the Authority shall be in addition to all other bonds previously authorized to be issued by it, and the powers conferred on the Authority by this chapter are in addition to all other powers heretofore conferred on the Authority by acts heretofore enacted by the Legislature.

(Act 2012-560, p. 1645, §3.)

§ 16-16B-4 (Implementation Conditioned on Separate Legislative Enactment.) Execution and Other Details of the Bonds

The Bonds shall be signed by the president or vice-president of the Authority, and the seal of the Authority affixed thereto (or a facsimile thereof imprinted thereon) and attested by its secretary. All signatures of the president, vice-president, and secretary may be facsimile signatures if the Authority, in its proceedings with respect to issuance, provides for manual authentication (which may be in the form of a certificate as to registration) of the Bonds by a trustee, registrar or paying agent or by named individuals who are employees of the State and who are assigned to the Finance Department or State Treasurer’s Office of the State. All Bonds bearing signatures or facsimiles of the signatures of officers of the Authority in office on the date of signing thereof shall be valid and binding notwithstanding that before the delivery thereof and payment therefor, any officer whose signature appears thereon shall have ceased to be an officer of the Authority. The Bonds and the income therefrom shall be exempt from all taxation in the State of Alabama, may be used as security for deposits, and shall be eligible for investments of fiduciary funds, as provided in the 1965 Act. The Bonds shall be construed to have all the qualities and incidents of negotiable instruments subject to any registration provisions pertaining to transfers. The Authority and the Bonds shall be exempt from all laws of the State governing usury including, without limitation, the provisions of Title 8, Chapter 8, or any subsequent statute of similar import. The Bonds shall be in such form or forms and denomination or denominations and of such tenor and maturities, shall bear such rate or rates of interest payable and evidenced in such manner, may be made subject to redemption prior to their maturities, and may contain provisions not inconsistent with this chapter, all as may be provided by the resolution of the Authority under which the Bonds may be issued; provided, that no Bonds shall have a specified maturity date later than 20 years after their date; and provided further, that those Bonds having maturities more than 10 years after their date shall be subject to redemption at the option of the Authority on any date on and after the tenth anniversary after their date at such redemption price or prices and under such conditions as may be prescribed in the proceedings of the Authority under which they are issued. For the purpose of paying the principal of, premium, if any, and interest on the Bonds or any Refunding Bonds, the Authority shall designate the State Treasurer or such bank or banks as the Authority, in its discretion, determines to be appropriate and desirable. Funds for the payment of debt service shall be transferred by the Authority or the State Treasurer on behalf of the Authority to the designated paying agent on the actual due date of such principal, premium, if any, or interest.

(Act 2012-560, p. 1645, §4.)

§ 16-16B-5 (Implementation Conditioned on Separate Legislative Enactment.) Sale of the Bonds

The Bonds may be sold by the Authority from time to time in series, and if sold in more than one series, may all be authorized in one initial resolution of the Authority with the pledges therefor made by the Authority in such initial resolution although some of the details applicable to each series may be specified in the respective resolutions under which the different series are issued. The Authority, in the course of establishing, by resolution, a principal amount of Bonds to be authorized for sale at any given time, or to be sold in any series, may take into account the existence of any unexpended proceeds of prior issues of bonds of the Authority (and of any other issuer, if such should be deemed by the Authority to be relevant), and may structure the portions of the allocations provided for in Section 16-16B-9 to be distributed from the proceeds of a particular series (constituting less than all the Bonds authorized by this chapter) as the Authority deems necessary or prudent in order to enable the Authority to comply with any tax covenants that may be required of it, or that may be deemed by it to be prudent to be given by it, in connection with the sale of any series of the Bonds. Each series of the Bonds shall be sold competitively only at public sale, on sealed bids which may be submitted either electronically or in writing, after such advertisement as shall be prescribed by the Authority and at such time or times as the Authority may consider advantageous, to the bidder whose bid reflects the lowest true interest cost to the Authority computed to the respective maturities of the Bonds being sold (considering mandatory redemption as scheduled maturity); provided, that if no bid deemed acceptable by the Authority is received it may reject all bids. The Authority may fix the method and the terms and conditions under which the sale of any series of the Bonds may otherwise be held; provided that such terms and conditions shall not conflict with any requirement of this chapter. Approval by the Governor of Alabama of the terms and conditions under which any of the Bonds may be issued shall be requisite to their validity. Before any series of the Bonds shall be offered for sale by the Authority, the Governor shall first determine that the issuance of that series of Bonds and the application of the taxes pledged to the payment of the principal of the Bonds as they mature and the interest thereon as the same shall come due will not impair the adequacy of the Trust Fund to pay appropriations therefrom and to support the public schools and institutions of higher learning during the period over which the Bonds will mature. The Governor’s determination in this regard shall be in writing signed by the Governor and such determination shall be final and conclusive. Neither a public hearing nor consent of the State Department of Finance or any other department or agency shall be a prerequisite to the issuance of any of the Bonds.

(Act 2012-560, p. 1645, §5.)

§ 16-16B-6 (Implementation Conditioned on Separate Legislative Enactment.) Appropriation of Revenues to the Authority; Pledge Thereof For

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

(a) The residue of the receipts from the excise tax (“the utility gross receipts tax”) levied by Title 40, Chapter 21, Article 3, as amended (“Article 3″), remaining after payment of the expenses of administration and enforcement of Article 3, being that portion of the tax that is required by Article 3 to be deposited in the State Treasury to the credit of the Trust Fund, after there shall have been taken from the residue the amount necessary to pay at their respective maturities the principal of and interest on those bonds issued by the Authority under the 1965 Act, the 1971 Acts, the 1973 Act, the 1978 Act, the 1985 Act, the 1990 Act, the 1995 Act, the 1998 Act, the 1999 Act, the 2001 Act, the 2002 Act, the 2003 Act, the 2007 Act, or this Act that may be outstanding at the time of the delivery of the respective series of the Bonds authorized herein;

(b) The residue of the receipts from the excise tax (“the utility service use tax”) levied by Title 40, Chapter 21, Article 4, (“Article 4″), remaining after payment of the expenses of administration and enforcement of Article 4, being that portion of the tax that is required by Article 4 to be deposited in the State Treasury to the credit of the Trust Fund, after there shall have been taken from the residue the amount necessary to pay at their respective maturities the principal of and interest on those bonds issued by the Authority under the 1965 Act, the 1971 Acts, the 1973 Act, the 1978 Act, the 1985 Act, the 1990 Act, the 1995 Act, the 1998 Act, the 1999 Act, the 2001 Act, the 2002 Act, the 2003 Act, the 2007 Act, or this Act that may be outstanding at the time of the delivery of the respective series of the Bonds authorized herein;

(c) To the extent and to the extent only that the revenues appropriated in the foregoing subsections (a) and (b) of this Section may not be sufficient to pay at their respective maturities the principal of, premium, if any, and interest on the Bonds, the residue of the receipts from the excise tax (“the sales tax”) levied by Title 40, Chapter 23, Article 1, Division 1, as amended (“Article 1″), after there shall have been taken from the residue the amounts appropriated for other educational purposes in Section 40-23-35, (which residue constitutes that portion of the receipts from the sales tax that is now required by law to be paid into the Trust Fund), and after there shall have been taken from the residue amounts sufficient to meet all prior charges on the residue including such amounts as may be necessary to pay at their respective maturities the principal of and interest on those bonds issued by the Authority under the 1965 Act, the 1971 Acts, the 1973 Act, the 1978 Act, the 1985 Act, the 1990 Act, the 1995 Act, the 1998 Act, the 1999 Act, the 2001 Act, the 2002 Act, the 2003 Act, the 2007 Act, or this Act that may be outstanding at the time of the delivery of the respective series of the Bonds authorized herein; and

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

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

(Act 2012-560, p. 1645, §6.)

§ 16-16B-7 (Implementation Conditioned on Separate Legislative Enactment.) Bonds to Be Payable Solely Out of the Revenues Appropriated; Authorization for Authority to Pledge Such Revenues for the Bonds

The Bonds shall not be general obligations of the Authority but shall be limited obligations payable solely out of the residues of the tax receipts appropriated and pledged in Section 16-16B-6. All Bonds issued by the Authority pursuant to the provisions of this chapter shall be solely and exclusively obligations of the Authority and shall not constitute or create an obligation or debt of the State. As security for the payment of the principal of, premium, if any, and interest on the Bonds, the Authority is hereby authorized and empowered to pledge the residues of the tax receipts that are appropriated and pledged in Section 16-16B-6 hereof for such purposes. All such pledges made by the Authority shall take precedence in the order of the adoption of the resolutions containing the pledges. All such pledges shall be prior and superior to any pledges that may be made for any refunding bonds hereafter issued by the Authority under the provisions of any of the 1965 Act, the 1971 Acts, the 1973 Act, the 1978 Act, the 1985 Act, the 1990 Act, the 1995 Act, the 1998 Act, the 1999 Act, the 2001 Act, the 2002 Act, the 2003 Act, the 2007 Act, or any other act heretofore enacted.

(Act 2012-560, p. 1645, §7.)

§ 16-16B-8 (Implementation Conditioned on Separate Legislative Enactment.) Refunding Bonds

For the purpose of refunding any Bonds or Refunding Bonds of the Authority issued under the provisions of this chapter, the 1965 Act, the 1971 Acts, the 1973 Act, the 1978 Act, the 1985 Act, the 1990 Act, the 1995 Act, the 1998 Act, the 1999 Act, the 2001 Act, the 2002 Act, the 2003 Act, the 2007 Act or any other act previously enacted, or any combination thereof, whether such refunding shall occur before, at or after the maturity of the Bonds refunded and for the purpose of paying all premiums and expenses of such refunding (including, but not limited to, attorneys’ fees, costs of printing the Refunding Bonds, fiscal agents’ fees, and accountants’ fees), the Authority is hereby authorized to sell and issue its Refunding Bonds. Such Refunding Bonds may be sold and issued from time to time, at public sale, on sealed bids and on such other terms and conditions as the Authority shall determine to be advantageous and shall adopt and provide for in its proceedings for the sale and issuance of such Refunding Bonds. Provided, however, no Refunding Bonds shall be issued unless the present value of all debt service on the Refunding Bonds (computed with a discount rate equal to the true interest rate of the Refunding Bonds and taking into account all underwriting discount and other issuance expenses) shall not be greater than 95 percent of the present value of all debt service on the Bonds to be refunded (computed using the same discount rate and taking into account the underwriting discount and other issuance expenses originally applicable to such Bonds) determined as if such Bonds to be refunded were paid and retired in accordance with the schedule of maturities (considering mandatory redemption as scheduled maturity) provided at the time of their issuance. Provided further that the average maturity of the Refunding Bonds, as measured from the date of issuance of such Refunding Bonds, shall not exceed by more than three years the average maturity of the Bonds to be refunded, as also measured from such date of issuance, with the average maturity of any principal amount of Bonds to be determined by multiplying the principal of each maturity by the number of years (including any fractional part of a year) intervening between such date of issuance and each such maturity, taking the sum of all such products, and then dividing such sum by the aggregate principal amount of Bonds for which the average maturity is to be determined. For the purpose of providing funds to enable the Authority to pay at their respective maturities the principal of, premium, if any, and interest on the Refunding Bonds issued under this chapter, the Authority is hereby authorized to pledge irrevocably for such purpose, and there is hereby appropriated for such purpose, such amount as may be necessary of the residues of the receipts from the excise taxes pledged and appropriated in subsections (a), (b), (c), and (d) of Section 16-16B-6, any reserves or sinking funds established by the Authority, as well as revenues of the Authority from any other sources specified in the proceedings wherein the Refunding Bonds are authorized to be issued. Pending the application of the proceeds of Refunding Bonds issued in accordance with this Section, the proceeds, together with investment earnings therefrom, and amounts in any sinking fund, together with investment earnings thereon, may be held by the State Treasurer as treasurer of the Authority in trust, or may be deposited by the State Treasurer in trust, on such terms as the State Treasurer and the Authority shall approve, with a trustee or escrow agent, which trustee or escrow agent shall be a banking institution or trust company authorized to exercise trust powers in Alabama, for investment in Permitted Investments. Proceeds of Refunding Bonds shall be so invested and applied as to assure that the principal, interest, and redemption premium, if any, on the Bonds being refunded shall be paid in full on the respective maturity, redemption, or interest payment dates. Refunding Bonds issued by the Authority shall not be general obligations of the Authority but shall be payable solely from the sources specified in this chapter and in the proceedings whereby the Refunding Bonds are authorized to be issued. All Refunding Bonds issued by the Authority shall be solely and exclusively obligations of the Authority and shall not create debts of the State of Alabama. The faith and credit of the State of Alabama shall never be pledged for the payment of any Refunding Bonds issued by the Authority under this chapter. The Authority may contract with respect to the safekeeping and application of the proceeds of Refunding Bonds and other funds included therewith and the income therefrom, and shall have the right and power to appoint a trustee therefor, which may be any bank or company authorized to exercise trust powers and located within and/or without the State. All other provisions of this chapter shall apply to the Refunding Bonds issued hereunder except (a) the limitation contained in Section 16-16B-3 on the amount of Bonds that may be issued under this chapter and (b) the provisions of Section 16-16B-9. All pledges made by this chapter, or by the Authority pursuant to the provisions of this chapter, for the benefit of Refunding Bonds issued under this chapter, and all such pledges for the benefit of Refunding Bonds which may be issued to refund any bonds issued under any of the 1965 Act, the 1971 Acts, the 1973 Act, the 1978 Act, the 1985 Act, the 1990 Act, the 1995 Act, the 1998 Act, the 1999 Act, the 2001 Act, the 2002 Act, the 2003 Act, the 2007 Act or this Act, shall take precedence in the order of the adoption of the resolutions authorizing the issuance of such Refunding Bonds. Bonds refunded prior to their maturity with the proceeds of Refunding Bonds shall be deemed paid and the pledges herein and by the Authority made for the payment thereof defeased if the Authority, in its proceedings regarding issuance of the Refunding Bonds shall provide for and establish a trust or escrow fund comprised of monies or Government Securities, or both, sufficient to pay, when due, the entire principal of, premium, if any, and interest on the Bonds to be refunded thereby; provided, that such Government Securities shall not be subject to redemption prior to their maturities other than at the option of the holder thereof. Upon the establishment of such a trust or escrow fund, the refunded Bonds shall no longer be deemed to be outstanding, shall no longer be secured by the funds pledged therefor in Section 16-16B-6, shall no longer be obligations of the Authority and shall be secured solely by and payable from monies and Government Securities deposited in such trust or escrow fund.

(Act 2012-560, p. 1645, §8.)

§ 16-16B-9 (Implementation Conditioned on Separate Legislative Enactment.) Use of Bond Proceeds

(a) The proceeds derived from each sale of the Bonds issued pursuant to this chapter shall be deposited in the State Treasury and shall be carried in a separate fund therein for the account of the Authority, which shall pay the expenses of issuance therefrom. The expenses of issuance of the Bonds shall be prorated among the recipients of the proceeds from the sale of the Bonds in proportions they receive allocations of the proceeds thereunder. The proceeds from the sale of the Bonds remaining after payment of the expenses of issuance thereof shall be retained in said fund and, until they are paid out, shall be invested by the State Treasurer at the direction of the Authority in Permitted Investments maturing at such time or times as the Authority shall direct.

(b) Proceeds from the sale of the Bonds and the earnings thereon shall be paid out from time to time on orders or warrants issued by or at the direction of the Authority to the State Department of Education to be expended for the acquisition and maintenance of the computer equipment, software, and digital textbooks authorized in Section 16-16B-1.

(Act 2012-560, p. 1645, §9.)

§ 16-16B-10 (Implementation Conditioned on Separate Legislative Enactment.) Disposition of Funds

Notwithstanding any of the foregoing and in addition to all powers heretofore granted to the Authority, the Authority is hereby expressly authorized to use the proceeds derived from the sale of Bonds and income on Permitted Investments in accordance with the provisions of this chapter. The Authority is hereby expressly permitted to pay to the Department of Finance and the State Treasurer’s Office, from time to time and from any funds available to the Authority, amounts to offset costs incurred in the administration of the business of the Authority. The cost of such compensation shall be prorated among the recipients of proceeds of the Bonds in the same manner as the expenses of issuance of the Bonds are required hereby to be prorated.

(Act 2012-560, p. 1645, §10.)

§ 16-16B-11 (Implementation Conditioned on Separate Legislative Enactment.) Tax Exemption

The Authority shall have the power to make such payments to the United States of America as the board of directors of the Authority deems necessary to cause the interest on any bonds of the Authority, including the Bonds, to be and remain exempt from, or excludible from gross income for purposes of, federal income taxation. The Authority shall have the power to make such agreements respecting the investment of funds of the Authority as the Authority shall deem necessary in order that the interest income on bonds of the Authority be and remain exempt from, or excludible from gross income for purposes of, federal income taxation.

(Act 2012-560, p. 1645, §11.)

§ 16-16B-12 (Implementation Conditioned on Separate Legislative Enactment.) Issuance Expenses; Contracts and Appointments

The Authority is authorized to pay out of proceeds of any series of Bonds the costs and expenses incurred in connection with the issuance of such Bonds, including without limitation legal and accounting fees and expenses, fees and expenses of any financial or fiscal advisor employed by the Authority, printing costs, rating agency fees, and premiums or charges for any credit enhancement or liquidity providers. Notwithstanding any provision of this chapter or the 1965 Act, in appointing, employing, or contracting with attorneys, fiscal advisers, trustees, paying agents, investment bankers, banks and underwriters, the Authority may appoint, employ or contract with firms whose principal offices are located without or within Alabama. The Authority shall hire or contract with attorneys, fiscal advisors, trustees, paying agents, investment bankers, banks, and underwriters which reflect the racial and ethnic diversity of the state. The Authority shall issue Requests For Proposals for attorneys, fiscal advisors, trustees, paying agents, investment bankers, banks, and underwriters. The Authority shall evaluate each proposed bid publicly and award each contract publicly. Minutes of the Authority’s meeting shall record the reasons for awarding each contract.

(Act 2012-560, p. 1645, §12.)

Chapter 17 Educational Building Authorities

§ 16-17-1 Definitions

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

(1) ANCILLARY IMPROVEMENTS. Educational and related facilities of every kind including, but without limitation to, classrooms, scientific and other laboratories, libraries, auditoriums, gymnasiums, cafeterias, dining rooms, dormitories, student and faculty apartments, student union buildings, recreational and social facilities, student and faculty infirmaries and clinics and facilities for washing, laundering and cleaning clothing and fabrics of every kind, or any combination of any thereof, and shall also include equipment and furniture and fixtures used or useful in educational and related facilities of every kind.

(2) APPLICANT.A natural person who files a written application with the governing body of any municipality in accordance with the provisions of Section 16-17-3.

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

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

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

(6) CONSTRUCTION and CONSTRUCT:

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

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

(7) COUNTY. Any county in the state.

(8) DETERMINING MUNICIPALITY. Any municipality the governing body of which shall have made findings and determinations of fact in accordance with the provisions of Section 16-17-3.

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

(10) EDUCATIONAL INSTITUTIONS. Every college, university, graduate school, professional school, junior college, elementary school, secondary school, business college, every institution for education and training of the deaf, blind or mentally retarded and any other school that teaches a trade or a profession, but shall not include any state educational institution as herein defined.

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

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

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

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

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

(16) STATE. The State of Alabama.

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

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

The definitions set forth herein shall be deemed applicable whether the words defined are used in the singular or plural. Whenever used herein any pronoun or pronouns shall be deemed to include both singular and plural and to cover all genders.

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

(Acts 1966, Ex. Sess., No. 222, p. 325, §1.)

§ 16-17-2 Legislative Intent

It is the purpose of the Legislature by this chapter to authorize the incorporation of educational building authorities as public corporations and as political subdivisions of the state for the purpose of providing ancillary improvements for use in connection with educational institutions in this state, and to invest each authority organized hereunder with all power that may be necessary or appropriate to enable it to accomplish such purpose, including but without limitation to the power to lease its properties and to issue interest-bearing revenue bonds. This chapter shall be liberally construed in conformity with the said intent.

(Acts 1966, Ex. Sess., No. 222, p. 325, §2.)

§ 16-17-3 Procedure to Incorporate

(a) By proceeding in the manner set forth herein, any number of natural persons, not less than three, may incorporate an educational building authority as a public corporation and as a political subdivision of the state. The said natural persons shall first file with the governing body of any municipality the proposed form of the certificate of incorporation of the authority, together with a written application seeking permission to apply for the incorporation of an authority for such municipality. Every such application shall also be accompanied by such supporting documents or evidence as the applicants may consider appropriate to show the need for an authority for the said municipality. The said governing body shall consider the said application and shall find and determine whether it is wise, expedient, necessary or advisable that the authority be formed; if the said governing body finds and determines that it is not wise, expedient, necessary or advisable that the authority be formed, it shall deny the application; but, if it finds and determines that it is wise, expedient, necessary or advisable that the authority be formed and if it approved the proposed form of the certificate of incorporation of the authority, the governing body shall adopt a resolution declaring that it has reviewed the application and has found and determined as a matter of fact that it is wise, expedient, necessary or advisable that the authority be formed and declaring that it has approved the proposed form of certificate of incorporation of the authority. No authority shall be formed hereunder unless the application required by this section shall be made and unless the resolution for which provision is made in this section shall be adopted.

(b) Within 40 days following the adoption of a resolution in accordance with subsection (a) of this section, the applicants, or not less than three of the applicants, shall proceed to incorporate the authority by filing for record in the office of the judge of probate of the county in which the determining municipality shall be situated (or, if the determining municipality shall be situated in more than one county, then with the judge of probate of any county in which any part of the determining municipality shall be situated) a certificate of incorporation in the form approved by the governing body of the determining municipality, which certificate shall also comply in form and substance with the requirements of this section and shall be executed in the manner herein provided.

(c) The certificate of incorporation of the authority shall state:

(1) The names of the persons forming the authority, together with the residence of each thereof, and that each of them is a resident of and an owner of real property in the determining municipality, and that each of them is a duly qualified elector of the determining municipality;

(2) The name of the authority (which shall include the words “educational building authority” and the name of, or other reference to, the determining municipality);

(3) The period for the duration of the authority (if the duration is to be perpetual, subject to the provisions of Section 16-17-19, that fact shall be stated);

(4) The name of the determining municipality, together with the date on which the governing body thereof adopted the resolution in accordance with this section;

(5) The location of the principal office of the authority, which shall be within the corporate limits of the determining municipality; and

(6) Any other matters relating to the authority that the incorporators may choose to insert and that are not inconsistent with this chapter or with the laws of the state.

(d) The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds.

(e) When the certificate of incorporation is filed for record, there shall be attached to it:

(1) A certified copy of the resolution adopted by the governing body of the determining municipality in accordance with this section; and

(2) A certificate by the Secretary of State that the name proposed for the authority is not identical to that of any other corporation organized under the laws of the state or so nearly similar thereto as to lead to confusion and uncertainty.

(f) The judge of probate shall promptly examine all such documents and shall determine whether they are complete and regular on their face and whether the form and contents of the certificate of incorporation comply with the provisions of this chapter. If the judge of probate shall find that all such documents are complete and regular on their face and that the form and contents of the certificate of incorporation comply with the provisions of this chapter, he shall require all such documents to be recorded in a well-bound book in his office. Upon the filing of the said documents, the authority shall come into existence and shall constitute a public corporation and a political subdivision of the state under the name set forth in the said certificate of incorporation. The judge of probate shall thereupon send a notice to the Secretary of State that the certificate of incorporation of the authority has been filed for record.

(Acts 1966, Ex. Sess., No. 222, p. 325, §3.)

§ 16-17-4 Amendments to Certificate of Incorporation

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

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

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

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

(2) Request that the governing body of the determining municipality adopt a resolution declaring that it has reviewed the application and has found and determined as a matter of fact that it is wise, expedient, necessary or advisable for the said amendment to be made.

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

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

(Acts 1966, Ex. Sess., No. 222, p. 325, §4.)

§ 16-17-5 Board of Directors

Each authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to its authorization. The board shall consist of three directors elected, as soon as may be practicable after the organization of the authority, by the governing body of the determining municipality for staggered terms as follows: The first term of one director shall begin immediately upon his election and shall end at noon on the second Monday of November of the next succeeding odd-numbered calendar year following his election; the first term of another director shall begin immediately upon his election and shall end at noon on the second Monday of November of the second succeeding odd-numbered calendar year following his election; and the first term of the remaining director shall begin immediately upon his election and shall end at noon on the second Monday of November of the third succeeding odd-numbered calendar year following his election. Thereafter, the term of office of each director shall be six years, commencing at noon on the second Monday of November when the term of the immediate predecessor director ended. If at any time there should be a vacancy on the board, a successor director to serve for the unexpired term applicable to such vacancy shall be elected by the governing body of the determining municipality. Each election of a director subsequent to the selection of the initial directors, whether for a full six-year term or to complete an unexpired term, shall be made not earlier than 30 days prior to the date on which such director is to take office as such. No officer of the state or of any county or municipality shall, during his tenure as such officer, be eligible to serve as a director. Each director must be a qualified elector and the owner of real property in the determining municipality. Directors shall be eligible for reelection. Each director shall serve without compensation, except that he may be reimbursed for expenses actually incurred by him in and about the performance of his duties. A majority of the directors shall constitute a quorum for the transaction of business. No vacancy in the membership of the board shall impair the right of a quorum to exercise all of the powers and duties of the authority. Any director of the authority may be impeached and removed from office in the same manner and on the same grounds provided by Section 175 of the Constitution of Alabama and the general laws of the state for impeachment and removal of the officers mentioned in said Section 175. All proceedings of the board shall be reduced to writing by the secretary of the authority and recorded in a well-bound book. Copies of such proceedings, when certified by the secretary of the authority under the seal of the authority, shall be received in all courts as evidence of the matters therein certified.

(Acts 1966, Ex. Sess., No. 222, p. 325, §5.)

§ 16-17-6 Officers of Authority

The officers of an authority shall consist of a chairman, vice-chairman, secretary, treasurer and such other officers as its board shall deem necessary or appropriate. The offices of secretary and treasurer may but need not be held by the same person. The chairman and vice-chairman of an authority shall be elected by the board from its membership; the secretary, the treasurer and any other officers of the authority may but need not be members of the board and shall also be elected by the board. The chairman and vice-chairman of the authority shall also be the chairman and vice-chairman of the board, respectively.

(Acts 1966, Ex. Sess., No. 222, p. 325, §6.)

§ 16-17-7 Powers of Authority

The authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form:

(1) To have succession by its corporate name for the duration of time (which may be in perpetuity, subject to the provisions of Section 16-17-19) specified in its certificate of incorporation;

(2) To sue and be sued in its own name in civil actions and to defend actions against it;

(3) To adopt and make use of a corporate seal and to alter the same at pleasure;

(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business;

(5) To acquire, hold, receive and take by purchase, gift, lease, devise or otherwise, and to sell, transfer and convey, property of every description, real, personal or mixed, wherever the same might be located;

(6) To make, enter into and execute such contracts, agreements, leases and other instruments and to take such other actions as may be necessary or convenient to accomplish any purpose for which the authority was organized or to exercise any power expressly granted hereunder;

(7) To plan, establish, develop, acquire, purchase, lease, construct, reconstruct, improve, maintain and operate ancillary improvements in connection with educational institutions in the state, and to acquire real and personal property, franchises and easements deemed necessary or desirable in connection therewith;

(8) To sell and issue bonds of the authority in order to provide funds for any corporate function, use, or purpose, which bonds shall be payable solely out of the revenues derived from the operation, lease or sale (or any combination of any thereof) of ancillary improvements of the authority in connection with educational institutions;

(9) To assume obligations secured by a lien on, or payable out of or secured by a pledge of, the revenues from the operation, lease or sale (or any combination of any thereof) of ancillary improvements or any part thereof that may be acquired by the authority, any obligation so assumed to be payable by the authority solely out of the revenues derived from the operation, lease or sale (or any combination of any thereof) of any ancillary improvements, or part thereof, of the authority;

(10) To pledge for payment of any bonds issued or obligations assumed by the authority any revenues from which those bonds or obligations are made payable as herein provided;

(11) To execute and deliver, pursuant to the provisions of this section and of Sections 16-17-11 and 16-17-12, mortgages and deeds of trust and trust indentures, or either;

(12) To appoint, employ, contract with and provide for the compensation of such officers, employees and agents, including but without limitation to engineers, attorneys, architects, construction contractors, management consultants and fiscal advisers, as the business of the authority may require;

(13) To provide for such insurance as the board may deem advisable;

(14) To invest any funds of the authority that the board may determine are not presently needed in the operation of its properties in bonds of the United States of America, bonds of the state and interest-bearing bank deposits, or any thereof;

(15) To cooperate with the United States of America, any agency or instrumentality thereof, the state, any person, or any combination of any of the foregoing;

(16) To sell and convey any of its properties that may have become obsolete or worn out or that may no longer be needed or useful as or as a part of ancillary improvements in connection with educational institutions;

(17) To enter into a management agreement or agreements with any person for the management by the authority, or by any lessee or assignee from the authority, of any ancillary improvements or part thereof, upon such terms and conditions as may be mutually agreeable;

(18) To lease to any one or more persons or to any one or more educational institutions any or all of its ancillary improvements and to charge and collect rent therefor and to terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof;

(19) To sell any of its ancillary improvements or part thereof; provided, that any such sale may be made only if such sale would not constitute a breach of any then outstanding agreement on the part of the authority.

(Acts 1966, Ex. Sess., No. 222, p. 325, §7; Acts 1978, No. 841, p. 1258, §1.)

§ 16-17-8 Location of Ancillary Improvements

Any ancillary improvements of the authority may be located within or without or partially within and partially without the determining municipality, subject to the following conditions:

(1) No such ancillary improvements, or part thereof, shall be located more than 15 miles from the corporate limits of the determining municipality;

(2) In no event shall any ancillary improvements or part thereof be located within the corporate limits or the police jurisdiction of a municipality in this state other than the determining municipality, unless the governing body of such other municipality has first adopted a resolution consenting to the location of such ancillary improvements or part thereof in the corporate limits or in the police jurisdiction of such municipality; and

(3) No such ancillary improvements or part thereof shall be located in a county other than that (or those) in which the determining municipality (or part thereof) is situated unless the county commission has first adopted a resolution consenting to the location of such ancillary improvements or part thereof in such county.

(Acts 1966, Ex. Sess., No. 222, p. 325, §8.)

§ 16-17-9 Remedies Under Lease Agreements

If there is any default in the payment of any rental required to be paid or in the performance of any covenant required to be performed by any educational institution under the provisions of any lease agreement between such educational institution and an authority, the authority and any pledgee of such lease agreement, or either, may by appropriate proceedings enforce and compel payment of such rental and performance of such covenant.

(Acts 1966, Ex. Sess., No. 222, p. 325, §9.)

§ 16-17-10 Bonds of Authority

(a) All bonds issued by the authority shall be signed by its chairman and attested by its secretary, and the seal of the authority shall be affixed thereto, and any interest coupons applicable to the bonds of the authority shall be signed by the said chairman; provided, that a facsimile of the signature of one, but not both, of said officers may be printed or otherwise reproduced on any such bonds in lieu of his manually signing the same, a facsimile of the seal of the authority may be printed or otherwise reproduced on any such bonds in lieu of being manually affixed thereto and a facsimile of the signature of the chairman of the authority may be printed or otherwise reproduced on any such interest coupons in lieu of his manually signing the same.

(b) Any such bonds may be executed and delivered by the authority at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall contain such provisions not inconsistent with the provisions of this chapter and shall bear such rate or rates of interest, payable and evidenced in such manner, as may be provided by resolution of its board.

(c) Bonds of the authority may be sold at either public or private sale in such manner and at such price or prices and at such time or times as may be determined by the board to be most advantageous.

(d) Any bond having a specified maturity more than 10 years after its date shall be made subject to redemption at the option of the authority at the expiration of 10 years from its date and on any interest payment date thereafter at such price or prices and after such notice or notices and on such terms and in such manner as may be provided in the resolution of the board wherein it is authorized to be issued.

(e) The principal of and interest on any bonds issued or obligations assumed by the authority may at any time (whether before, at or after maturity) and from time to time be refunded by the issuance of refunding bonds of the authority, which may be sold by the authority at public or private sale at such price or prices as may be determined by its board to be advantageous, or which may be exchanged for the bonds or other obligations to be refunded.

(f) The authority may pay all expenses, premiums and commissions which its board may deem necessary and advantageous in connection with any financing done by it.

(g) Issuance by the authority of one or more series of bonds for one or more purposes shall not preclude it from issuing other bonds in connection with the same ancillary improvements or any other ancillary improvements, but the resolutions whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage and deed of trust made for any prior issue of bonds unless in the proceedings authorizing such prior issue the right was reserved to issue subsequent bonds on a parity with such prior issue.

(h) All bonds issued by the authority shall be construed to be negotiable instruments although payable solely from a specified source.

(i) All obligations created or assumed and all bonds issued or assumed by the authority shall be solely and exclusively an obligation of the authority and shall not create an obligation or debt of the state or of any county or municipality; provided, that the provisions of this sentence shall not be construed to release the original obligor from liability on any bond or other obligation assumed by the authority. Any bonds issued by the authority shall be limited or special obligations of the authority payable solely out of the revenues of the authority specified in the resolutions authorizing those bonds. Any such proceedings may provide that the bonds therein authorized shall be payable solely out of the revenues derived from the operation or lease of all ancillary improvements owned by the authority, or solely out of the revenues from the operations or lease of any part of such ancillary improvements, regardless of the fact that those bonds may have been issued with respect to or for the benefit of only certain particular ancillary improvements of the authority.

(j) The authority may pledge for the payment of any of its bonds the revenues from which such bonds are payable, either with or without a pledge of any lease agreement and the rentals therefrom covering the ancillary improvements from which revenues so pledged shall be derived and may execute and deliver a trust indenture evidencing any such pledge or a mortgage and deed of trust conveying as security for such bonds the ancillary improvements or any part thereof, the revenues or any part of the revenues from which are so pledged.

(k) Any mortgage and deed of trust or trust indenture made by the authority may contain such agreements as the board may deem advisable respecting the operation, maintenance and lease of the property and the use of the revenues subject to such mortgage and deed of trust or affected by such trust indenture and respecting the rights, duties and remedies of the parties to any such instrument and the parties for the benefit of whom such instrument is made.

(Acts 1966, Ex. Sess., No. 222, p. 325, §10.)

§ 16-17-11 Contracts to Secure Bonds and Assumed Obligations

As security for payment of the principal of and interest on bonds issued or obligations assumed by it, the authority may enter into a contract or contracts binding itself for the proper application of the proceeds of bonds and other funds, for the continued operation, maintenance and disposition (including lease) of any ancillary improvements or part thereof owned by it, for the imposition and collection of reasonable rentals from such ancillary improvements, for the disposition and application of its gross revenues or any part thereof and for any other act or series of acts not inconsistent with the provisions of this chapter for the protection of the bonds and other obligations being secured and the assurance that the revenues from such ancillary improvements will be sufficient to operate such ancillary improvements, maintain the same in good repair and in good operating condition, pay the principal of and interest on any bonds payable from such revenues and maintain such reserves as may be deemed appropriate for the protection of the bonds, the efficient operation of such ancillary improvements and the making of replacements thereof and capital improvements thereto. Any contract made pursuant to the provisions of this section may be set forth in any resolution of the board authorizing the issuance of bonds or the assumption of obligations or in any mortgage and deed of trust, or trust indenture, made by the authority hereunder.

(Acts 1966, Ex. Sess., No. 222, p. 325, §11.)

§ 16-17-12 Statutory Mortgage Lien

Any resolution of the board or trust indenture under which bonds may be issued pursuant to the provisions of this chapter may contain provisions creating a statutory mortgage lien in favor of the holders of such bonds and of the interest coupons applicable thereto on the ancillary improvements or any part thereof (including any after-acquired property) out of the revenues from which such bonds are made payable. The said resolution of the board or the said trust indenture may provide for the filing for record in the office of the judge of probate of each county in which any part of such ancillary improvements may be located of a notice containing a brief description of such ancillary improvements and of the land relating thereto, a brief description of such bonds and a declaration that the said statutory mortgage lien has been created upon such ancillary improvements (and upon such land as shall be made subject to the lien) for the benefit of the holders of such bonds and the interest coupons applicable thereto, including any additions thereto and extensions thereof. Each judge of probate shall receive, record and index any such notice filed for record in his office. The filing of such notice, as herein provided, shall operate as constructive notice of the contents thereof. Such lien shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether the parties have actual notice thereof, from the time such notice is filed in the office of the judge of probate as herein provided.

(Acts 1966, Ex. Sess., No. 222, p. 325, §12.)

§ 16-17-13 Proceeds from Sale of Bonds

All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the same are authorized and any costs and expenses incidental thereto. Such costs and expenses may include but shall not be limited to:

(1) The engineering, legal, architectural, fiscal and other expenses incurred in connection with the issuance of the bonds;

(2) In the case of bonds issued to pay costs of construction, interest on such bonds (or, if a part only of any series of bonds is issued for construction purposes, interest on that portion of the bonds of that series that is issued to pay construction costs) prior to and during such construction and for not exceeding one year after completion of such construction; and

(3) In the case of bonds issued for the purpose of refunding principal and interest, or either, with respect to bonds issued or obligations assumed by the authority, any premium that it may be necessary to pay in order to redeem or retire the bonds or other obligations to be refunded.

(Acts 1966, Ex. Sess., No. 222, p. 325, §13.)

§ 16-17-14 Exemption from Taxation

The authority, the property and income of the authority, all bonds issued by the authority, the income from such bonds, conveyances by or to the authority and leases, mortgages and deeds of trust by or to the authority shall be exempt from all taxation in the State of Alabama. No license or excise tax may be imposed on any authority in respect of the privilege of engaging in any of the activities authorized by this chapter.

(Acts 1966, Ex. Sess., No. 222, p. 325, §14.)

§ 16-17-15 Freedom of Authority from State Supervision and Control

This chapter is intended to aid the state in the execution of its duties by providing appropriate and independent instrumentalities of the state with full and adequate powers to fulfill their functions. Except as in this chapter expressly otherwise provided, no proceeding, notice or approval shall be required for the incorporation of any authority or the amendment of its certificate of incorporation, the acquisition of any property or ancillary improvements or the issuance of any bonds, mortgage and deed of trust or trust indenture. Neither a public hearing nor the consent of the State Department of Finance shall be prerequisite to the issuance of bonds by the authority.

(Acts 1966, Ex. Sess., No. 222, p. 325, §15.)

§ 16-17-16 Earnings of Authority

The authority shall be a nonprofit corporation, and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, association or corporation; except, that in the event the board of directors of the authority shall determine that sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the authority, then any net earnings thereafter accruing shall be paid to the determining municipality or to an educational institution to construct, operate or maintain ancillary improvements, as the board of directors may direct by resolution.

(Acts 1966, Ex. Sess., No. 222, p. 325, §16; Acts 1978, No. 841, p. 1258, §1.)

§ 16-17-17 Investments in Bonds of Authority

Unless otherwise directed by the court having jurisdiction thereof or by the document that is the source of authority, a trustee, executor, administrator, guardian or one acting in any other fiduciary capacity may, in addition to any other investment powers conferred by law and with the exercise of reasonable business prudence, invest trust and other fiduciary funds in bonds of the authority.

(Acts 1966, Ex. Sess., No. 222, p. 325, §17.)

§ 16-17-18 Notice of Bond Resolution

Upon the adoption by the board of any resolution providing for the issuance of bonds, the authority may, in its discretion, cause to be published once a week for two consecutive weeks, in a newspaper published in the determining municipality, or if there is no newspaper published in the determining municipality, then in a newspaper published in the county in which the determining municipality or any part thereof is located, a notice in substantially the following form (the blanks being properly filled in) at the end of which shall be printed the name and title of either the chairman or secretary of the authority:

“____, a public corporation and a political subdivision of the State of Alabama, on the ____ day of , authorized the issuance of $ principal amount of revenue bonds of the said public corporation for purposes authorized in the act of the Legislature of Alabama under which the said public corporation was organized. Any action or proceeding questioning the validity of the said bonds, or the pledge and the indenture to secure the same, or the proceedings authorizing the same, must be commenced within 20 days after the first publication of this notice.”

Any action or proceeding in any court to set aside or question the proceedings for the issuance of the bonds referred to in said notice or to contest the validity of any such bonds, or the validity of the pledge and indenture made therefor, must be commenced within 20 days after the first publication of such notice. After the expiration of the said period, no right of action or defense questioning or attacking the validity of the said proceedings or of the said bonds or the said pledge or indenture shall be asserted, nor shall the validity of the said proceedings, bonds, pledge or indenture be open to question in any court on any ground whatsoever except in an action commenced within such period.

(Acts 1966, Ex. Sess., No. 222, p. 325, §18.)

§ 16-17-19 Dissolution of Authority and Vesting of Title to Its Properties

At any time when the authority does not have any bonds outstanding and when there shall be no obligations assumed by the authority that are then outstanding, the board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon the filing for record of a certified copy of said resolution in the office of the judge of probate of the county in which the authority’s original certificate of incorporation was filed, the authority shall thereupon stand dissolved, and in the event it owned any property at the time of its dissolution, the title to all its property shall thereupon vest in the determining municipality. In the event the authority shall at any time have outstanding bonds issued hereunder payable out of the revenues from various ancillary improvements, then, as and when the principal of and the interest on all bonds payable, in whole or in part, from the revenues derived from any particular ancillary improvements shall have been paid in full, title to the ancillary improvements with respect to which the bonds so paid in full have been paid shall thereupon vest in the determining municipality or in an educational institution as the board of directors may direct by resolution, but such vesting of title shall not affect the title of the authority to any other ancillary improvements the revenues from which are pledged for the payment of any other bonds then outstanding. The formation of one or more authorities under the provisions of this chapter shall not prevent the subsequent formation hereunder of other authorities with respect to the same determining municipality.

(Acts 1966, Ex. Sess., No. 222, p. 325, §19; Acts 1978, No. 841, p. 1258, §1.)

Chapter 17A University Authority Act of 2016

§ 16-17A-1 Short Title

This chapter shall be known and may be cited as the “University Authority Act of 2016.”

(Act 2016-201, §1.)

§ 16-17A-2 Definitions

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

(1) ACADEMIC MEDICAL CENTER. The teaching, research, and clinical facilities provided, established, or operated by a constitutionally created public university in the state or a university that operates a school of medicine.

(2) AUTHORITY. A public corporation organized pursuant to the provisions of this chapter.

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

(4) DIRECTOR. A member of the board of an authority.

(5) GOVERNMENTAL ENTITY. The state, a county, a municipality, or any department, agency, board, or commission of the state, a county, or a municipality.

(6) HEALTH CARE FACILITY. All property or rights in property, real or personal, tangible or intangible, useful to an authority in its operations, including without limitation, the following:

a. Facilities necessary or desirable to the operation of an academic medical center, one or more health sciences schools, hospitals, public health care clinics, treatment centers, emergency facilities, outpatient facilities, laboratories, service or support facilities, and any other facilities related to the operation of any of the foregoing.

b. Biomedical or public health research establishments of any type.

c. Ambulance, helicopter, and other similar facilities and services for the transportation of sick or injured persons.

d. Land necessary or desirable to any of the foregoing, whether presently or in the future.

e. Machinery, equipment, furniture, and fixtures useful or desirable in the operation of any of the foregoing.

Health care facilities may serve physical or mental health. A determination by a board that an asset constitutes a health care facility shall be conclusive, absent manifest error.

(7) HEALTH SCIENCES SCHOOL. Any school of medicine, dentistry, nursing, pharmacy, optometry, ophthalmology, and any other health care-related educational program operated or provided by a university in this state.

(8) INDEBTEDNESS. Bonds, notes, certificates of indebtedness, debt securities, capital lease agreements, or any other evidence of indebtedness.

(9) NONPROFIT ORGANIZATION. Any nonprofit corporation, limited liability company, partnership, or other form of business organization in which no part of the income or profit is distributable to any individual or entity other than a university, an authority, a governmental entity, a public corporation, or a nonprofit corporation that is an organization described in Section 501(c)(3) of the Internal Revenue Code.

(10) PUBLIC CORPORATION. A public corporation organized by the state, a county, or a municipality, whether acting alone or jointly, pursuant to state law.

(11) SECURITY DOCUMENT. A trust indenture, loan agreement, lease agreement, mortgage, security instrument or agreement, or other document securing any indebtedness or other obligation of an authority in favor of the holder or holders of any such indebtedness or other obligation or a trustee for such holders.

(12) SPONSORING UNIVERSITY. The university that authorizes the incorporation of an authority.

(13) UNIVERSITY. A constitutionally created public university in the state or a public university in the state that operates a school of medicine.

(14) UNIVERSITY AFFILIATE. Any public corporation or nonprofit organization that is controlled, directly or indirectly, by a university or an authority. A university or authority controls a public corporation or nonprofit organization if it: Owns a majority of any stock, membership interests, partnership interests, or other similar interests, if any, in such entity; has the right or power to appoint a majority of the members of the governing body of the entity; and has the right to distribution of a majority of the assets of the entity upon dissolution. A university or authority may control an entity directly or indirectly through one or more entities each of which qualifies as a university affiliate. Notwithstanding control by a university or authority, an entity is not a university affiliate if any individual or for-profit entity owns any interest in the entity or has the right or power to appoint one or more members of the governing body of the entity or if the mission of the entity is not consistent with the public health mission of a university.

(Act 2016-201, §2.)

§ 16-17A-3 Incorporation of Authority

(a) In order to incorporate an authority, the sponsoring university shall adopt a resolution containing at least the following provisions:

(1) A finding that it is necessary, desirable, and in the best interests of the sponsoring university that the proposed authority be incorporated.

(2) Approval of the form of articles of incorporation, which shall comply with the provisions of Section 16-17A-4.

(3) Authorization to proceed to form the proposed authority by executing the articles of incorporation approved by the sponsoring university and filing the same with the Secretary of State.

(b) A university may incorporate more than one authority if it determines that each authority promotes the public health mission of the university.

(Act 2016-201, §3.)

§ 16-17A-4 Articles of Incorporation - Requirements

(a) In addition to any other matters relating to the authority that the sponsoring university may choose to insert and that are not inconsistent with state law, the articles of incorporation of an authority shall include the following provisions:

(1) The name of the authority, which shall include the word Authority and shall include words identifying the sponsoring university.

(2) The name of the sponsoring university and the date on which the governing body of the sponsoring university adopted a resolution authorizing the organization of the authority.

(3) The name and address of the registered agent of the authority.

(4) A statement that the authority is organized pursuant to the provisions of this chapter.

(5) A statement that the authority shall exercise all powers provided by law, unless the exercise by the authority of any of its powers hereunder is limited in any way, in which case a statement of such limitations on the powers of the authority shall be included.

(6) A statement that the duration of existence of the authority shall be perpetual, unless the sponsoring university authorizes a shorter duration.

(7) The number of directors, which shall be an odd number not less than three, and the duration of their respective terms of office, which shall not be in excess of six years.

(8) Provisions for appointing or removing directors of the authority, subject to the provisions of Section 16-17A-6; provided, however, that if no such provisions are specified in the articles of incorporation, all directors of an authority shall be appointed or elected by the sponsoring university and shall be subject to removal by the sponsoring university at any time, with or without cause.

(b) The articles of incorporation shall be executed as provided in the resolution authorizing incorporation of the authority.

(c) When the articles of incorporation are filed for record with the Secretary of State, there shall be attached to it all of the following:

(1) A certified copy of the resolution of the sponsoring university authorizing the incorporation of the authority.

(2) A certificate of the Secretary of State confirming that the name proposed for the authority is not identical to that of any other corporation organized under state law or so nearly similar thereto as to lead to confusion and uncertainty.

(d) Upon the filing for record of the articles of incorporation and the documents required by subsection (c) with the Secretary of State, the authority shall come into existence and shall constitute a public corporation under the name set forth in its articles of incorporation. The Secretary of State shall issue a certificate of incorporation to the authority and shall record the articles of incorporation in an appropriate book in his or her office.

(Act 2016-201, §4.)

§ 16-17A-5 Articles of Incorporation - Amendments

(a) The articles of incorporation of any authority may be amended by filing articles of amendment with the Secretary of State, but only with the approval of both the board of the authority and the sponsoring university, in the manner provided in this section.

(b) In order to amend the articles of incorporation, the following steps shall be completed:

(1) The board of the authority shall first adopt a resolution proposing articles of amendment.

(2) After the adoption by the board of a resolution approving articles of amendment, the authority shall file with the sponsoring university a written request for adoption of a resolution approving the proposed amendment.

(3) As promptly as may be practicable after the receipt of the request from the authority, the sponsoring university shall review the application and shall adopt a resolution either approving or denying the articles of amendment as proposed by the authority.

(c) Within 30 days following the approval of the articles of amendment by the sponsoring university, the president or vice president of the authority shall sign and file for record in the office of the Secretary of State the following items:

(1) The original articles of amendment.

(2) A certified copy of each resolution approving the articles of amendment.

(d) Upon the filing for record of the documents required by subsection (c), the articles of amendment shall become effective. The Secretary of State shall thereupon record the articles of amendment in an appropriate book in his or her office.

(e) The articles of amendment of an authority may amend and restate the articles of incorporation of an authority if approved in accordance with this section.

(f) Notwithstanding the provisions of this section, the name and address of the registered agent of an authority may be changed by the authority without following the procedure set forth in this section. An authority may use any appropriate form promulgated by the Secretary of State for this purpose.

(Act 2016-201, §5.)

§ 16-17A-6 Board of Directors

(a) Each authority shall have a board of directors composed of the number of directors provided in the articles of incorporation.

(b) All powers of an authority shall be exercised by the board or pursuant to its authorization.

(c) Except for ex-officio directors specified in the articles of incorporation, all directors of an authority shall be elected or appointed by the sponsoring university. The articles of incorporation may provide that specified officers or employees of the sponsoring university shall be ex-officio directors of an authority, so long as a majority of the directors are elected or appointed by the sponsoring university.

(d) The articles of incorporation may provide that a governmental entity, a public corporation, or a nonprofit organization may nominate one or more directors of an authority, provided that the number of directors elected or appointed by the sponsoring university without nomination may never be less than a majority of the directors, and the sponsoring university shall not be required to elect or appoint any such nominee. If the sponsoring university does not elect or appoint a nominee, the nominating entity shall provide an alternate nominee for consideration by the sponsoring university.

(e) The appointed membership of the board of an authority shall be inclusive and reflect the racial, gender, geographic, and economic diversity of the state.

(f) Unless the articles of incorporation provide the method for removing directors, all directors may be removed by the sponsoring university at any time, with or without cause.

(g) If, at the expiration of any term of office of any director, a successor has not been elected or appointed as provided in the articles of incorporation, then the director whose term of office has expired shall continue to hold office until his or her successor is elected or appointed.

(h) Each director shall serve without compensation but may be reimbursed for expenses actually incurred by him or her in connection with the performance of his or her duties.

(i) A majority of directors shall constitute a quorum for the transaction of business of the board, and any meeting of the board may be adjourned from time to time by a majority of the directors present. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the powers and perform all the duties of the board.

(j) The board shall adopt and maintain bylaws, not inconsistent with the provisions of this chapter or the authority’s articles of incorporation, for the regulation and conduct of its affairs and the operation of the authority. The bylaws of the board may provide for such committees as the board deems necessary or desirable, including without limitation an executive committee that is empowered to act on behalf of the board. The bylaws may authorize telephonic or video conference meetings of the board or any committee of the board.

(k) The board shall hold regular meetings at such times as may be provided in the bylaws of the authority, and may hold other meetings at any time and from time to time upon such notice as may be required by the bylaws of the authority.

(l) All resolutions adopted by the board shall constitute actions of the authority, and all proceedings of the board shall be reduced to writing, shall be signed by the secretary of the authority, and shall be recorded in permanent physical or electronic storage. Copies of the proceedings, when certified by the secretary of an authority, shall be received in all courts as prima facie evidence of the matters and things therein certified.

(m) The composition of the board of directors of an authority shall be presumed valid absent a final determination by a court of competent jurisdiction that the board is not constituted in good faith by the sponsoring university.

(Act 2016-201, §6.)

§ 16-17A-7 Officers

(a) The officers of an authority shall consist of a president, a vice president, a secretary, a treasurer, and other officers and assistant officers as the board deems necessary or desirable. The president and the vice president of the authority shall be a member of the board. The secretary, the treasurer, and any other officers of the authority need not be a director.

(b) The president and the vice president of the authority shall be elected by the board as provided in the bylaws of the authority, and the secretary, the treasurer, and the other officers of the authority shall be elected by or pursuant to the authorization of the board for such terms as it deems advisable.

(c) The duties of the president, vice president, secretary, and treasurer shall be those as are customarily performed by such officers in nonprofit corporations. The duties of any other officers of the authority shall be prescribed by the board or pursuant to its authorization.

(Act 2016-201, §7.)

§ 16-17A-8 Powers of Authority

(a) An authority shall have and may exercise any power granted nonprofit corporations under Title 10A, together with all powers incidental thereto or necessary or desirable to the discharge thereof, including, without limitation, the following specific powers:

(1) To adopt, maintain, and amend bylaws and a corporate seal.

(2) To sue and, subject to the limitations herein, be sued; provided, however, that no authority entitled to sovereign immunity shall be denied such immunity.

(3) To acquire, construct, equip, and operate those health care facilities it considers necessary or desirable.

(4) To enter into contracts and agreements, borrow money, incur indebtedness, and issue bonds, notes, debt securities, or any other evidence of indebtedness.

(5) To pledge the general credit of the authority or any revenues or income of the authority to repayment of any of its indebtedness.

(6) To mortgage or pledge its health care facilities or its other assets or any part thereof, whether then owned or thereafter acquired, as security for its indebtedness.

(7) To lend money to, to assume the indebtedness of, or to guarantee the indebtedness of any other authority, governmental entity, public corporation, or nonprofit organization.

(8) To create, establish, acquire, operate, or support subsidiaries and affiliates, either for-profit or nonprofit, to assist an authority in fulfilling its purposes.

(9) To participate as a shareholder in a corporation, as a joint venturer in a joint venture, as a general or limited partner in a general or limited partnership, as a member of a nonprofit corporation, or as a member of any other lawful form of business organization, that provides health care or engages in activities related thereto; provided, however, that a business organization with for-profit ownership shall not qualify as a university affiliate under this chapter.

(10) To make and arrange for loans, contributions to capital, and other debt and equity financing for the activities of any lawful form of business organization of which the authority is a member, and to guarantee loans and any other obligations for such purpose.

(11) To enter into any swap agreement, subject to the requirements of Article 3 of Chapter 1 of Title 41.

(12) To provide for and support the educational programs of any university or any other two-year college or four-year college or university in the state.

(13) To establish, collect, and alter charges for services rendered and supplies furnished by it.

(14) To contract for or to accept any gifts, grants, endowments, or any other aid in any form from the federal government, a governmental entity, or any public corporation, or any other source, or any combination thereof, and to comply with the terms and conditions thereof.

(15) To invest its funds in any investment authorized by the sponsoring university for investment of its own funds or in any investment permitted or authorized for state-regulated insurance companies, including, without limitation, investments permitted for domestic insurers and health maintenance organizations pursuant to Title 27.

(16) To seek protection of the federal bankruptcy laws by filing a petition in any United States Bankruptcy Court located in the state.

(17) To organize, or to own an interest in, any other corporation, partnership, limited liability company, joint venture, or other form of business organization, whether for-profit or nonprofit, in furtherance of its public health mission.

(18) To engage in arrangements, contracts, information sharing, and other collaborative activities with public or private entities and individuals, including, without limitation: joint ventures, joint purchasing arrangements, joint negotiations with physicians, hospitals and payors (whether such negotiations result in separate or combined agreements), leases, and agreements which involve delivery system network creation or operation.

(b) Nothing herein shall be construed as granting to an authority the power to levy any taxes.

(c) Nothing herein shall be construed as authorizing an authority to convey substantially all of its assets in a single transaction or series of transactions without authorization from the sponsoring university.

(d) Any of the powers granted hereunder may be exercised by an authority in such manner as it may determine to be consistent with the purposes of this chapter, notwithstanding that, as a consequence of such exercise of powers it engages in, activities may be deemed anticompetitive or result in the acquisition or maintenance of monopoly power in some relevant market within the meaning of state and federal antitrust laws and notwithstanding that these activities may have the effect of displacing competition in the provision of hospital, physician, or other health care-related services.

(Act 2016-201, §8.)

§ 16-17A-9 Eminent Domain

An authority shall have, in addition to all other powers granted by this chapter, the same power of eminent domain as is vested by law in the sponsoring university under Section 18-1A-295.

(Act 2016-201, §9.)

§ 16-17A-10 Indebtedness

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

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

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

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

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

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

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

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

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

(1) Provide for no interest.

(2) Provide for current interest.

(3) Provide for capitalized interest.

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

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

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

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

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

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

(i) The authority may, subject to security documents or other agreements with holders as may then exist, purchase its indebtedness in the open market, through intermediaries or directly from the holder of an obligation, with any funds available therefor. Any obligation so purchased may be cancelled by the authority or may be resold, as authorized by the board.

(Act 2016-201, §10.)

§ 16-17A-11 Pledge of Revenues; Security Documents

(a) Any pledge of any revenues of an authority or university affiliate, including, without limitation, tax revenues made available to an authority, shall be valid and binding from the time it is made, and the revenues or taxes so pledged and thereafter received by the authority shall immediately become subject to the lien of that pledge without any physical delivery thereof or further act. The lien of that pledge shall be valid and binding against all parties having claims of any kind against the authority, irrespective of whether the parties have actual notice thereof. The resolution or security document establishing a pledge of revenues may provide that the lien established extends, on a pari passu basis, to any additional indebtedness issued as a parity obligation in accordance with the terms of the financing document.

(b) Any security document relating to any real property, personal property, fixtures, or other tangible property of an authority may be filed in the office of the judge of probate of the county in which the property to be secured is located, and the lien of the security document shall be valid and binding against all parties having claims of any kind against the authority, irrespective of whether any person has actual notice thereof, from the time the security document is so filed, with respect to all property subject thereto, including, without limitation, after-acquired property.

(Act 2016-201, §11.)

§ 16-17A-12 Obligations of Authority

(a) All agreements and covenants undertaken, and all indebtedness issued, by an authority shall be solely and exclusively an obligation of the authority and, except as otherwise provided in a written agreement in accordance with Section 16-17A-17, shall not create an obligation or debt of the state, any university, or any other governmental entity or public corporation within the meaning of any constitutional or statutory provision.

(b) Neither the directors nor any officer of an authority executing indebtedness issued pursuant to this chapter shall be personally liable for such indebtedness by reason of the execution or issuance thereof.

(c) The state and the sponsoring university do hereby pledge to and agree with the holders of any indebtedness issued under this chapter that neither the state nor the sponsoring university will limit or alter the rights hereby vested in the authority to fulfill the terms of any indebtedness or related security documents made with the holders thereof or in any way impair the rights and remedies of the holders until such indebtedness, together with the interest thereon, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders, are fully met and discharged. An authority is authorized to include this pledge and agreement of this state or sponsoring university in any agreement with the holders of its indebtedness.

(Act 2016-201, §2.)

§ 16-17A-13 Investment in Indebtedness

Indebtedness issued under the provisions of this chapter is hereby made a legal investment for savings banks and insurance companies organized under state law and for trustees, executors, administrators, guardians, persons, or organizations acting in a fiduciary capacity, unless otherwise directed by a court having jurisdiction or by a document providing fiduciary authority. Any governmental entity or public corporation is authorized, in its discretion, to invest any available funds in securities of the authority.

(Act 2016-201, §13.)

§ 16-17A-14 Default in Payments

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

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

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

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

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

(b) The remedies specified in this section shall be cumulative to all other remedies that may otherwise be available, by law or contract, for the benefit of the holders of indebtedness of an authority.

(Act 2016-201, §14.)

§ 16-17A-15 Exemptions from Taxation

Notwithstanding any provision of law to the contrary:

(1) Any indebtedness issued by an authority or a university affiliate, and the income therefrom, including any profit from the sale thereof, shall be exempt from taxation by the state or other governmental entity of the state.

(2) All properties of an authority or a university affiliate, whether real, personal, or mixed, and the income therefrom, shall be exempt from any and all taxation by any governmental entity.

(3) An authority shall not be obligated to pay or allow to be paid any fees, taxes, costs, or charges of any nature to the Secretary of State or to any judge of probate of any county in respect of the filing or recording of any document.

(4) The gross proceeds of the sale of any property used in the business or activities of an authority, or in the acquisition, construction, renovation, or equipping of any health care facilities for an authority or a university affiliate, regardless of whether the sale is made directly to an authority or to a university affiliate or to any contractor or agent thereof, shall be exempt from all sales and use taxes levied by any governmental entity, including, without limitation, any similar privilege, license, or excise tax.

(Act 2016-201, §15.)

§ 16-17A-16 Audits

(a) Each authority shall engage a firm or firms of certified public accountants to conduct an annual audit of the financial affairs of the authority. Each audit shall be conducted in accordance with generally accepted accounting principles.

(b) The board shall submit all audits required by subsection (a) to the sponsoring university as promptly as practicable after the end of each fiscal year of the authority.

(Act 2016-201, §16.)

§ 16-17A-17 Conveyance of Property, Etc., to Authority; Pledge of Full Faith and Credit

(a) The state, any university, any governmental entity, and any public corporation is hereby authorized to give, transfer, convey, or sell to any authority or a university affiliate, with or without consideration:

(1) Any of its health care facilities and other properties, real or personal, and any funds and assets, tangible or intangible, relative to the ownership or operation of any such health care facilities, including any certificates of need, assurances of need, or other similar rights appertaining or ancillary thereto, irrespective of whether they have been exercised.

(2) Any taxes, revenues, or funds owned or controlled by it.

(3) Nothing in this chapter shall be construed as allowing an authority or university affiliate to be exempt from compliance with all applicable laws and regulations of the State Certificate of Need program and the Alabama State Health Planning and Development Agency.

(b) The state, any governmental entity, any university, or any public corporation may pledge its full faith and credit to or for the benefit of an authority or a university affiliate or may pledge any revenues that it is legally entitled to pledge to or for the benefit of an authority or university affiliate.

(c) An authority or university affiliate shall constitute a hospital corporation as that term is used in Title 22, Chapter 21, Article 4, Division 2, and any county otherwise authorized to do so may designate any authority or university affiliate as the agency of that county to acquire, construct, equip, operate, and maintain public hospital facilities in that county. The authority shall, if so designated, receive the proceeds from any special public hospital tax available in that county.

(Act 2016-201, §17.)

§ 16-17A-18 Legislative Findings

In support of and in furtherance of the powers granted in Section 16-17A-8, the Legislature hereby finds and declares all of the following:

(1) Authorities organized under this chapter and its university affiliates are performing essential public functions on behalf of the state, the sponsoring university, and other governmental entities in the state.

(2) The nature and scope of the powers conferred on authorities and their university affiliates by this chapter are such as may compel each authority and each university affiliate, in the course of exercising its powers or by virtue of such exercise of such powers, to engage in activities itself or in collaboration with public or private entities and individuals that may be characterized as anticompetitive or may result in the acquisition or maintenance of monopoly power within the meaning of state and federal antitrust laws or otherwise may have the effect of displacing competition in the provision of hospital, physician, or other health care-related services.

(3) In carrying out its public health mission through the exercise of the powers granted by this chapter, including, without limitation, the collaborative activities expressly authorized by this chapter, an authority and its university affiliates, as well as the public or private entities and individuals with which they collaborate, shall be immunized from liability under the federal and state antitrust laws to the fullest extent allowed by law.

(4) As an expression of the public policy of the state with respect to the displacement of competition in the field of health care, each authority and each university affiliate, when exercising its powers under this chapter, acts as an agency or instrumentality of its university and as a political subdivision of the state, and as such, neither an authority nor its university affiliate shall be subject to what has come to be known in relevant antitrust jurisprudence as active supervision by the state in order to enjoy immunity from the application of state and federal antitrust laws.

(Act 2016-201, §18.)

§ 16-17A-19 Sovereign Immunity; Damage Limitation

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

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

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

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

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

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

(2) Claims for money damages against an authority or university affiliate described in subsection (b) constitutes claims within the meaning of Section 11-93-1.

(Act 2016-201, §19.)

§ 16-17A-20 Applicability of Other Laws

Notwithstanding any other provision of law to the contrary:

(1) Each authority shall be exempt from all laws of the state governing usury or prescribing or limiting interest rates, including, without limitation, the provisions of Title 8, Chapter 8.

(2) Authorities, university affiliates, members of the governing bodies of authorities and university affiliates, and officers and employees of authorities and university affiliates shall not be subject to state ethics laws, including, without limitation, the provisions of Title 36, Chapter 25.

(3) Meetings of the board of an authority and any committee thereof shall not be subject to public meeting or notice requirements, including, without limitation, the provisions of Title 36, Chapter 25A.

(4) Deposits of authorities and university affiliates are entitled to the benefits of the Security for Alabama Funds Enhancement Act, Title 41, Chapter 14A, and therefore, authorities and university affiliates are each a covered public entity as such term is used in that act.

(5) Authorities and university affiliates shall not be subject to the competitive bid laws of the state, including, without limitation, the provisions of Title 41, Chapter 16, Articles 2, 3, and 3A.

(6) Authorities and university affiliates shall not be subject to examination by the state Department of Examiners of Public Accounts.

(7) Authorities, university affiliates, and the employees thereof shall not be required to participate in any retirement plan, public pension plan, or health insurance plan administered by the state, or any agency of the state, unless an authority or university affiliate elects to join the plan and is otherwise eligible under applicable law to join the plan.

(8) No expenditure authorized or permitted by the provisions of this chapter shall be considered to be a lending of credit or a granting of public money or thing of value to or in aid of any individual, association, or corporation within the meaning of any constitutional or statutory provision.

(9) For purposes of The Volunteer Service Act, an authority shall be considered a governmental entity, and a university affiliate shall be considered a nonprofit organization so as to provide volunteers with the protections of Section 6-5-336. Terms used in this subdivision shall have the meanings assigned in Section 6-5-336.

(Act 2016-201, §20.)

§ 16-17A-21 Reincorporation

(a) Any public corporation that meets the criteria specified in subsection (b) may reincorporate as an authority under this chapter, and become subject to and governed by this chapter, as provided in this section.

(b) A public corporation may reincorporate under this section if it satisfies both of the following:

(1) The public corporation is a health care authority incorporated or reincorporated under Title 22, Chapter 21, Articles 11 and 11A.

(2) The public corporation was incorporated with the approval of a university.

(c) In order to reincorporate a qualifying public corporation as an authority, the following steps shall be completed:

(1) The board of directors of the qualifying public corporation shall first adopt a resolution proposing articles of reincorporation.

(2) After the adoption by the board of a resolution approving articles of reincorporation, the qualifying public corporation shall file with the sponsoring university a written request for adoption of a resolution approving the proposed reincorporation.

(3) As promptly as may be practicable after the receipt of the application from the qualifying public corporation, the university that formed the qualifying public corporation shall review the application and shall adopt a resolution either approving or denying the articles of reincorporation as proposed by the authority.

(d) Within 30 days following the approval of the articles of reincorporation by the university that formed the qualifying public corporation, the president or vice president of the authority shall sign and file for record in the office of the Secretary of State all of the following items:

(1) The original articles of reincorporation.

(2) A certified copy of each resolution approving the articles of reincorporation.

(3) A certificate of the Secretary of State confirming that the name proposed for the authority is not identical to that of any other corporation organized under state law or so nearly similar thereto as to lead to confusion and uncertainty.

(e) Upon the filing for record of the articles of reincorporation and the documents required by subsection (d), the articles of reincorporation shall become effective and the authority shall immediately be vested with all powers and privileges of this chapter. The Secretary of State shall thereupon record the articles of reincorporation in an appropriate book in his or her office.

(f) A university may not reincorporate a public corporation without the consent of the board of directors of the public corporation.

(g) The articles of reincorporation of an authority may amend and restate the articles of incorporation of the qualifying public corporation if approved in accordance with this section.

(h) Reincorporation of a qualifying public corporation as an authority shall not impair the rights of creditors nor impair the provisions of any contract of a reincorporated public corporation. Upon reincorporation, all assets, liabilities, certificates of need, permits, licenses, or governmental approvals shall immediately transfer from the reincorporated public corporation and vest in the authority. Upon notice of reincorporation, all state regulatory bodies shall cooperate with the authority in order to transfer all certificates of need, permits, licenses, or governmental approvals from the reincorporated public corporation to the authority.

(Act 2016-201, §21.)

§ 16-17A-22 Disposition of Excess Revenues

No part of the net earnings of an authority remaining after payment of its expenses shall inure to the benefit of any person other than a university, a governmental entity, a political corporation, or any nonprofit corporation that is an organization described in Section 501(c)(3) of the Internal Revenue Code.

(Act 2016-201, §22.)

§ 16-17A-23 Dissolution of Authority

(a) At any time when an authority does not have any indebtedness or other contractual or legal obligations outstanding, an authority may be dissolved by filing articles of dissolution with the Secretary of State, but only with the approval of both the board of the authority and the sponsoring university in the manner provided in this section.

(b) In order to dissolve an authority, the following steps shall be completed:

(1) The board shall first adopt a resolution proposing dissolution of the authority.

(2) After the adoption by the board of a resolution approving articles of dissolution, the authority shall file with the sponsoring university a written request to the sponsoring university for adoption of a resolution approving dissolution of the authority.

(3) As promptly as may be practicable after the receipt of the application from the authority, the sponsoring university shall review the application, and its governing body shall adopt a resolution either approving or denying dissolution of the authority.

(c) Within 30 days following the approval of dissolution of an authority by the sponsoring university, the president or vice president of the authority shall sign and file for record in the office of Secretary of State the original articles of dissolution and a certified copy of each resolution approving the articles of dissolution.

(d) Upon the filing for record of the articles of dissolution and the documents required by subsection (c), the articles of dissolution shall become effective. The Secretary of State shall thereupon record the articles of dissolution in an appropriate book in his or her office.

(e) A sponsoring university may not dissolve an authority without the consent of the board.

(f) Upon dissolution of the authority, title to all assets of the authority shall vest in the sponsoring university

(Act 2016-201, §23.)

§ 16-17A-24 Construction of Chapter

The provisions of this chapter are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent with the provisions of this chapter.

(Act 2016-201, §24.)

Chapter 18 Public Educational Building Authorities

§ 16-18-1 Definitions

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

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

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

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

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

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

(6) CONSTRUCTION and CONSTRUCT:

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

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

(7) COUNTY. Any county in the state.

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

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

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

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

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

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

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

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

(16) STATE. The State of Alabama.

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

The definitions set forth herein shall be deemed applicable whether the words defined are used in the singular or plural. Whenever used herein, any pronoun or pronouns shall be deemed to include both singular and plural and to cover all genders.

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

Whenever in this chapter any power is given to an authority to lease ancillary improvements to an educational institution or to an educational institution to lease such ancillary improvements from an authority, such power shall include the power of such authority (1) to lease such ancillary improvements to, and the power of such educational institution to sublease such ancillary improvements from, a private person, firm, corporation, or other entity; and (2) to lease such ancillary improvements to a private person, firm, corporation, or other entity without the requirement of a sublease of such ancillary improvements to an educational institution, provided that the ancillary improvements shall be designed and operated for the use and benefit of an educational institution or its faculty, staff, employees, or students. All such lease and sublease agreements with educational institutions and all such ancillary improvements shall be approved by the board of trustees or other governing body of the educational institution.

(Acts 1966, Ex. Sess., No. 221, p. 308, §1; Acts 1983, 1st Ex. Sess., No. 83-81, p. 86, §1; Act 2000-593, p. 1094, §1; Act 2000-709, p. 1504, §1.)

§ 16-18-2 Legislative Intent

It is the purpose of the Legislature by this chapter to authorize the incorporation of educational building authorities as public corporations and as political subdivisions of the state for the purpose of providing ancillary improvements for use in connection with educational institutions in this state and to invest each authority organized hereunder with all power that may be necessary or appropriate to enable it to accomplish such purpose, including but without limitation to the power to lease its properties and to issue interest-bearing revenue bonds. This chapter shall be liberally construed in conformity with the said intent.

(Acts 1966, Ex. Sess., No. 221, p. 308, §2.)

§ 16-18-3 Procedure to Incorporate

(a) By proceeding in the manner set forth herein, any number of natural persons, not less than three, may incorporate an educational building authority as a public corporation and as a political subdivision of the state. The said natural persons shall first file with the governing body of any municipality the proposed form of the certificate of incorporation of the authority, together with a written application seeking permission to apply for the incorporation of an authority for such municipality. Every such application shall also be accompanied by such supporting documents or evidence as the applicants may consider appropriate to show the need for an authority for the said municipality. The said governing body shall consider the said application and shall find and determine whether it is wise, expedient, necessary or advisable that the authority be formed; if the said governing body finds and determines that it is not wise, expedient, necessary or advisable that the authority be formed, it shall deny the application; but, if it finds and determines that it is wise, expedient, necessary or advisable that the authority be formed and if it approves the proposed form of the certificate of incorporation of the authority, the governing body shall adopt a resolution declaring that it has reviewed the application and has found and determined as a matter of fact that it is wise, expedient, necessary or advisable that the authority be formed and declaring that it has approved the proposed form of certificate of incorporation of the authority. No authority shall be formed hereunder unless the application required by this section shall be made and unless the resolution for which provision is made in this section shall be adopted.

(b) Within 40 days following the adoption of a resolution in accordance with this section, the applicants, or not less than three of the applicants, shall proceed to incorporate the authority by filing for record in the office of the judge of probate of the county in which the determining municipality shall be situated (or, if the determining municipality shall be situated in more than one county, then with the judge of probate of any county in which any part of the determining municipality shall be situated) a certificate of incorporation in the form approved by the governing body of the determining municipality, which certificate shall also comply in form and substance with the requirements of this section and shall be executed in the manner herein provided.

(c) The certificate of incorporation of the authority shall state:

(1) The names of the persons forming the authority, together with the residence of each thereof, and that each of them is a resident of and an owner of real property in the determining municipality, and that each of them is a duly qualified elector of the determining municipality;

(2) The name of the authority (which shall include the words “public educational building authority” and the name of, or other reference to, the determining municipality);

(3) The period for the duration of the authority (if the duration is to be perpetual, subject to the provisions of Section 16-18-1, that fact shall be stated);

(4) The name of the determining municipality, together with the date on which the governing body thereof adopted the resolution in accordance with this section;

(5) The location of the principal office of the authority, which shall be within the corporate limits of the determining municipality; and

(6) Any other matters relating to the authority that the incorporators may choose to insert and that are not inconsistent with this chapter or with the laws of the state.

(d) The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds.

(e) When the certificate of incorporation is filed for record, there shall be attached to it:

(1) A certified copy of the resolution adopted by the governing body of the determining municipality in accordance with this section; and

(2) A certificate by the Secretary of State that the name proposed for the authority is not identical to that of any other corporation organized under the laws of the state or so nearly similar thereto as to lead to confusion and uncertainty.

(f) The judge of probate shall promptly examine all such documents and shall determine whether they are complete and regular on their face and whether the form and contents of the certificate of incorporation comply with the provisions of this chapter. If the judge of probate shall find that all such documents are complete and regular on their face and that the form and contents of the certificate of incorporation comply with the provisions of this chapter, he shall require all such documents to be recorded in a well-bound book in his office. Upon the filing of the said documents, the authority shall come into existence and shall constitute a public corporation and a political subdivision of the state under the name set forth in the said certificate of incorporation. The judge of probate shall thereupon send a notice to the Secretary of State that the certificate of incorporation of the authority has been filed for record.

(Acts 1966, Ex. Sess., No. 221, p. 308, §3.)

§ 16-18-4 Amendments to Certificate of Incorporation

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

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

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

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

(2) Request that the governing body of the determining municipality adopt a resolution declaring that it has reviewed the application and has found and determined as a matter of fact that it is wise, expedient, necessary or advisable for the said amendment to be made.

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

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

(Acts 1966, Ex. Sess., No. 221, p. 308, §4.)

§ 16-18-5 Board of Directors

Each authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to its authorization. The board shall consist of three directors elected, as soon as may be practicable after the organization of the authority, by the governing body of the determining municipality for staggered terms as follows: The first term of one director shall begin immediately upon his election and shall end at noon on the second Monday of November of the next succeeding odd-numbered calendar year following his election; the first term of another director shall begin immediately upon his election and shall end at noon on the second Monday of November of the second succeeding odd-numbered calendar year following his election; and the first term of the remaining director shall begin immediately upon his election and shall end at noon on the second Monday of November of the third succeeding odd-numbered calendar year following his election. Thereafter, the term of office of each director shall be six years, commencing at noon on the second Monday of November when the term of the immediate predecessor director ended. If at any time there should be a vacancy on the board, a successor director to serve for the unexpired term applicable to such vacancy shall be elected by the governing body of the determining municipality. Each election of a director subsequent to the selection of the initial directors, whether for a full six-year term or to complete an unexpired term, shall be made not earlier than 30 days prior to the date on which such director is to take office as such. No officer of the state or of any county or municipality shall, during his tenure as such officer, be eligible to serve as a director. Each director must be a qualified elector and the owner of real property in the determining municipality. Directors shall be eligible for reelection. Each director shall serve without compensation, except that he may be reimbursed for expenses actually incurred by him in and about the performance of his duties. A majority of the directors shall constitute a quorum for the transaction of business. No vacancy in the membership of the board shall impair the right of a quorum to exercise all of the powers and duties of the authority. Any director of the authority may be impeached and removed from office in the same manner and on the same grounds provided by Section 175 of the Constitution of Alabama and the general laws of the state for impeachment and removal of the officers mentioned in said Section 175. All proceedings of the board shall be reduced to writing by the secretary of the authority and recorded in a well-bound book. Copies of such proceedings, when certified by the secretary of the authority under the seal of the authority, shall be received in all courts as evidence of the matters therein certified.

(Acts 1966, Ex. Sess., No. 221, p. 308, §5.)

§ 16-18-6 Officers of Authority

The officers of an authority shall consist of a chairman, vice-chairman, secretary, treasurer and such other officers as its board shall deem necessary or appropriate. The offices of secretary and treasurer may but need not be held by the same person. The chairman and vice-chairman of an authority shall be elected by the board from its membership; the secretary, the treasurer and any other officers of the authority may but need not be members of the board and shall also be elected by the board. The chairman and vice-chairman of the authority shall also be the chairman and vice-chairman of the board, respectively.

(Acts 1966, Ex. Sess., No. 221, p. 308, §6.)

§ 16-18-7 Powers of Authority

The authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form:

(1) To have succession by its corporate name for the duration of time, which may be in perpetuity, subject to the provisions of Section 16-18-21 specified in its certificate of incorporation;

(2) To sue and be sued in its own name in civil actions and to defend actions against it;

(3) To adopt and make use of a corporate seal and to alter the same at pleasure;

(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business;

(5) To acquire, receive and take by purchase, gift, lease, devise or otherwise, and to hold property of every description, real, personal or mixed, wherever the same might be located;

(6) To make, enter into and execute such contracts, agreements, leases and other instruments and to take such other actions as may be necessary or convenient to accomplish any purpose for which the authority was organized or to exercise any power expressly granted hereunder;

(7) To plan, establish, develop, acquire, purchase, lease, construct, reconstruct, improve, maintain and operate ancillary improvements in connection with educational institutions in the state and to acquire real and personal property, franchises and easements deemed necessary or desirable in connection therewith;

(8) To sell and issue bonds of the authority in order to provide funds for any corporate function, use or purpose, which bonds shall be payable solely out of the revenues derived from the operation, lease or sale (or any combination of any thereof) of ancillary improvements of the authority in connection with educational institutions;

(9) To assume obligations secured by a lien on, or payable out of or secured by a pledge of, the revenues from the operation, lease or sale (or any combination of any thereof) of ancillary improvements or any part thereof that may be acquired by the authority, any obligation so assumed to be payable by the authority solely out of the revenues derived from the operation, lease or sale (or any combination of any thereof) of any ancillary improvements, or part thereof, of the authority;

(10) To pledge for payment of any bonds issued or obligations assumed by the authority any revenues from which those bonds or obligations are made payable as herein provided;

(11) To execute and deliver, pursuant to the provisions of this section and of Sections 16-18-11 and 16-18-12, mortgages and deeds of trust and trust indentures, or either;

(12) To appoint, employ, contract with and provide for the compensation of such officers, employees and agents, including but without limitation to engineers, attorneys, architects, construction contractors, management consultants and fiscal advisers, as the business of the authority may require;

(13) To provide for such insurance as the board may deem advisable;

(14) To invest any funds of the authority that the board may determine are not presently needed in the operation of its properties in bonds of the United States of America, bonds of the state and interest-bearing bank deposits, or any thereof;

(15) To cooperate with the United States of America, any agency or instrumentality thereof, the state, any person or any combination of any of the foregoing;

(16) To sell and convey any of its properties that may have become obsolete or worn out or that may no longer be needed or useful as or as a part of ancillary improvements in connection with educational institutions;

(17) To enter into a management agreement or agreements with any person for the management by the authority, or by any lessee or assignee from the authority, of any ancillary improvements or part thereof, upon such terms and conditions as may be mutually agreeable;

(18) To lease to one or more educational institutions any or all of its ancillary improvements and to charge and collect rent therefor and to terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof;

(19) To sell any of its ancillary improvements or part thereof, provided, that any such sale may be made only if any such sale would not constitute a breach of any then outstanding agreement on the part of the authority; and

(20) To convey, with or without valuable consideration, any of its ancillary improvements or part thereof to the state, any one or more counties, municipalities or educational institutions, provided, that such conveyance may be made:

a. Only with the consent of the governing body of the determining municipality, such consent to be evidenced by a resolution adopted by the said governing body; and

b. Only if any such conveyance would not constitute a breach of any then outstanding mortgage and deed of trust, trust indenture or other agreement to which the authority is a party.

(Acts 1966, Ex. Sess., No. 221, p. 308, §7.)

§ 16-18-8 Location of Ancillary Improvements

Any ancillary improvements of the authority may be located within or without or partially within and partially without the determining municipality, subject to the following conditions:

(1) No such ancillary improvements, or part thereof, shall be located more than 15 miles from the corporate limits of the determining municipality;

(2) In no event shall any ancillary improvements or part thereof be located within the corporate limits or the police jurisdiction of a municipality in this state other than the determining municipality, unless the governing body of such other municipality has first adopted a resolution consenting to the location of such ancillary improvements or part thereof in the corporate limits or in the police jurisdiction of such municipality; and

(3) No such ancillary improvements or part thereof shall be located in a county other than that (or those) in which the determining municipality (or part thereof) is situated unless the county commission has first adopted a resolution consenting to the location of such ancillary improvements or part thereof in such county.

(Acts 1966, Ex. Sess., No. 221, p. 308, §8.)

§ 16-18-9 Lease by Educational Institutions of Ancillary Improvements

(a) Any one or more educational institutions in the state, except those educational institutions to which subsection (b) of this section applies, are hereby authorized at any time and from time to time to enter into one or more lease agreements with the authority whereunder any one or more ancillary improvements or part thereof shall be leased by the authority to such educational institution for a term not exceeding 50 years; provided, that the rentals under such lease agreement shall not be payable from any sources other than those specified in the lease agreement; and provided, further, that the rentals shall not be payable by educational institutions out of funds appropriated by the state to or for the benefit of such educational institutions.

(b) The State Board of Education and each city and county board of education (including each public body having jurisdiction over schools in a municipality or county) are each hereby authorized at any time and from time to time to enter into one or more lease agreements with the authority whereunder any one or more ancillary improvements or any part thereof shall be leased by the authority to such board of education for a term not longer than the then current fiscal year of the said board of education, but any such lease agreement may contain a grant to the said board of education of successive options of renewing the said lease agreement on the terms specified therein for any subsequent fiscal year or years of the said board of education; the said lease agreement may contain appropriate provisions as to the method by which such board of education may, at its election, exercise the said options, or any of them, as it may elect on the terms provided therein, and such other covenants and provisions as shall not be inconsistent with this chapter and as the authority and the said board of education may agree. The rental for each fiscal year during which any lease agreement between the authority and the said board of education shall be in effect shall be due in advance on the first day of the fiscal year, and the said rental for said fiscal year shall be payable, and any such covenant on the part of the said board of education shall be performed, solely out of the current revenues of the said board of education for such fiscal year; provided, that the rentals shall be payable solely out of all or any portion (as may be specified in the said lease agreement) of the revenues of the particular educational institution for the benefit of which the ancillary improvements were leased; and provided, further, that the rentals shall not be payable out of funds appropriated by the state to or for the benefit of any of the said educational institutions.

(c) Neither the state, county nor any municipality shall in any manner be liable for the performance of any obligation or agreement contained in any lease agreement between the authority and any one or more educational institutions. The rental payable and the covenants to be performed by an educational institution under the provisions of any such lease agreement shall never create a debt of the state or of any county or municipality in the state within the meaning of Sections 213, 224 and 225 of the Constitution of Alabama. The securing of adequate ancillary improvements by educational institutions for use by them is hereby declared to constitute an essential function of educational institutions, and the rentals payable by such educational institutions for that purpose under any such lease agreement are and shall constitute necessary operating expenses of such educational institutions.

(Acts 1966, Ex. Sess., No. 221, p. 308, §9.)

§ 16-18-10 Remedies Under Lease Agreements

If there is any default in the payment of any rental required to be paid or in the performance of any covenant required to be performed by any educational institution under the provisions of any lease agreement between such educational institution and an authority, the authority and any pledgee of such lease agreement, or either, may by appropriate proceedings enforce and compel payment of such rental and performance of such covenant.

(Acts 1966, Ex. Sess., No. 221, p. 308, §10.)

§ 16-18-11 Bonds of Authority

(a) All bonds issued by the authority shall be signed by its chairman and attested by its secretary, and the seal of the authority shall be affixed thereto, and any interest coupons applicable to the bonds of the authority shall be signed by the said chairman; provided, that a facsimile of the signature of one, but not both, of said officers may be printed or otherwise reproduced on any such bonds in lieu of his manually signing the same, a facsimile of the seal of the authority may be printed or otherwise reproduced on any such bonds in lieu of being manually affixed thereto and a facsimile of the signature of the chairman of the authority may be printed or otherwise reproduced on any such interest coupons in lieu of his manually signing the same.

(b) Any such bonds may be executed and delivered by the authority at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall contain such provisions not inconsistent with the provisions of this chapter and shall bear such rate or rates of interest, payable and evidenced in such manner, as may be provided by resolution of its board.

(c) Bonds of the authority may be sold at either public or private sale in such manner and at such price or prices and at such time or times as may be determined by the board to be most advantageous.

(d) Any bond having a specified maturity more than 10 years after its date shall be made subject to redemption at the option of the authority at the expiration of 10 years from its date and on any interest payment date thereafter at such price or prices and after such notice or notices and on such terms and in such manner as may be provided in the resolution of the board wherein it is authorized to be issued.

(e) The principal of and interest on any bonds issued or obligations assumed by the authority may at any time (whether before, at or after maturity) and from time to time be refunded by the issuance of refunding bonds of the authority, which may be sold by the authority at public or private sale at such price or prices as may be determined by its board to be most advantageous, or which may be exchanged for the bonds or other obligations to be refunded.

(f) The authority may pay all expenses, premiums and commissions which its board may deem necessary and advantageous in connection with any financing done by it.

(g) Issuance by the authority of one or more series of bonds for one or more purposes shall not preclude it from issuing other bonds in connection with the same ancillary improvements or any other ancillary improvements, but the resolutions whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage and deed of trust made for any prior issue of bonds unless in the proceedings authorizing such prior issue the right was reserved to issue subsequent bonds on a parity with such prior issue.

(h) All bonds issued by the authority shall be construed to be negotiable instruments although payable solely from a specified source.

(i) All obligations created or assumed and all bonds issued or assumed by the authority shall be solely and exclusively an obligation of the authority and shall not create an obligation or debt of the state or of any county or municipality; provided, that the provisions of this sentence shall not be construed to release the original obligor from liability on any bond or other obligation assumed by the authority. Any bonds issued by the authority shall be limited or special obligations of the authority payable solely out of the revenues of the authority specified in the resolutions authorizing those bonds. Any such proceedings may provide that the bonds therein authorized shall be payable solely out of the revenues derived from the operation or lease of all ancillary improvements owned by the authority, or solely out of the revenues from the operations or lease of any part of such ancillary improvements, regardless of the fact that those bonds may have been issued with respect to or for the benefit of only certain particular ancillary improvements of the authority.

(j) The authority may pledge for the payment of any of its bonds the revenues from which such bonds are payable, either with or without a pledge of any lease agreement and the rentals therefrom covering the ancillary improvements from which revenues so pledged shall be derived, and may execute and deliver a trust indenture evidencing any such pledge or a mortgage and deed of trust conveying as security for such bonds the ancillary improvements or any part thereof, the revenues or any part of the revenues from which are so pledged.

(k) Any mortgage and deed of trust or trust indenture made by the authority may contain such agreements as the board may deem advisable respecting the operation, maintenance and lease of the property and the use of the revenues subject to such mortgage and deed of trust or affected by such trust indenture and respecting the rights, duties and remedies of the parties to any such instrument and the parties for the benefit of whom such instrument is made.

(Acts 1966, Ex. Sess., No. 221, p. 308, §11.)

§ 16-18-12 Contracts to Secure Bonds and Assumed Obligations

As security for payment of the principal of and interest on bonds issued or obligations assumed by it, the authority may enter into a contract or contracts binding itself for the proper application of the proceeds of bonds and other funds, for the continued operation, maintenance and disposition (including lease) of any ancillary improvements or part thereof owned by it, for the imposition and collection of reasonable rentals from such ancillary improvements, for the disposition and application of its gross revenues or any part thereof, and for any other act or series of acts not inconsistent with the provisions of this chapter for the protection of the bonds and other obligations being secured and the assurance that the revenues from such ancillary improvements will be sufficient to operate such ancillary improvements, maintain the same in good repair and in good operating condition, pay the principal of and interest on any bonds payable from such revenues and maintain such reserves as may be deemed appropriate for the protection of the bonds, the efficient operation of such ancillary improvements, and the making of replacements thereof and capital improvements thereto. Any contract made pursuant to the provisions of this section may be set forth in any resolution of the board authorizing the issuance of bonds or the assumption of obligations or in any mortgage and deed of trust, or trust indenture, made by the authority hereunder.

(Acts 1966, Ex. Sess., No. 221, p. 308, §12.)

§ 16-18-13 Statutory Mortgage Lien

Any resolution of the board or trust indenture under which bonds may be issued pursuant to the provisions of this chapter may contain provisions creating a statutory mortgage lien in favor of the holders of such bonds and of the interest coupons applicable thereto on the ancillary improvements or any part thereof (including any after-acquired property) out of the revenues from which such bonds are made payable. The said resolution of the board or the said trust indenture may provide for the filing for record in the office of the judge of probate of each county in which any part of such ancillary improvements may be located of a notice containing a brief description of such ancillary improvements and of the land relating thereto, a brief description of such bonds, and a declaration that the said statutory mortgage lien has been created upon such ancillary improvements (and upon such land as shall be made subject to the lien) for the benefit of the holders of such bonds and the interest coupons applicable thereto, including any additions thereto and extensions thereof. Each judge of probate shall receive, record and index any such notice filed for record in his office. The filing of such notice, as herein provided, shall operate as constructive notice of the contents thereof. Such lien shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether the parties have actual notice thereof, from the time such notice is filed in the office of the judge of probate as herein provided.

(Acts 1966, Ex. Sess., No. 221, p. 308, §13.)

§ 16-18-14 Proceeds from Sale of Bonds

All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the same are authorized and any costs and expenses incidental thereto. Such costs and expenses may include but shall not be limited to:

(1) The engineering, legal, architectural, fiscal and other expenses incurred in connection with the issuance of the bonds;

(2) In the case of bonds issued to pay costs of construction, interest on such bonds (or, if a part only of any series of bonds is issued for construction purposes, interest on that portion of the bonds of that series that is issued to pay construction costs) prior to and during such construction and for not exceeding one year after completion of such construction; and

(3) In the case of bonds issued for the purpose of refunding principal and interest, or either, with respect to bonds issued or obligations assumed by the authority, any premium that it may be necessary to pay in order to redeem or retire the bonds or other obligations to be refunded.

(Acts 1966, Ex. Sess., No. 221, p. 308, §14.)

§ 16-18-15 Cooperation; Aid from Other Public Bodies

For the purpose of securing ancillary improvements in connection with educational institutions or aiding or cooperating with the authority in the planning, development, undertaking, construction, extension, improvement, operation or protection of ancillary improvements in connection with educational institutions, any county, municipality or other political subdivision, public corporation, agency or instrumentality of this state may, upon such terms and with or without consideration, as it may determine:

(1) Lend or donate money to, or perform services for the benefit of the authority;

(2) Donate, sell, convey, transfer, lease or grant to the authority, without the necessity of authorization at any election of qualified voters, any property of any kind, including but without limitation, any ancillary improvements or part thereof, and any interest in any thereof; and

(3) Do any and all things, whether or not specifically authorized in this section, not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with the authority in the planning, undertaking, construction or operation of ancillary improvements in connection with educational institutions.

(Acts 1966, Ex. Sess., No. 221, p. 308, §15.)

§ 16-18-16 Exemption from Taxation

The authority, the property and income of the authority, all bonds issued by the authority, the income from such bonds, conveyances by or to the authority and leases, mortgages and deeds of trust by or to the authority shall be exempt from all taxation in the State of Alabama. No license or excise tax may be imposed on any authority in respect of the privilege of engaging in any of the activities authorized by this chapter.

(Acts 1966, Ex. Sess., No. 221, p. 308, §16.)

§ 16-18-17 Freedom of Authority from State Supervision and Control

This chapter is intended to aid the state in the execution of its duties by providing appropriate and independent instrumentalities of the state with full and adequate powers to fulfill their functions. Except as in this chapter expressly otherwise provided, no proceeding, notice or approval shall be required for the incorporation of any authority or the amendment of its certificate of incorporation, the acquisition of any property or ancillary improvements or the issuance of any bonds, mortgage and deed of trust, or trust indenture. Neither a public hearing nor the consent of the State Department of Finance shall be prerequisite to the issuance of bonds by the authority.

(Acts 1966, Ex. Sess., No. 221, p. 308, §17.)

§ 16-18-18 Earnings of Authority

The authority shall be a nonprofit corporation, and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, association or corporation, except, that in the event the board of directors of the authority shall determine that sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the authority, then any net earnings thereafter accruing shall be paid to the determining municipality.

(Acts 1966, Ex. Sess., No. 221, p. 308, §18.)

§ 16-18-19 Investments in Bonds of Authority

Unless otherwise directed by the court having jurisdiction thereof, or by the document that is the source of authority, a trustee, executor, administrator, guardian or one acting in any other fiduciary capacity may, in addition to any other investment powers conferred by law and with the exercise of reasonable business prudence, invest trust and other fiduciary funds in bonds of the authority.

(Acts 1966, Ex. Sess., No. 221, p. 308, §19.)

§ 16-18-20 Notice of Bond Resolution

Upon the adoption by the board of any resolution providing for the issuance of bonds, the authority may, in its discretion, cause to be published once a week for two consecutive weeks, in a newspaper published in the determining municipality, or if there is no newspaper published in the determining municipality then in a newspaper published in the county in which the determining municipality or any part thereof is located, a notice in substantially the following form (the blanks being properly filled in) at the end of which shall be printed the name and title of either the chairman or secretary of the authority:

“____, a public corporation and a political subdivision of the State of Alabama, on the ____ day of , authorized the issuance of $ principal amount of revenue bonds of the said public corporation for purposes authorized in the act of the Legislature of Alabama under which the said public corporation was organized. Any action or proceeding questioning the validity of the said bonds, or the pledge and the indenture to secure the same, or the proceedings authorizing the same, must be commenced within 20 days after the first publication of this notice.”

Any action or proceeding in any court to set aside or question the proceedings for the issuance of the bonds referred to in said notice or to contest the validity of any such bonds, or the validity of the pledge and indenture made therefor, must be commenced within 20 days after the first publication of such notice. After the expiration of the said period, no right of action or defense questioning or attacking the validity of the said proceedings or of the said bonds or the said pledge or indenture shall be asserted, nor shall the validity of the said proceedings, bonds, pledge or indenture be open to question in any court on any ground whatsoever except in an action commenced within such period.

(Acts 1966, Ex. Sess., No. 221, p. 308, §20.)

§ 16-18-21 Dissolution of Authority and Vesting of Title to Its Properties

At any time when the authority does not have any bonds outstanding and when there shall be no obligations assumed by the authority that are then outstanding, the board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon the filing for record of a certified copy of said resolution in the office of the judge of probate of the county in which the authority’s original certificate of incorporation was filed, the authority shall thereupon stand dissolved, and in the event it owned any property at the time of its dissolution the title to all its property shall thereupon vest in the determining municipality. In the event the authority shall at any time have outstanding bonds issued hereunder payable out of the revenues from various ancillary improvements, then, as and when the principal of and the interest on all bonds payable, in whole or in part, from the revenues derived from any particular ancillary improvements shall have been paid in full, title to the ancillary improvements with respect to which the bonds so paid in full have been paid shall thereupon vest in the determining municipality, but such vesting of title in the determining municipality shall not affect the title of the authority to any other ancillary improvements the revenues from which are pledged for the payment of any other bonds then outstanding. The formation of one or more authorities under the provisions of this chapter shall not prevent the subsequent formation hereunder of other authorities with respect to the same determining municipality.

(Acts 1966, Ex. Sess., No. 221, p. 308, §21.)

Chapter 18A Private Colleges and Universities Facilities Authority

§ 16-18A-1 Short Title

This chapter may be cited as the “Private Colleges and Universities Facilities Authority Act.”

(Acts 1979, No. 79-322, p. 475, §1.)

§ 16-18A-2 Definitions

As used in this chapter, the following words and terms shall have the following meanings unless the context clearly indicates otherwise:

(1) AUTHORITY. The Private Colleges and Universities Facilities Authority created by this chapter and any successor or successors thereto. Any change in name or composition of the authority shall in no way affect the vested rights of any person under the provisions of this chapter.

(2) PROJECT. A structure or structures available for use as a dormitory or other student housing facility, a dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility, health care facility, maintenance, storage or utility facility and other structures or facilities related thereto or required or useful for the instruction of students or the conducting of research or the operation of an institution of higher education, whether proposed, under construction or completed, including parking and other facilities or structures essential or convenient for the orderly conduct of such institution for higher education, and shall also include landscaping, site preparation, furniture, equipment and machinery and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended but shall not include any items the costs of which are customarily deemed to result in a current operating charge, and shall not include any facility used or to be used for sectarian instruction or as a place of religious worship nor any facility which is used or to be used primarily in connection with any part of the program of a school or department of divinity for any religious denomination.

(3) COSTS. As applied to a project or any portion thereof financed under the provisions of this chapter, all or any part of the cost of construction, acquisition, alteration, enlargement, reconstruction and remodeling of a project including all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, permits, approvals, licenses and certificates and the securing of such permits, approvals, licenses and certificates, and interests acquired or used for or in connection with a project, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved, the cost of all machinery and equipment, financing charges, underwriters’ commissions or discounts, interest prior to, during and for a period of six months following estimated completion of such construction and acquisition, provisions for reserves for principal and interest and for extensions, enlargements, additions and improvements, the cost of architectural, engineering, financial and legal services, plans, specifications, studies, surveys, estimates of cost and revenues, administrative expenses, expenses necessary or incident to determining the feasibility or practicability of constructing the project and such other expenses as may be necessary or incident to the construction and acquisition of the project, the financing of such construction and acquisition and the placing of the project in operation. All funds paid or advanced for any of the purposes aforesaid by any institution for higher education prior to the issuance of any of the authority’s revenue bonds may be refunded to such institution out of the proceeds of any revenue bonds so issued. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under the provisions of this chapter for such project.

(4) BONDS or REVENUE BONDS. Revenue bonds of the authority issued under the provisions of this chapter, including revenue refunding bonds, notwithstanding that the same may be secured by a mortgage or the full faith and credit of a participating institution for higher education or any other lawfully pledged security of a participating institution for higher education.

(5) INSTITUTION FOR HIGHER EDUCATION. A not-for-profit educational institution which is not owned or controlled by the state or any political subdivision, agency, instrumentality, district or municipality thereof, which is authorized by law to provide a program of education beyond the high school level and which:

a. Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; and

b. Provides an educational program for which it awards a bachelor’s degree, or provides an educational program, admission into which is conditioned upon the prior attainment of a bachelor’s degree or its equivalent, for which it awards a post-graduate degree, or provides not less than a two-year program which is acceptable for full credit toward such a degree; and

c. Is accredited by a nationally recognized accrediting agency or association or, if not so accredited, is an institution whose credits are accepted, on transfer, by the University System of Alabama and its educational units for credit on the same basis as if transferred from an institution so accredited.

(6) PROPERTY. Any real, personal or mixed property, or any interest therein, including, without limitation, any real estate, appurtenances, buildings, easements, equipment, furnishings, furniture, improvements, machinery, rights-of-way and structures, or any interest therein.

(7) REVENUES. With respect to any project, the rents, purchase installments, loan repayment proceeds, fees, charges and other moneys derived by the authority therefrom in connection with the lease, sale or financing thereof.

(Acts 1979, No. 79-322, p. 475, §2.)

§ 16-18A-3 Creation of Authority; Members, Organization, Etc

There is hereby created a public body corporate and politic to be known as the Private Colleges and Universities Facilities Authority and by that name, style and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. Said authority, however, shall not be a state institution nor a department or agency of the state, but shall be an instrumentality of purely public charity performing an essential governmental function, being a distinct corporate entity. The authority shall consist of nine members appointed equally by the Governor, the Lieutenant Governor and the Speaker of the House. Such members shall be appointed in 1979 as follows: Three appointed for a term expiring January 1, 1981; three appointed for a term expiring January 1, 1983; and three appointed for a term expiring January 1, 1985. Thereafter, each member shall be appointed for an eight-year term. The respective appointing authority shall fill the unexpired term of any member so appointed who shall cease to serve. All members appointed shall serve until their successors are appointed and qualified and any member may be reappointed. Immediately after each such appointment, such member of the authority shall enter upon his duties. The authority shall elect one of its members as chairman and another as vice chairman and shall appoint a secretary who need not be a member of the authority. The members of the authority shall not be entitled to compensation for their services, but may be reimbursed by the authority for their actual expenses properly incurred in the performance of their duties. The authority may make rules and regulations for its own government. The authority shall have perpetual existence. At all meetings of the authority the presence in person of a majority of the members in office shall be necessary for the transaction of business, and the affirmative vote of a majority of the members then in office shall be necessary for any action of the authority.

(Acts 1979, No. 79-322, p. 475, §3.)

§ 16-18A-4 Powers and Duties

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(19) To do all things necessary or convenient to carry out the powers expressly given in this chapter and any amendments hereto.

(Acts 1979, No. 79-322, p. 475, §4.)

§ 16-18A-5 Revenue Bonds - Issuance; Negotiable, Forms, Terms, Etc.; Refunding Bonds; Security

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

(Acts 1979, No. 79-322, p. 475, §5.)

§ 16-18A-6 Revenue Bonds - Contracts to Secure Payment

As security for payment of the principal and interest on bonds issued or obligations assumed by it, the authority may enter into a contract or contracts binding itself for the proper application of the proceeds of bonds and other funds, for the continued operation and maintenance of any property and facilities, owned or controlled and operated by it or under its authority or any part or parts thereof, for the imposition and collection of reasonable rates and rentals for and the promulgation of reasonable regulations respecting the use of property and facilities of the authority and any service furnished therefrom, for the disposition and application of its gross revenues or any part thereof and for any other act or series of acts not inconsistent with the provisions of this chapter for the protection of the bonds and other obligations being secured and the assurance that revenues from such property and facilities will be sufficient to cover the cost of all direct operation of such property and facilities by the authority and the maintenance in good condition of such property and facilities, owned and controlled by the authority, the payment of the principal of and interest on any bonds payable from such revenues and the maintenance of such reserves as may be deemed appropriate for the protection of the bonds, the efficient operation of such property and facilities, and the making of replacements thereof and capital improvements thereto. Any contract pursuant to the provisions of this section may be set forth in any resolution of the authority authorizing the issuance of bonds or the assumption of obligations or in any mortgage and deed of trust and trust indenture made by the authority under this chapter.

(Acts 1979, No. 79-322, p. 475, §6.)

§ 16-18A-7 Revenue Bonds - Creation of Statutory Mortgage Lien; Recording

Any resolution of the authority or trust indenture under which bonds may be issued pursuant to the provisions of this chapter may contain provisions creating a statutory mortgage lien in favor of the holders of such bonds and of the interest coupons applicable thereto on the property and facilities, or any part thereof (including any after-acquired property) out of the revenues from which such bonds are made payable. The said resolution of the authority of the said trust indenture may provide for the filing of record in the office of the judge of probate of each county in which any property and facilities, or any part thereof, may be located of a notice containing a brief description of such bonds and a declaration that said statutory mortgage lien has been created for the benefit of the holders of such bonds and the interest coupons applicable thereto upon such property and facilities, or any thereof, including additions thereto and extensions thereof. Each judge of probate shall receive and record and index any such notice filed for record in his office. The recording of such notice, as provided in this section, shall operate as constructive notice of the contents thereof.

(Acts 1979, No. 79-322, p. 475, §7.)

§ 16-18A-8 Use of Proceeds from Sale

All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the same are authorized and any costs and expenses incidental thereto. Such costs and expenses may include, but shall not be limited to:

(1) The fiscal, engineering, legal and other expenses incurred in connection with the issuance and sale of the bonds;

(2) In the case of bonds issued to pay costs of the authority, interest on such bonds (or, if a part only of bonds of any series is issued for construction purposes, interest on that portion of the bonds of that series that is issued to pay construction costs) prior to and during such construction; and

(3) In the case of bonds issued for the purpose of refunding principal and interest or either with respect to bonds issued or obligations assumed by the authority, any premium that it may be necessary to pay in order to redeem or retire the bonds or other obligations to be refunded.

(Acts 1979, No. 79-322, p. 475, §8.)

§ 16-18A-9 Exemptions from Taxation, Fees and Costs

The property and income of the authority, all bonds issued by the authority, the income from such bonds or from any other sources, the interest and other profits from such bonds enuring to and received by the holders thereof, conveyances by and to the authority and leases, mortgages and deeds of trust by and to the authority shall be exempt from all taxation in the State of Alabama. The authority shall not be obligated to pay or allow the payment of any fees, taxes or costs to the Secretary of State in connection with its incorporation or with any amendment to its certificate of incorporation or otherwise or to any judge of probate of any county in connection with the recording by it of any document or otherwise, the authority being hereby exempted from the payment of any such fees, taxes and costs. No license or excise tax may be imposed by any authority with respect to the privilege of engaging in any of the activities in this chapter.

(Acts 1979, No. 79-322, p. 475, §9.)

§ 16-18A-10 Venue and Jurisdiction

The authority’s legal situs or residence for the purpose of this chapter shall be Montgomery County. Any action to protect or enforce any rights under the provisions of this chapter, including the validation of obligations issued by the authority as herein permitted, shall be brought in the Circuit Court of Montgomery County, Alabama, and said court shall have exclusive original jurisdiction of all such actions.

(Acts 1979, No. 79-322, p. 475, §10.)

§ 16-18A-11 Interest of Bondholders Protected; Enforceability

While any of the revenue bonds issued by the authority remain outstanding, the powers, duties or existence of the authority or of any of its officers shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such revenue bonds. The provisions of this chapter shall be for the benefit of the state, the authority and the holders of any such revenue bonds, and, upon the issuance of the revenue bonds as herein provided, such provisions shall constitute a contract with the holders of such revenue bonds. The provisions of any bond resolution, indenture or trust agreement shall be a contract with every holder of such revenue bonds and the duties of the authority under any such bond resolution, indenture or trust agreement shall be enforceable by any bondholder by mandamus or other appropriate suit, action or proceeding at law or in equity.

(Acts 1979, No. 79-322, p. 475, §11.)

§ 16-18A-12 Moneys Considered Trust Funds

All moneys received by the authority pursuant to this chapter shall be deemed to be trust funds for the holders of the bonds and interest coupons thereto appertaining and shall be held and applied for the benefit of the bondholders of the respective issues as provided in this chapter and as provided in the authorizing resolutions of the authority.

(Acts 1979, No. 79-322, p. 475, §12.)

§ 16-18A-13 Title to Projects

The authority may hold title to any project financed by it but shall not be required to do so.

(Acts 1979, No. 79-322, p. 475, §13.)

Chapter 18B Alabama Forensic Sciences Bond Authority

§ 16-18B-1 Legislative Findings

The Legislature hereby finds and declares that it is necessary, desirable, and in the public interest that the state provide adequate forensic sciences laboratories and educational facilities for the provision of instruction and research in the field of forensic sciences. It is the intention of the Legislature by the passage of this article to authorize the formation of a public corporation for the purposes of providing for the acquisition, provision, construction, improvement, renovation, equipping, and maintenance of such facilities and to authorize the corporation to provide for payment of the costs of accomplishing the stated purposes by implementing that certain constitutional amendment authorizing the issuance by the state of up to $17,500,000 principal amount of its general obligation bonds, which amendment was proposed by Act 98-337, and by issuing and selling for the state, subject to the approval of the Governor, interest bearing general obligation bonds of the state not in excess of $17,500,000 in principal amount, as authorized by said constitutional amendment.

(Act 98-391, p. 771, §1.)

§ 16-18B-2 Definitions

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

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

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

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

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

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

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

(7) GOVERNOR. The Governor of the state.

(8) LEGISLATURE. The Legislature of the state.

(9) PERMITTED INVESTMENTS:

a. Government securities;

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

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

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

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

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

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

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

(10) STATE. The State of Alabama.

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

The definitions set forth above shall be deemed applicable whether the words defined are used in the singular or plural. Whenever used herein, any pronoun or pronouns shall be deemed to include both singular and plural and to cover all genders.

(Act 98-391, p. 771, §2.)

§ 16-18B-3 Authorization and Procedure for Incorporations; Application

The Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the State Treasurer, and the Director of Finance of the state may become a corporation, with the powers and authorities hereinafter provided, by proceeding according to the provisions of this article. To become a corporation, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the State Treasurer, and the Director of Finance shall present to the Secretary of State of Alabama an application signed by them which shall set forth:

(1) The name, official designation and official residence of each of the applicants, together with a certified copy of the commission evidencing each applicant’s right to office;

(2) The date on which each applicant was inducted into office and the term of office of each of the applicants;

(3) The name of the proposed corporation, which shall be the Alabama Forensic Sciences Bond Authority;

(4) The location of the principal office of the proposed corporation, which shall be Montgomery, Alabama; and

(5) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this article or the laws of the State of Alabama.

The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of the State of Alabama to take acknowledgments to deeds. The Secretary of State shall examine the application and, if he finds that it substantially complies with the requirements of this section, he shall receive and file it and record it in an appropriate book of records in his office.

(Act 98-391, p. 771, §3.)

§ 16-18B-4 Certificate of Incorporation

When the application has been made, filed and recorded, as herein provided, the applicants shall constitute a public corporation under the name proposed in the application and the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this article, under the Great Seal of the State, and shall record the same with the application. There shall be no fees paid to the Secretary of State for any work in connection with the incorporation or dissolution of the corporation so organized (which, for convenience, is herein referred to as “the corporation”).

(Act 98-391, p. 771, §;4.)

§ 16-18B-5 Members; Officers; Quorum; Vacancies; Salaries; Record of Proceedings

The applicants named in the application and their respective successors in office shall constitute the members of the corporation. The Governor shall be the president of the corporation and the Director of Finance shall be the secretary of the corporation. The State Treasurer shall be the treasurer of the corporation and shall act as custodian of its funds. The members of the corporation shall constitute all the members of the board of directors of the corporation, and any three members of the board of directors shall constitute a quorum for the transaction of business. Should any of said officials of the state die or should his term of office as Governor, Lieutenant Governor, Speaker of the House of Representatives, Director of Finance, or State Treasurer expire or should he resign therefrom, his successor in office shall take his place as a member, officer and director of the corporation, as the case may be. No member, officer or director of the corporation shall draw any salary, in addition to that now authorized by law, for any service he may render or any duty he may perform in connection with the corporation. All proceedings had and done by the board of directors shall be reduced to writing by the secretary of the corporation and recorded in a substantially bound book. Copies of such proceedings, when certified by the secretary of the corporation under the seal of the corporation, shall be received in all courts as prima facie evidence of the matters and things therein certified.

(Act 98-391, p. 771, §5.)

§ 16-18B-6 Powers of Authority

The corporation shall have the following powers:

(1) To have succession by its corporate name without time limit;

(2) To sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties;

(3) To have and to use a corporate seal and to alter the same at pleasure;

(4) To acquire, provide, construct, improve, renovate, equip, and maintain, or transfer to public institutions in the state, forensic sciences laboratories and educational facilities for the provision of instruction and research in the field of forensic sciences;

(5) To receive, take and hold by sale, gift, lease, devise or otherwise, real and personal estate of every description, and to manage the same;

(6) To acquire by purchase, gift, or the exercise of the power of eminent domain, or any other lawful means, and to transfer, convey or cause to be conveyed to the state, any real, personal or mixed property necessary or convenient in connection with the acquiring, providing, constructing, improving, renovating, equipping and maintenance of, or transfer to public institutions in the state, forensic sciences laboratories and educational facilities for the provision of instruction and research in the field of forensic sciences;

(7) To exercise the right of eminent domain as freely and completely as, and in the same manner as, the state is empowered to exercise such right;

(8) To sell and issue for the state bonds and refunding bonds as provided in this article;

(9) To appoint and employ such attorneys, accountants, financial advisors, underwriters, trustees, depositories, registrars and other advisors, agents and independent contractors as the business of the corporation may require; and

(10) To enter into contracts with municipalities, counties, state agencies or institutions, or political subdivisions of the state or any other state, private persons, firms, corporations and any branch of the federal government, in furtherance of its public purposes and objects either relative to work done or to be done.

(Act 98-391, p. 771, §6.)

§ 16-18B-7 Bonds - Issuance and Sale

The bonds issued pursuant to this article shall not be obligations of said corporation but shall be general obligations of the state with the full faith and credit and taxing power of the state to be pledged to the prompt and faithful payment of the principal thereof and the interest and redemption premium (if any) thereon. The proceeds from the sale of the bonds shall be used exclusively for the purposes described in the aforesaid constitutional amendment. The bonds may be sold and issued in one or more series at any time and from time to time, may have such series designations, may be in such forms, principal amounts, denominations and numbers, may be of such tenor and maturities, may bear such date or dates, may be payable in such installments and at such time or times, may be payable at such place or places within or without the state, may bear interest at such rate or rates payable and evidenced in such manner, may contain provisions for redemption at the option of the state to be exercised by said corporation on such date or dates prior to their respective maturities and upon payment of such redemption price or prices, and may contain such other provisions not inconsistent with the provisions of the amendment and this article, all as shall be provided by the board of directors of the corporation in the resolution or resolutions pursuant to which the bonds shall be authorized, sold, and issued.

(Act 98-391, p. 771, §7.)

§ 16-18B-8 Bonds - Payment of Principal, Premium, and Interest; Records

The State Treasurer is authorized and directed to pay the principal of, premium, if any, and interest on the bonds issued under the provisions of this article, as such principal, premium, if any, and interest shall respectively mature, and he is further authorized and directed to set up and maintain appropriate records pertaining thereto.

(Act 98-391, p. 771, §8.)

§ 16-18B-9 Bonds - Redemption

The bonds of each series issued pursuant to this article may be issued as serial bonds payable in annual installments or as term bonds or as a combination thereof, and the principal of the bonds of each such series shall mature or be subject to mandatory redemption according to such schedule as the board of directors of said corporation shall determine in the resolution authorizing the issuance of such series. The bonds may be made subject to redemption prior to their respective maturities, at the option of the state, on such terms and conditions as shall be provided by the board of directors of the corporation in the resolution authorizing the issuance of such series. Any or all of such bonds subject to redemption at the option of the state may be called for redemption by the corporation pursuant to a resolution adopted by the board of directors thereof if pursuant to appropriations theretofore made by the Legislature the moneys required for such redemption are at the time held in the State Treasury or if such redemption is to be effected with moneys provided by the sale and issuance of refunding bonds issued pursuant to the amendment and as provided for in this article. The corporation may specify the terms and conditions under which any of the bonds authorized pursuant to the amendment may be exchanged for like bonds of other denominations as the corporation may prescribe.

(Act 98-391, p. 771, §9.)

§ 16-18B-10 Bonds - Execution; Facsimiles; Validity

The bonds of each series thereof issued pursuant to this article shall be sold by said corporation at public sale as provided in the amendment. The bonds shall be executed in the name of the state by the Governor and countersigned by the secretary of the corporation, and the Great Seal of the State shall be impressed thereon and attested by the Secretary of State. A facsimile of the signature of each such official may be imprinted on any of the bonds in lieu of being manually inscribed thereon, and a facsimile of the Great Seal of the State may be printed on the bonds in lieu of such seal being manually impressed thereon. Each such facsimile signature shall be valid in all respects as if the officials whose facsimile signatures are so used had signed the bonds in person, and any facsimile of the Great Seal of the State so used shall be valid in all respects as if such seal had been manually impressed on the bonds. In the event any official who shall sign any of the bonds or whose facsimile signature shall appear thereon shall thereafter cease to hold office before such bonds are delivered and paid for, such bonds shall nevertheless be valid for all purposes to the same extent as if the official who signed such bonds or whose facsimile signature appears thereon had remained in office until all of the bonds bearing such signature or facsimile thereof shall have been delivered and paid for.

(Act 98-391, p. 771, §10.)

§ 16-18B-11 Alabama Forensic Sciences Bond Fund

The proceeds derived from the sale of each series of the bonds issued pursuant to this article other than refunding bonds shall be paid into the State Treasury upon receipt thereof, and the State Treasurer shall keep such proceeds, as well as all income received from the investment and reinvestment of such proceeds (including income derived from the investment and reinvestment of previously derived income), in a special fund in the State Treasury, designated “The Alabama Forensic Sciences Bond Fund,” pending the expenditure of such proceeds and income for the purposes hereinafter authorized and as required by said amendment. All proceeds so deposited in the State Treasury shall be continuously invested by the State Treasurer in permitted investments, and as and when income from the investment of such proceeds is received, such income shall be kept continuously invested in the same manner as such proceeds. The State Treasurer, acting on projections of expenditures provided by the Director of Finance, shall keep all such proceeds, together with the income derived from the investment and reinvestment thereof, invested in investments which shall mature or otherwise be subject to liquidation on such terms as will provide cash when required for the purposes for which bonds may be issued pursuant to this article.

(Act 98-391, p. 771, §11.)

§ 16-18B-12 Use of Proceeds from Bonds

Upon order of the board of directors of the corporation, all expenses incurred in connection with the authorization, preparation, sale, and issuance of bonds authorized herein and by the amendment shall be paid out of the proceeds thereof. The proceeds thereof remaining after payment of such expenses, together with the income derived from the investment and reinvestment of such proceeds (including income derived from the investment and reinvestment of previously derived income) shall be disbursed from time to time on the order of said corporation upon the approval of the Director of Finance; provided however, such disbursements shall be used solely for the purpose of acquiring, providing, constructing, improving, renovating, equipping and maintenance of forensic sciences laboratories and educational facilities for the provision of instruction and research in the field of forensic sciences.

(Act 98-391, p. 771, §12.)

§ 16-18B-13 Refunding Bonds

Pursuant to the provisions of the aforesaid amendment and this article, the corporation may, at any time and from time to time, issue for the state refunding bonds of the state for the purpose of refunding any or all of the bonds authorized by the amendment then outstanding (including any refunding bonds that may have been previously issued), whether such refunding shall occur before, at or after the maturity of the bonds to be refunded. In the discretion of the corporation, refunding bonds may be issued in exchange for such outstanding bonds or they may be sold and the proceeds thereof applied to the purchase, redemption or payment of outstanding bonds. Refunding bonds to be sold pursuant hereto may be issued in such principal amount or amounts as shall be determined by the corporation. Pending the application of the proceeds of refunding bonds issued in accordance with this section, such proceeds, together with investment income therefrom, and moneys in any sinking fund for the bonds to be refunded, together with investment income therefrom, may be held by the State Treasurer, in trust, or may be deposited by the State Treasurer, in trust, on such terms as the State Treasurer shall approve, with one or more trustees or escrow agents which trustees or escrow agents shall be trust companies or national or state banks having powers of a trust company within or without the state, for investment in direct general obligations of, or obligations the payment of the principal of and interest on which are unconditionally and irrevocably guaranteed by, the United States of America. The proceeds of refunding bonds, together with the investment income therefrom, and moneys in any sinking fund for the bonds to be refunded, together with investment income therefrom, shall be available for the payment of all or any part of the principal, interest, and redemption premium, if any, of the bonds to be refunded and of such refunding bonds, or any of them, as the corporation in its discretion shall prescribe. Proceeds of refunding bonds shall be so invested and applied as to assure that the principal, interest, and redemption premium, if any, on the bonds to be refunded thereby shall be paid in full on their respective maturity, interest, or redemption payment dates. The State Treasurer may contract with respect to the safekeeping and application of proceeds derived from the sale and issuance of refunding bonds and other funds included therewith and the income therefrom, including the right to appoint a trustee which may be any trust company or national or state bank having powers of a trust company within or without the state. As provided in the amendment, refunding bonds issued pursuant to the provisions of this article shall not be obligations of the Alabama Forensic Sciences Bond Authority, but shall be general obligations of the State of Alabama, and the full faith and credit and taxing power of the state are hereby irrevocably pledged for the prompt and faithful payment of the principal of all refunding bonds and the interest and redemption premium (if any) thereon. Except as herein expressly provided otherwise, all provisions of this article regarding the terms and conditions of the bonds to be issued pursuant to this article, as well as the sale, issuance, and execution thereof and the security therefor, shall apply to all refunding bonds issued hereunder; provided, however, that no refunding bonds shall be issued unless the present value of all debt service on the refunding bonds (computed with a discount rate equal to the true interest rate of the refunding bonds and taking into account all underwriting discount and other issuance expenses) shall not be greater than 95% of the present value of all debt service on the bonds to be refunded (computed using the same discount rate and taking into account the underwriting discount and other issuance expenses originally applicable to such bonds) determined as if such bonds to be refunded were paid and retired in accordance with the schedule of maturities (considering mandatory redemption as a scheduled maturity) provided at the time of their issuance. Provided further that the average maturity of the refunding bonds, as measured from the date of issuance of such refunding bonds, shall not exceed by more than three years the average maturity of the bonds to be refunded, as also measured from such date of issuance, with the average maturity of any principal amount of bonds to be determined by multiplying the principal of each maturity by the number of years (including any fractional part of a year) intervening between such date of issuance and each such maturity, taking the sum of all such products, and then dividing such sum by the aggregate principal amount of bonds for which the average maturity is to be determined.

(Act 98-391, p. 771, §13.)

§ 16-18B-14 Exemption from Taxes; Use of Bonds as Security; Investment of Funds

All bonds (including refunding bonds) issued pursuant hereto, and the income therefrom (including the interest income thereon) shall be free from all taxation by the state or any county, municipality, or other political subdivision or instrumentality of the state, excepting inheritance, estate, and gift taxes. Any bonds issued by the corporation may be used by the holder thereof as security for any funds belonging to the state or to any instrumentality or agency of the state in any instance where security for such deposits may be required by law. Unless otherwise directed by the court having jurisdiction thereof, or by the document that is the source of authority, a trustee, executor, administrator, guardian, or one acting in any other fiduciary capacity may, in addition to any other investment powers conferred by law and with the exercise of reasonable business prudence, invest trust and other fiduciary funds in bonds of the corporation.

(Act 98-391, p. 771, §14.)

§ 16-18B-15 Contracts to Be in Writing

All contracts for the acquisition, provision, construction, improvement, renovation, equipping and maintenance of forensic sciences laboratories and educational facilities for the provision of instruction and research in the field of forensic sciences shall be in writing.

(Act 98-391, p. 771, §15.)

§ 16-18B-16 Appropriation and Allocation of Funds

There is hereby appropriated so much of the bond proceeds and interest income thereon as may be necessary for the acquisition, provision, construction, improvement, renovation, equipping and maintenance of forensic sciences laboratories and educational facilities for the provision of instruction and research in the field of forensic sciences. Moneys in the fund (whether original proceeds from the sale of the bonds or principal proceeds of matured permitted investments) shall be paid out from time to time in orders or warrants issued by or on the direction of the corporation for the purposes specified in this article that may be deemed by the corporation to be most advantageous to the state, and such moneys shall be allocated and expended by the corporation, subject to all the provisions of this article, in the amounts set out as follows:

(1) $10,000,000 to plan, design, inspect, construct, reconstruct, enlarge, improve, repair, renovate, and equip the core facility for education, training, scientific research, and highly specialized testing at the University of Alabama at Birmingham-Department of Justice to include the National Institute for Forensic Sciences.

(2) $7,500,000 to plan, design, inspect, construct, reconstruct, enlarge, improve, repair, renovate, and equip the core facility for education, training, scientific research, and highly specialized testing at Alabama State University.

(Act 98-391, p. 771, §16.)

§ 16-18B-17 Dissolution of Corporation

At any time when no bonds of the corporation are outstanding the corporation may be dissolved upon the filing with the Secretary of State of an application for dissolution, which shall be subscribed by each of the members of the corporation and which shall be sworn to by each such member before an officer authorized to take acknowledgments to deeds. Upon the filing of said application for dissolution, the corporation shall cease and any property owned by it at the time of its dissolution shall pass to the State of Alabama. The Secretary of State shall file and record the application for dissolution in an appropriate book of record in his office, and shall make and issue, under the Great Seal of the State, a certificate that the corporation is dissolved, and shall record the certificate with the application for dissolution.

(Act 98-391, p. 771, §17.)

§ 16-18B-18 Diversity of Corporation

The Alabama Forensic Sciences Bond Authority shall, to the extent possible and practical, utilize businesses and companies in all aspects of the bond and construction sections of this article that reflect the racial and ethnic diversity of the state.

(Act 98-391, p. 771, §18.)

§ 16-18B-19 Exemption from Federal Income Taxation

The corporation on behalf of the state shall have the power to provide for such payments to the United States of America as the directors deem necessary to cause the interest on any bonds to be and remain exempt from federal income taxation. The corporation shall have the power to make agreements respecting the investment of the proceeds of the bonds or other funds of the corporation necessary in order that the interest income on bonds of the corporation be and remain exempt from federal income taxation.

(Act 98-391, p. 771, §19.)

Chapter 19 Local Aid to State Educational Institutions

§ 16-19-1 Definitions

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

(1) LOCAL SUBDIVISION. Any county or municipality in the State of Alabama.

(2) STATE EDUCATIONAL INSTITUTION. Any institution of higher learning above the secondary school classification, whether under the control of a separate board of trustees or under the control of the State Board of Education.

(3) EDUCATIONAL FACILITY. Any educational building, educational center, or other structure designed for use by any state educational institution for any educational purpose.

(Acts 1959, 1st Ex. Sess., No. 79, p. 140, §1; Acts 1970, Ex. Sess., No. 45, p. 2668, §2.)

§ 16-19-2 Counties and Municipalities Authorized to Make Appropriations and Donations to State Educational Institutions

Any local subdivision shall have the power to make, from time to time, appropriations from any of its funds not required by law to be devoted to some other purpose, to any state educational institution for the purpose of paying all or any part of the costs of the acquisition, by construction or otherwise, of an educational facility to be owned and operated by such state educational institution; and any local subdivision shall have the power also to donate any of its properties that are not required by law to be used for some other purpose to any state educational institution for use as an educational facility to be owned and operated by such state educational institution, or as a part of such an educational facility.

(Acts 1959, 1st Ex. Sess., No. 79, p. 140, §2.)

§ 16-19-3 Issuance of Warrants Authorized

Each local subdivision shall have the power from time to time to sell and issue interest-bearing warrants of such local subdivision for the purpose of raising funds to pay all or any part of the costs of the acquisition by a state educational institution, by construction or otherwise, of any educational facility. Such warrants shall be in such denomination or denominations, may have such maturity or maturities not exceeding 30 years from their date, may bear interest from their date at such rate or rates not exceeding eight percent per annum payable semiannually and evidenced in such manner, may be payable at such place or places within or without the state, may be sold at such time or times and in such manner, may be executed in such manner and may contain such terms and provisions not inconsistent with the provisions of this chapter, all as the governing body of such local subdivision may provide in the proceedings under which the warrants are authorized to be issued. Such warrants may be issued, at the option of the governing body of the local subdivision issuing such warrants, either:

(1) As general obligations of the local subdivision by which they are issued, in which event the full faith and credit of such local subdivision shall be irrevocably pledged for the payment of the principal thereof and interest thereon; or

(2) As limited obligations of such local subdivision payable solely out of the proceeds of a special tax, in which event they shall not be general obligations of the local subdivision by which they are issued and its full faith and credit shall not be pledged therefor.

The proceeds derived from the sale of any such warrants shall be used solely for the purpose for which they are authorized in said proceedings to be issued.

(Acts 1959, 1st Ex. Sess., No. 79, p. 140, §3; Acts 1970, Ex. Sess., No. 45, p. 2668, §3.)

§ 16-19-4 Pledge of Revenues for Payment of Warrants

As security for the payment of the principal of and interest on any warrants issued under the provisions of this chapter, the local subdivision issuing such warrants may, in the discretion of its governing body, specially pledge for payment of such principal and interest at their respective maturities the proceeds of any ad valorem, privilege, license, excise or other tax the proceeds of which are subject to the control of such local subdivision and are not required by law to be devoted to some other purpose.

(Acts 1959, 1st Ex. Sess., No. 79, p. 140, §4.)

§ 16-19-5 County General Obligation Warrants to Constitute Preferred Claim; Issuance Deemed Audit and Allowance of Claim

Any general obligation warrants and the interest coupons applicable thereto issued by a county under the provisions of this chapter shall constitute preferred claims against the issuing county, having the same priority, under Section 11-12-15, as interest on bonds. The issuance hereunder of any warrants and interest coupons by a county, pursuant to the authorization by the county commission, shall be deemed to constitute an audit and allowance by such county commission of claims, in the total amount of such warrants and coupons, against such county and against any tax proceeds pledged therefor pursuant to the provisions of this chapter, and no other audit or allowance of such claims and no proof of registration thereof shall be required.

(Acts 1959, 1st Ex. Sess., No. 79, p. 140, §5; Acts 1970, Ex. Sess., No. 45, p. 2668, §4.)

§ 16-19-6 Provisions of Chapter Control Over Inconsistent Legislation; Section 11-8-10 Inapplicable

Insofar as the provisions of this chapter may be inconsistent with the provisions of any other law, the provisions of this chapter shall control, it being hereby declared that the provisions of Section 11-8-10 shall not be applicable to warrants issued by any county under the provisions of this chapter.

(Acts 1959, 1st Ex. Sess., No. 79, p. 140, §6.)

§ 16-19-7 Warrants Deemed Issued for Purpose of Constructing, Etc., Schoolhouses

Warrants issued by a municipality under the provisions of this chapter shall be deemed to constitute obligations issued for the purpose of acquiring, providing or constructing schoolhouses within the meaning of Section 225 of the Constitution of Alabama of 1901.

(Acts 1959, 1st Ex. Sess., No. 79, p. 140, §7.)

§ 16-19-8 Powers Cumulative

The powers conferred by this chapter shall be in addition to all powers conferred upon any local subdivision by any other law.

(Acts 1959, 1st Ex. Sess., No. 79, p. 140, §8.)

Chapter 20 Lease and Sale of School Lands

§ 16-20-1 “School Lands” Defined

“School lands,” within the meaning of this chapter, are sections numbered 16, in every township, granted by the United States for the use of schools in the township, and such other lands as may have been granted to any township or district for the use of schools; and all such lands are vested in the state in trust to execute the objects of the grant.

(School Code 1927, §629; Code 1940, T. 52, §560.)

§ 16-20-2 Timber on Reserved Lots Not to Be Injured

(a) The lots reserved for timber are for the common benefit of the lessees of the other lots; but no timber shall be cut down, injured or destroyed as long as there is sufficient on the other lots, which the Commissioner of the Department of Conservation and Natural Resources is to determine; but the lessees must in no case cut down, injure or destroy such timber without permission from said commissioner, which may be given on such terms as he may think proper, having due regard to the interest of the township or district.

(b) Any person who, without authority, cuts down, boxes, injures or destroys any tree on school lands shall forfeit and pay for every such tree the sum of $25.00, to be recovered before any court having jurisdiction in the name of the county board of education for the school located in the township in which such lands are located, or the school district in which such lands are located.

(c) All fines and forfeitures under this section shall be paid into the Treasury and added to the credit of the permanent Sixteenth Section Fund of the township.

(School Code 1927, §§637-639; Code 1940, T. 52, §§561-563.)

§ 16-20-3 When Secretary of State Issues Patent

The Secretary of State must issue patents, upon satisfactory evidence furnished him of full payment of purchase money to any person, agent or other officer legally authorized to receive such payment; and, upon proof of a mistake in the issue of any patent, he must correct the same or issue a new patent on the return of the original to his office.

(School Code 1927, §645; Code 1940, T. 52, §564.)

§ 16-20-4 Notes Placed with Attorney General for Collection

All notes for school lands held by or deposited with the State Superintendent of Education, if not paid within six months after maturity, must be placed with the Attorney General for collection; but this section shall not be so construed as to prevent the State Superintendent of Education from ordering an action on notes at any time after maturity, when so ordered by the sureties on the notes.

(School Code 1927, §647; Code 1940, T. 52, §565.)

§ 16-20-5 State Pledged to Pay Interest on School Land Funds

All funds now in the Treasury derived from the sale of sixteenth section or other school lands, or which may hereafter accrue from sale of such lands, together with the redemption money of other lands in which former accumulations have been invested under an act approved March 1, 1881, entitled “An act to authorize the compromise and settlement of claims for school lands in this state,” are covered into the Treasury and made available for general purposes, and the faith and credit of the state is pledged for the payment of the interest on such fund to the public schools of the state, at the rate of six percent per annum.

(School Code 1927, §650; Code 1940, T. 52, §566.)

§ 16-20-6 When Title Acquired by Adverse Possession

When a person is in possession of any sixteenth section lands under color of title, and has been in such possession for more than 20 years prior to the first day of May, 1908, and neither the state, nor any department thereof, holds any note, bond, obligation or other contract of anyone for the purchase money of such land, and the Commissioner of the Department of Conservation and Natural Resources and the Director of Finance shall so certify, and the Attorney General shall certify that proof of adverse possession, by the person now in possession, or coupled with his predecessor in possession, for 20 years prior to May 1, 1908, under color of title, has been made, which proof is satisfactory to the Attorney General. The Governor must cause a patent to issue to said land under the seal of the state to the person entitled thereto. Notwithstanding the foregoing provisions of this section, if the Attorney General is satisfied with the proof of color of title for 20 years prior to 1908 by the person now in possession or coupled with his predecessors in said color of title, the Attorney General shall not require affidavits of adverse possession for the period prior to 1908, except in cases of boundary line disputes, to establish said adverse possession.

(School Code 1927, §652; Code 1940, T. 52, §567; Acts 1963, No. 421, p. 928, §1.)

§ 16-20-7 Township Lines Abolished

Township lines for school purposes are abolished; but the inhabitants of no township shall be deprived of the sixteenth section or any fund arising therefrom, or of selling and leasing such lands as provided by law.

(School Code 1927, §654; Code 1940, T. 52, §568.)

§ 16-20-8 Sale of Land Deeded to State for School Purposes - When Authorized; Deeds

Whenever the county board of education of any county shall certify to the State Superintendent of Education that it is to the benefit of the public school interest of such county, or a public school district thereof, for any lands situated in such county or district which have been conveyed to the State of Alabama for school purposes to be sold, particularly describing the same, the Superintendent of Education, upon receipt of such certificate, with approval of the Governor, shall negotiate the sale of such land, either at public or private sale. A deed to the purchaser of such land shall be executed and shall be issued as provided by law.

(School Code 1927, §387; Code 1940, T. 52, §373.)

§ 16-20-9 Sale of Land Deeded to State for School Purposes - Disposition of Proceeds

The proceeds of any sale of lands made under Section 16-20-8 shall be paid by the State Superintendent of Education to the county custodian of school funds where such land is situated.

(School Code 1927, §388; Code 1940, T. 52, §374.)

§ 16-20-10

(a) It is the intent of the Legislature that this section effectuates and carries out its intent in passing Section 30-5.20 of the Constitution of Alabama of 2022 during the 2024 Regular Session, which was ratified in November of 2024 pursuant to a statewide election.

(b) Upon the request of the Franklin County Board of Education, the Department of Conservation and Natural Resources shall issue to the board a deed to all indemnity lands located in Walker and Fayette counties for which schools in Franklin County are the sole beneficiary.

(Act 2026-578, §1.)

Chapter 21 Libraries

Article 1 General Provisions

§ 16-21-1 County May Appropriate Funds for School Libraries

The county commission or board of education in any county is hereby authorized to appropriate funds to any public school under the control of the county board of education and to any county high school for the purpose of establishing, maintaining, enlarging or improving public libraries in such schools.

(School Code 1927, §391; Code 1940, T. 52, §376.)

§ 16-21-2 Library Books and Equipment

The State Superintendent of Education, with the advice of the Director of the Department of Archives and History, shall compile and publish a carefully selected and annotated list of books from which the libraries herein provided shall be chosen, and he shall also adopt and publish rules and regulations for the choice of books, their use, preservation and circulation, the erection of bookshelves or bookcases, the equipment of library rooms or buildings and the training of librarians or custodians for the libraries. The selection shall be as nearly as possible representative of the whole field of literature, and maximum prices for purchase shall be indicated.

(School Code 1927, §394; Code 1940, T. 52, §377.)

§ 16-21-3 Circulating Libraries

Any county board of education may in lieu of granting separate libraries for each school establish a system of circulating libraries, said libraries to be purchased under the same conditions and in keeping with the plan set out in the previous sections of this article by the county superintendent of education. Such circulating libraries shall be available for use in the public schools of the county under rules and regulations prescribed by the county board of education with the approval of the State Board of Education.

(School Code 1927, §397; Code 1940, T. 52, §380.)

Article 2 Virtual Library

§ 16-21-30 Short Title

This article shall be known and may be cited as the Alabama Virtual Library Act.

(Act 2009-575, p. 1687, §1.)

§ 16-21-31 Definitions

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

(1) AVL. The Alabama Virtual Library. An educational entity that provides a collection of online electronic resources for research, instruction, and general information.

(2) COUNCIL. The Alabama Virtual Library Executive Council.

(Act 2009-575, p. 1687, §2.)

§ 16-21-32 Purpose

The intent of this article shall be to create the Alabama Virtual Library and the Alabama Virtual Library Executive Council.

(Act 2009-575, p. 1687, §3.)

§ 16-21-33 Alabama Virtual Library Executive Council

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

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

(1) The Chancellor of Postsecondary Education.

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

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

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

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

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

(d) The membership year shall correspond with the fiscal year beginning October 1 and ending September 30 of the subsequent year.

(Act 2009-575, p. 1687, §4.)

§ 16-21-34 Adoption of Rules; Membership of Council

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

(b) The council membership shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of this state.

(Act 2009-575, p. 1687, §5.)

§ 16-21-35 Educational Entity; Funding

The Alabama Virtual Library as currently administered is recognized and established as an educational entity for public school students. The Alabama Virtual Library may receive allocations from the Education Trust Fund Rainy Day Account pursuant to Amendment 709 to the Constitution of Alabama of 1901.

(Act 2004-386, p. 642, §1.)

Chapter 22 Officers and Employees Generally

§ 16-22-1 Police Officers at State Colleges and Universities or Institute for Deaf and Blind - Employment; Powers and Duties; Nonlethal Weaponry; Certification

(a) The president or chief executive officer of any state college or university, the president or chief executive officer of the Alabama Institute for Deaf and Blind, and the presidents or chief executive officers of Talladega College, Concordia College, Samford University, Birmingham-Southern College, Miles College, Stillman College, Tuskegee University, Spring Hill College, Faulkner University, Selma University, Madison Academy, and Briarwood Presbyterian Church and its integrated auxiliary Briarwood Christian School may appoint and employ one or more suitable persons to act as police officers to keep off intruders and prevent trespass upon and damage to the property of the college or university or of the institute. These persons shall be charged with all the duties and invested with all the powers of police officers, including the power of arrest for unlawful acts committed on the property.

(b) Any person appointed to act as a police officer, pursuant to subsection (a), while on duty, shall carry and be trained in the proper use of a nonlethal weapon. For the purposes of this subsection, a nonlethal weapon is a weapon that is explicitly designed and primarily employed to immediately incapacitate the targeted person while minimizing fatalities and permanent injury. A nonlethal weapon is intended to have a reversible effect on the targeted person.

(c) A person appointed as a police officer pursuant to subsection (a) shall be certified through the Alabama Peace Officers’ Standards and Training Commission.

(d) This section is cumulative.

(Acts 1969, No. 1125, p. 2084, §1; Acts 1971, No. 960, p. 1718, §2; Acts 1994, No. 94-587, p. 1083, §1; Acts 1996, No. 96-430, p. 543, §1; Act 2005-296, 1st Sp. Sess., p. 555, §1; Act 2006-607, p. 1671, §1; Act 2013-191, p. 349, §1; Act 2014-156, p. 439, §1; Act 2015-409, p. 1241, §1; Act 2019-416, §1.)

§ 16-22-1.1 Police Officers at State Colleges and Universities or Institute for Deaf and Blind -- Employment of Reserve Police Officers

(a) The president or chief executive officer of any public institution of higher education in the state that employs police officers pursuant to Section 16-22-1, Section 16-22-2, or another law, may employ one or more reserve police officers, with or without compensation, to assist or aid those full-time or part-time police officers. Reserve police officers employed pursuant to this section shall serve at the pleasure of the president or chief executive officer of the employing institution.

(b) Any individual desiring employment as a reserve police officer shall submit a written application to the president or chief executive officer of the institution certifying that he or she is 19 years of age or older, of good moral character and reputation, and that he or she has never been convicted of a felony or of a misdemeanor involving force, violence, or moral turpitude. The applicant shall also consent in writing to a fingerprint and criminal history background check.

(c) The functions of a reserve police officer employed pursuant to this section shall be confined to the following:

(1) Patrol operation performed for the purpose of detection, prevention, and suppression of crime or enforcement of the traffic or highway laws of the state, provided the reserve police officer shall only perform these duties under the direct control and supervision of a police officer employed by the same institution.

(2) Traffic direction and control, without direct supervision, provided supervisory control is exercised by a police officer employed by the same institution whose total span of control would be considered within reasonable limits.

(3) Crowd control assistance at public gatherings or campus functions as directed by the president or chief executive officer of the institution, provided supervisory control is exercised by a police officer employed by the same institution whose span of control would be considered within reasonable limits.

(d) No reserve police officer may exercise any power of arrest unless he or she has completed and maintains current certification from the Alabama Peace Officers’ Standards and Training Commission as set out in Article 3, Chapter 21, Title 36.

(e) No reserve police officer may carry any firearm while on duty, unless the president or chief executive officer of the employing institution has approved his or her use of the firearm. Reserve police officers may use approved firearms only to the extent permitted by properly adopted policies of the institution.

(Act 2023-495, §1.)

§ 16-22-2 Police Officers at State Colleges and Universities or Institute for Deaf and Blind - Extension of Jurisdiction

(a) Any police officer appointed pursuant to the provisions of Section 16-47-10 or 16-22-1, is a peace officer whose authority extends to any place in the state; provided, that the primary duty of any such police or peace officer shall be the enforcement of the law on property owned or leased by the institution of higher education employing said peace officers; provided further, that he shall not otherwise act as a peace officer in enforcing the law except:

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

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

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

(c) Nothing in this section shall grant authority to any persons appointed under the provisions of this section to enter a classroom for the purpose of enforcing traffic or parking citations.

(Acts 1975, No. 924, p. 1836, §§1-3.)

§ 16-22-3 Employment of Teachers, Janitors, Food Handlers or Bus Drivers with Tuberculosis

It shall be unlawful for school authorities to employ teachers, janitors, food handlers or bus drivers who have tuberculosis in an infectious stage. Every board of education shall require a physical examination for tuberculosis, including adequate laboratory tests and X rays, of all such employees of the board at least once in three years. Such examinations, tests and X rays shall be made by the several county health departments; or an employee may be examined at his own expense by any other duly licensed doctor of medicine who is a specialist in the treatment of the disease of tuberculosis of his own choosing. If the result of such examination indicates the presence of tuberculosis in an infectious stage, the employee shall be ineligible for further service until satisfactory proof of recovery is furnished. It shall be unlawful for any school official to employ this section as a means of discharging any teacher or other employee for any reason other than failure to comply with the provisions of this section; and, upon proof thereof, the same shall constitute malfeasance in office and shall be grounds for his removal therefrom.

(Acts 1945, No. 289, p. 479, § 1.)

§ 16-22-4 Surety Bonds

All bonds of officials and employees required under the provisions of this title shall be executed by a surety company authorized to do business in Alabama and, unless otherwise provided, approved by the State Superintendent of Education. The said bonds shall, unless otherwise provided, be filed in the office of the Department of Education in Montgomery, unless otherwise instructed by the State Board of Education. In all cases where bonds are not filed in the office of the Department of Education, certified copies thereof shall be filed in such department.

(School Code 1927, §587; Code 1940, T. 52, §535.)

§ 16-22-4.1 Education Employee Liability Insurance; Self-Insurance

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

(1) CERTIFICATED PERSONNEL. Full-time teachers, principals, and other education employees employed by a local board of education and required to hold a certificate issued by the State Superintendent of Education.

(2) LOCAL BOARD OF EDUCATION. A 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, and the Board of Directors of the Alabama School of Mathematics and Science.

(3) STUDENT TEACHER. A college or university student in an education degree program who, as part of the degree program, is assigned to teach in a local public school classroom, is providing instruction to students, and is being mentored by a teacher.

(4) SUPPORT PERSONNEL or SUPPORT EMPLOYEE. Full-time maids, custodians, adult bus drivers, lunchroom or cafeteria workers, secretaries, clerks, clerical assistants, maintenance workers, or other non-certificated employees.

(b) The Department of Finance, in consultation with the State Department of Education, shall establish a program of self-insurance or purchase or provide a policy or policies of education employee liability insurance from appropriations to the State Department of Education insuring certificated personnel and support personnel who are employed by a local board of education and student teachers. Such policy or policies shall protect against damages for claims arising out of the performance of their duties or in any way connected therewith. The amount of the insurance and the appropriate coverage shall be in the discretion of the Director of Finance. Appropriations by the Legislature to fund the program shall be included in the annual Education Trust Fund Appropriations Act. An insurance carrier providing any portion of the education employee liability coverage under the program shall be selected by a competitive process. Any amount of the appropriation for purchase of liability insurance remaining after liability insurance is provided shall not revert to the Education Trust Fund, but shall be retained to cover the costs of this program and is to be accounted for in future appropriations.

(c) Insurance coverage provided by this section shall automatically cover all full-time and part-time certificated personnel and support personnel who are employed by a local board of education, and student teachers who are assigned to a classroom under the purview of a local board of education, and shall be at no cost to the certificated personnel, support personnel, or student teachers.

(d) The program of insurance established by this section shall be administered by the Department of Finance. The State Department of Education shall be the administrator of this program for the school systems and in furtherance of that duty shall pay the annual cost of the program to the Department of Finance upon receipt of a statement of that cost, and require the school systems to provide such information as the Finance Director may specify to determine the costs of the program and to adjust and defend claims.

(e) The administrators and all personnel of the local school systems shall participate in the program in accordance with the policies, procedures and rules established by the Department of Finance.

(f) The program of insurance shall be effective for insurance coverage of certificated personnel, support personnel, and student teachers not later than July 1, 2013.

(Act 2013-215, p. 500, §§3-8.)

§ 16-22-5 Authority of School Boards to Form Groups for Purpose of Obtaining Group Insurance; Payment of Insurance Premiums

Each local board of education may form its employees into a group or groups or recognize existing groups for the purpose of obtaining the advantages of group life, disability, medical and dental insurance or any group insurance plans to aid its employees, as long as the employees continue to be employed by the board of education. Any local board of education may pay all or part of the premium on the policies and/or may deduct from the salaries of the employees that part of the premium which is to be paid by them and may contract with the insurer to provide the above benefits.

(Acts 1973, No. 655, p. 984, §1.)

§ 16-22-6 Policies as to Salary Deductions; Purposes for Which Deductions May Be Made; Application

(a) Each local board of education and certain postsecondary institutions shall adopt policies or regulations which will provide for deductions from salaries of its employees or groups of employees whenever a request is presented to the board or postsecondary institution by the employees or groups. The deductions shall be made from salaries earned in at least nine different pay periods and shall be remitted to the appropriate company, association, or organization as specified by the employees within 10 days following each deduction. The deductions may be made for, but not limited to, savings plans, tax sheltered annuities, the Public Employees’ Individual Retirement Account Fund, membership dues, voluntary contributions, and group insurance premiums. Deductions for membership dues and voluntary contributions shall be made based upon membership lists and forms provided by the employees’ organization. Such lists are to be corrected, updated, and returned to the employees’ designated organization(s) not later than November 10 of each school year. The 1982-83 membership dues and voluntary contribution authorized, with appropriate yearly adjustments, shall be deducted for each succeeding year unless the employee revokes the deductions in writing on or before September 15 of that year. Voluntary contributions may be revoked by giving a 30-day notice in writing. New authorizations for deduction of dues, voluntary contributions, or employee savings plans, must be submitted to the payroll office and deductions shall begin with the pay period next following the receipt of authorization. Upon termination of employment, amounts owed under the authorization of the employee shall be deducted from employee’s final pay due. With the exception of membership dues and voluntary contributions, the board or postsecondary institution shall not be required to make more than one remittance of amounts deducted during a pay period for a separate type of deduction. Health insurance, life insurance, and tax sheltered annuities shall be interpreted as separate types of deductions. When amounts have been correctly deducted and remitted by the board or postsecondary institution, the board or postsecondary institution shall bear no further responsibility or liability for subsequent transactions. No board or postsecondary institution shall be liable for any error when acting in good faith pursuant to this section.

(b) This section shall not apply to any four-year postsecondary institution.

(Acts 1973, No. 655, p. 984, §2; Acts 1983, 2nd Ex. Sess., No. 83-207, p. 385; Act 2001-960, 3rd Sp. Sess., p. 840, §1.)

§ 16-22-7 Presumption as to Payments and Deductions; Eligibility for Foundation Program Not Affected

Payments and deductions made by the board of education under the authority of Sections 16-22-5 and 16-22-6 are presumed to be for services rendered and for the benefit of the public school; and the payments and deductions do not affect the eligibility of any school system to participate in the Foundation Program as established in Sections 16-13-50 through 16-13-59.

(Acts 1973, No. 655, p. 984, §3.)

§ 16-22-8 Dental Insurance

(a) It is the intent of the Legislature that the annual allotments for hospital medical insurance made to educational personnel may be used to purchase dental insurance.

(b) Local boards of education shall approve the plan and carrier for dental coverage. Employee review and evaluation of available policies shall be considered by the board before final approval of a plan.

(Acts 1982, 1st Ex. Sess., No. 82-673, p. 106, §§1, 2.)

§ 16-22-9 Educational Authority Sick Leave Bank Plans

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

(1) BOARD. The State Board of Education.

(2) CATASTROPHIC ILLNESS. Any illness, injury, or pregnancy or medical condition related to childbirth, certified by a licensed physician, which causes the employee to be absent from work for an extended period of time and which is unrelated to the Public Education Employee Injury Compensation Program or paid parental leave.

(3) CHIEF EXECUTIVE OFFICER. The superintendent of any public K-12 school system; the President of the Alabama Institute for Deaf and Blind; the Superintendent of the Department of Youth Services School District; the Executive Director of the Alabama School of Fine Arts; the Executive Director of the Alabama High School of Mathematics and Science; the Executive Director of the Alabama School of Cyber Technology and Engineering; and the Executive Director of the Alabama School of Healthcare Sciences.

(4) EDUCATIONAL AUTHORITY or AUTHORITY. Each local board of education; the Board of Trustees of the Alabama Institute for Deaf and Blind; the Alabama Youth Services Board in its capacity as the Board of Education for the Department of Youth Services School District; the Board of Directors of the Alabama School of Fine Arts; the Board of Directors of the Alabama High School of Mathematics and Science; the Board of Directors of the Alabama School of Cyber Technology and Engineering; and the Board of Directors of the Alabama School of Healthcare Sciences.

(5) EMPLOYEE. Any individual employed by an educational authority on a full-time or part-time basis.

(6) PARTICIPATING MEMBER. An employee who voluntarily chooses to participate in a sick leave bank.

(7) SICK LEAVE. The same meaning as Section 16-1-18.1.

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

(b)(1) The board shall adopt a model sick leave policy and adopt rules to implement and administer the model policy.

(2) The board’s model policy shall provide for:

a. Employees to deposit an equal number of days, not to exceed five, of their earned sick leave into the bank. The days deposited shall be available to be loaned to any participating member whose sick leave has been exhausted;

b. The use of catastrophic leave, as provided in subsection (f); and

c. Employees to donate their earned sick leave directly to any other employee, as provided in subsection (g).

(3)a. The board shall develop uniform state forms:

1. Necessary for the operation and administration of sick leave banks and sick leave donation;

2. To ensure the orderly transfer and acceptance of catastrophic sick leave days from one sick leave bank to another; and

3. To ensure the orderly direct donation of sick leave days from one employee to another.

b. The forms established under this subdivision may be used by any educational authority.

(c)(1) Each educational authority, upon the request of 10 percent of its full-time certificated and full-time support personnel, shall establish a sick leave bank plan for each of the two groups either jointly or separately. The decision whether to have a joint or separate sick leave bank shall be the exclusive decision of the employees, utilizing a secret balloting process.

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

(d)(1) Notwithstanding any other provision of law to the contrary, each sick leave bank committee shall provide administrative and clerical support to the educational authority related to the operation of the sick leave bank by:

a. Implementing and administering the model sick leave policy created pursuant to subsection (b); and

b. Developing and implementing any additional guidelines or administrative procedures as necessary for compliance with this section, and for the orderly operation of the sick leave bank, including catastrophic leave and direct sick leave donation as provided in this section, subject to the approval of the educational authority.

(2) The guidelines developed by a sick leave bank committee shall be approved by: (i) a secret ballot vote of the participating members of the sick leave bank; and (ii) the educational authority. The accounting of the sick leave bank shall be the responsibility of the authority. Vacancies occurring on a committee shall be filled in the same manner as provided in subdivision (c)(2). No representative on the committee shall serve for a term longer than five years.

(e) Each educational authority may adopt rules and policies to implement and administer this section as to its employees and the educational institutions under its control, provided that no educational authority or sick leave bank committee may adopt any policy or rule that conflicts with the model policy developed under subsection (b), the catastrophic leave provisions of subsection (f), the sick leave direct donation provisions of subsection (g), any other provision of this section, or any of the following general regulations:

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

(2) Appropriate administrative forms for administering the sick leave bank shall comply with the model policy and uniform forms created pursuant to this section and be developed by the sick leave bank committee, subject to the approval of the educational authority.

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

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

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

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

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

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

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

(10)a. No employee may be required to appear before the sick leave bank committee or request approval from the sick leave bank committee in order to donate or receive leave under this section, provided that each employee shall provide the applicable educational authority with a written plan regarding the employee’s intended use of leave that he or she intends to take pursuant to this section.

b. Any discretionary functions relating to the sick leave bank are the responsibility of the educational authority.

(f) Employees, at their discretion, may donate a specific number of days to the sick leave bank to be designated for a specific employee for use against a catastrophic illness. A donating employee shall not be required to donate a minimum number of catastrophic days to the sick leave bank. The recipient employee may use catastrophic sick leave days for himself or herself or for other covered individuals as provided in Section 16-1-18.1. Before sick leave days for a catastrophic illness may be used by a recipient employee, the recipient employee shall have first exhausted all sick and personal leave. Donated days shall become available for use by the particular employee who shall not be required to repay the days. Any employee who donates sick leave days to the sick leave bank for a particular employee suffering from a catastrophic illness shall be clearly informed that the donated days are not to be recovered or returned to the donor. If a particular employee does not require all of the days donated to the credit of the employee, the days shall revert to the credit of those employees who donated the days in accordance with the guidelines adopted by the sick leave bank committee. A sick leave bank may donate sick leave days to another sick leave bank for use by a particular employee who is suffering a catastrophic illness. An employee must be a participating member of the sick leave bank to donate or receive catastrophic sick leave days.

(g)(1) Beginning with the 2027-2028 school year, an employee may directly donate sick leave to any other employee of any educational authority for any reason. An employee donating leave under this subsection may donate to an employee of any other educational authority, even if the donor is employed by a different educational authority than the receiving employee. Sick leave donated under this subsection shall not be deposited into a sick leave bank. The recipient employee is not required to repay the donor for the sick leave. No individual employee may receive more than 30 total sick leave days per academic school year under this subsection.

(2) If an educational authority has not authorized a sick leave bank, the authority shall adopt procedures to implement this subsection as the policy pertains to the direct donation of sick leave.

(h) If an authority fails to comply with this section within 30 calendar days after receiving the petition to establish a sick leave bank, the State Superintendent of Education shall investigate the situation and shall immediately take due and appropriate steps to ensure compliance with this section.

(Acts 1984, No. 84-321, p. 739, §§1-4; Acts 1988, No. 88-261, p. 402, §4; Acts 1993, No. 93-753, p. 1506, §§1, 2; Acts 1995, No. 95-386, p. 786, §1; Act 99-581, p. 1314, §1; Act 2026-523, §1.)

§ 16-22-10 Salary Increases for Certain Public Education Employees; Two-Year Colleges Salary Schedule Upgrade; Miscellaneous Pay Provisions

(a) The State Budget Officer shall allocate to the State Board of Education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services Department District, the Alabama School of Math and Science, and the Alabama School of Fine Arts for disbursement to the employees thereof funds based on the following criteria. It is the intent of the Legislature that this section does not make appropriations.

(1) KINDERGARTEN THROUGH GRADE 12 (K-12). A six and one-half percent salary increase shall be given to each teacher employed in all public school programs for the fiscal year 1993-94 over and above the salary received during the 1992-93 fiscal year. A six and one-half percent salary increase shall be given to each public education support worker employed for the fiscal year 1993-94 over and above the total salary received during the 1992-93 fiscal year regardless of number of positions held, excepting employees covered under the state’s Merit System at the Department of Youth Services.

(2) ALABAMA INSTITUTE FOR DEAF AND BLIND. A six and one-half percent salary increase shall be given to each person employed by the Alabama Institute for Deaf and Blind for the fiscal year 1993-94 over and above the salary received during the 1992-93 fiscal year.

(3) POSTSECONDARY. All salary schedules of the two-year postsecondary institutions shall be revised by the State Board of Education to reflect a salary increase of six and one-half percent. The six and one-half percent salary increase shall be given to each person employed for the fiscal year in addition to any step increase to which the employee is otherwise entitled. The Postsecondary Education Department shall take proper steps to ensure that employees on all salary schedules are given full credit for prior work experience in the public schools and colleges in Alabama, and shall take care to ensure proper placements on said salary schedules. Those employees entitled to credit for prior work experience in the public schools and colleges of Alabama as previously required by Acts 88-691 and 85-796 and 90-325 who have not been granted such credit on the salary schedules shall be provided backpay if such credit has not been provided.

(b) All of the salary increases which are established by the Legislature or authorized by the State Board of Education shall be paid in full to each person employed before the end of the applicable fiscal year as defined in this Code.

(c) Salary increases mandated by the Legislature or authorized by the State Board of Education for county and city boards of education shall be understood to apply to employees with contracts of up to 180 days. Additional pro rata salary increments shall be granted to those employees whose contracts extend beyond 180 days.

(d) The salary increases contained throughout any pay raise act as passed by the Legislature or authorized by the State Board of Education shall be exclusive of all local increments due.

(e) No employee shall be dismissed or have his work hours or salary reduced due to the provisions of any pay raise act mandated by the Legislature or authorized by the State Board of Education.

(f) Each city and county board of education shall establish and maintain a written salary schedule for each class and type of employee.

(g) Any person employed by any city or county board of education, the Alabama Institute for Deaf and Blind, the Youth Services Department School District, the Alabama School of Math and Science, or the Alabama School of Fine Arts who holds an earned doctorate degree from an accredited institution of higher learning shall be entitled to a pay provision of $1,000 per fiscal year for the earned doctorate degree. This provision shall remain in effect from year to year for those employees who from time to time receive earned doctorate degrees from accredited institutions of higher learning.

(Acts 1993, No. 93-646, p. 1115, §§1, 2.)

§ 16-22-11 Cost-of-Living Increase for Certain Public Education Employees; Salary Schedules for Two-Year Postsecondary Institutions; Miscellaneous Pay Provisions

(a) The State Budget Officer shall allocate to the State Board of Education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services Department District, the Alabama School of Fine Arts, and the Alabama School of Mathematics and Science, for disbursement to the employees thereof funds based on the following criteria. It is not the intent of the Legislature to make an appropriation in this section.

(1) KINDERGARTEN THROUGH GRADE 12 (K-12). An eight and one-half percent salary increase shall be given to each teacher employed in all public school programs for the fiscal year 1994-95 over and above the salary received during the 1993-94 fiscal year. An eight and one-half percent salary increase shall be given to each public education support worker employed for the fiscal year 1994-95 over and above the total salary received during the 1993-94 fiscal year, excepting employees covered under the state Merit System at the Department of Youth Services District.

(2) ALABAMA INSTITUTE FOR DEAF AND BLIND. An eight and one-half percent salary increase shall be given to each person employed by the Alabama Institute for Deaf and Blind for the fiscal year 1994-95 over and above the salary received during the 1993-94 fiscal year.

(3) POSTSECONDARY. All salary schedules of the two-year postsecondary institutions shall be revised by the State Board of Education to reflect a salary increase of eight and one-half percent. The eight and one-half percent salary increase shall be given to each person employed for the fiscal year in addition to any step increase to which the employee is otherwise entitled. The Postsecondary Education Department shall take proper steps to ensure that employees on all salary schedules are given full credit for prior work experience in the public schools and colleges in Alabama, and shall take care to ensure proper placements on the salary schedules. Those employees entitled to credit for prior work experience in the public schools and colleges of Alabama as previously required by Acts 85-796, 88-691, 90-325, and 93-646 who have not been granted the credit on the salary schedules shall be provided backpay if the credit has not been provided.

(b) The following provisions are hereby established.

(1) All of the salary increases which are established by the Legislature or authorized by the State Board of Education, shall be paid in full to each person employed before the end of the applicable fiscal year as defined in Section 16-1-1.

(2) Salary increases mandated by the Legislature or authorized by the State Board of Education for county and city boards of education shall be understood to apply to employees with contracts of up to 180 days. Additional pro rata salary increments shall be granted to those employees whose contracts extend beyond 180 days.

(3) The salary increase contained throughout any pay raise act as passed by the Legislature or authorized by the State Board of Education shall be exclusive of all local increments due.

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

(5) Each city and county board of education shall establish and maintain a written salary schedule for each class and type of employee.

(6) Any person employed by any city or county board of education, the Alabama Institute for Deaf and Blind, the Youth Services Department District, the Alabama School of Fine Arts, or the Alabama School of Mathematics and Science who holds an earned doctorate degree from an accredited institution of higher learning shall be entitled to a pay provision of one thousand dollars ($1,000) per fiscal year for the earned doctorate degree. This provision shall remain in effect from year to year for those employees who from time to time receive earned doctorate degrees from accredited institutions of higher learning.

(7) All education support personnel salary schedules in the city and county school systems, the Youth Services Department District, the Alabama Institute for Deaf and Blind, the Alabama School of Fine Arts, and the Alabama School of Mathematics and Science, shall be revised to reflect at least an eight and one-half percent raise for all steps, but in no case shall this revision be less than one thousand dollars ($1,000). At least one thousand dollars ($1,000) shall be given to each full-time person employed and to all adult bus drivers.

(8) Funds contained in the annual education appropriations act for the public schools for cafeteria personnel salaries shall be used only for that purpose. Cafeteria operating funds shall not be used for salary increases thereby supplanting those funds provided by the Legislature’s appropriations for cafeteria employee salaries.

(Acts 1994, No. 94-474, p. 785, §§1, 2; Acts 1995, No. 95-255, p. 427, §1.)

§ 16-22-12 Cost-of-Living Adjustment for Public Education Employees; Miscellaneous Pay Provisions

(a) The State Budget Officer shall allocate to the State Board of Education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services Department District, the Alabama School of Fine Arts, and the Alabama High School of Mathematics and Science, for disbursement to the employees thereof funds based on the following criteria. It is not the intent of the Legislature to make an appropriation in this section.

(1) CERTIFICATED PERSONNEL (K-12). For the fiscal year beginning October 1, 1996, and each year thereafter, each cell on the State Minimum Salary Schedule contained in the annual budget act for the public schools shall be increased by four percent (4%) in addition to the amounts contained in the 1995-96 annual budget act as required and provided by Acts 95-313 and 95-314 and as contained in Section 16-6B-8 and Section 16-13-231 as amended. If the increases in the State Minimum Salary Schedule required in this subsection do not guarantee at least an increase in pay for each teacher in the amount of four percent (4%), then the teacher shall be guaranteed a pay increase in the amount of four percent (4%) for fiscal year 1996-97 and such pay increase shall be reflected in the appropriate local salary schedule and paid to each certificated employee, excepting superintendents of education. Each certificated employee shall be properly placed on the State Minimum Salary Schedule according to degree earned and years of public education service (either in-state or out-of-state). The employee shall be paid according to degree earned and the length of public education experience. The local board of education shall transmit to the State Department of Education the appropriate notice of the earned advanced degree for each employee in a timely fashion; thereafter, the employee shall be paid for the advanced degree as soon as the degree is certified to the State Department of Education as being earned.

(2) EDUCATION SUPPORT PERSONNEL (K-12). A four percent (4%) salary increase shall be paid to each public education support worker and adult bus driver employed for the fiscal year 1996-97 in addition to the salary received during the 1995-96 fiscal year, except employees covered under the state’s Merit System at the Department of Youth Services District. Each board of education shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect a four percent (4%) pay increase which shall be given to the person employed for the 1996-97 fiscal year and each year thereafter. No state-provided fringe benefits for any lunchroom worker shall be paid from lunchroom sales or from any other aspect of the Child Nutrition Program. Salary increases provided herein and state-provided fringe benefits are funded from the annual Education Trust Fund appropriation in the Foundation Program and shall not be taken from the Child Nutrition Program.

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

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

(b) The following provisions are hereby established:

(1) FISCAL YEAR. All salaries and salary increases which are established by the Legislature or authorized by the State Board of Education shall be paid in full to each person employed before the end of the applicable fiscal year as defined in Section 16-1-1 as amended.

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

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

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

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

(6) ADULT BASIC EDUCATION. All adult basic education program employees shall be given the cost-of-living adjustment increase provided for by this section. The local board of education shall transfer to the adult basic education fund sufficient monies to pay the full cost of the salary increase provided in this section.

(Acts 1996, No. 96-758, p. 1340, §§1, 2.)

§ 16-22-13 Cost-of-Living Adjustment for Certain Public Education Employees; Miscellaneous Pay Provisions

(a) The state Budget Officer shall allocate to the State Board of Education, the boards of trustees of the public universities, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services School District, the Board of Directors of the Alabama School of Fine Arts, and the Board of Trustees of the Alabama High School of Mathematics and Science for disbursement to the employees thereof funds based on the criteria established in this section. It is not the intent of this section to make appropriations, but the appropriations required by this section shall be made in the annual budget act for the public schools and colleges.

(1) CERTIFICATED PERSONNEL (K-12). For the fiscal year beginning October 1, 1998, and each year thereafter, each cell on the State Minimum Salary Schedule contained in the annual budget act for the public schools shall be increased by eight and one-half percent (8.5%) in addition to the amounts contained in the State Minimum Salary Schedule for the 1997-98 annual budget act for the public schools as required and provided by Sections 16-6B-8 and 16-13-231. Each certificated employee, including Adult Basic Education and Science in Motion employees, shall be guaranteed a pay increase in the amount of eight and one-half percent (8.5%) and such pay increase shall be reflected in the appropriate local salary schedule and paid to each certificated employee. The provisions and requirements of this section shall be in addition to the provisions of Section 16-13-231.1, relating to the State Minimum Salary Schedule. Each certificated employee shall be properly placed on the state salary matrix according to degree earned and years of public education service (either in-state or out-of-state). The employee shall be paid according to degree earned and length of public education experience. The pay increases shall be given to each person employed for the 1998-99 fiscal year in addition to any step increase to which the employee is otherwise entitled. The local board of education shall transmit to the State Department of Education the appropriate notice of the earned advanced degree for each employee in a timely fashion; thereafter, the employee shall be paid for the advanced degree as soon as the degree is certified to the State Department of Education as being earned. Each teacher who successfully passes or has passed the test offered by the National Board for Professional Teaching Standards (NBPTS) shall be entitled to an additional $1,500 per year and given to the teacher for each year thereafter. Payment for passing the NBPTS test shall be appropriated from the Education Trust Fund and shall be given to the qualified teacher in a lump sum payment during the month of October each year after the teacher passes the test. Those teachers who passed the NBPTS exam in previous years shall also be entitled to the annual $1,500 pay per year beginning October 1, 1998.

(2) EDUCATION SUPPORT PERSONNEL (K-12). An eight and one-half percent (8.5%) salary increase shall be paid to each public education support worker and adult bus driver employed for the 1998-99 fiscal year in addition to the salary received during the 1997-98 fiscal year, except employees covered under the state’s Merit System at the Department of Youth Services District. Each governing board of authority shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect an eight and one-half percent (8.5%) pay increase which shall be given to the person employed for the 1998-99 fiscal year and each year employed thereafter. No state-provided fringe benefits for any lunchroom worker shall be paid from lunchroom sales or from any other aspect of the Child Nutrition Program. Salary increases provided herein and state-provided fringe benefits are funded from the annual budget act for the public schools and shall not be taken from the Child Nutrition Program.

(3) AIDB. An eight and one-half percent (8.5%) salary increase shall be given to each person employed by the Alabama Institute for Deaf and Blind for the 1998-99 fiscal year in addition to the salary received during the 1997-98 fiscal year. The board shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect an eight and one-half percent (8.5%) pay increase which shall be given to each person employed for the 1998-99 fiscal year and each year employed thereafter.

(4) TWO-YEAR POSTSECONDARY INSTITUTIONS. The State Board of Education shall revise all salary schedules of the two-year postsecondary institutions to reflect an increase of eight and one-half percent (8.5%) for 1998-99 fiscal year. The pay increases shall be given to each person employed in addition to any step increase to which the employee is otherwise entitled. The State Board of Education shall add a new step to all salary schedules. The new step shall be “Step 20.” The number of increments between Steps 15 and 20 shall be the same as existed in fiscal year 1997-98 which separated Steps 10 and 15. In addition, employees who have reached the maximum salary on the C-3 salary schedule and who have 20 or more years of service shall be given a 6.5% increase in salary. The Postsecondary Education Department shall take proper steps to ensure that employees on all salary schedules are given full credit for prior work experience in the public schools and colleges, and shall take care to ensure proper placements on the salary schedules. Placement on the revised salary schedules shall be in accordance with the employee’s length of service in public education. No pay increase shall be given to any two-year postsecondary employee in excess of eight and one-half percent (8.5%), except as specifically provided in this section.

(5) PUBLIC UNIVERSITIES. It is the intent of the Legislature that the colleges and universities listed below shall utilize a. the savings realized from the reduction in the Teachers’ Retirement System employer rate and b. the respective increases in the state appropriations, for cost-of-living increases/pay raises for their personnel. This subdivision shall apply to the following colleges and universities: 1. Alabama A and M University; 2. Alabama State University; 3. University of Alabama System; 4. Auburn University System; 5. Jacksonville State University; 6. University of Montevallo; 7. University of North Alabama; 8. University of South Alabama; 9. Troy State University System; and 10. University of West Alabama.

(b) The following provisions are hereby established:

(1) FISCAL YEAR. All salaries and salary increases which are established by the Legislature or authorized by the State Board of Education shall be paid in full to each person employed before the end of the applicable fiscal year as defined in Section 16-1-1.

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

(3) LOCAL INCREMENT. Any cost-of-living adjustment and/or increase on the State Minimum Salary Schedule for teachers as provided in this section shall be exclusive of any local pay increase granted or due to teachers under provisions of the local salary schedule. Any cost-of-living adjustment and/or pay increase required by this section for public school support personnel shall be in addition to any local pay increase granted or due to the employees under provisions of the local salary schedules.

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

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

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

(Act 98-510, p. 1189, §§1, 2 (a)-(e), (2)(g).)

§ 16-22-13.1 Fiscal Year 2000-2001 Adjustments

(a) The state Budget Officer shall allocate to the State Board of Education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services School District, the Board of Directors of the Alabama School of Fine Arts, and the Board of Trustees of the Alabama School of Mathematics and Science for disbursement to the employees thereof funds based on the criteria established in this section. It is not the intent of this section to make appropriations, but the appropriations required by this section shall be made in the annual budget act for the public schools and colleges for the designated fiscal years.

(1) CERTIFICATED PERSONNEL (K-12). For the fiscal year beginning October 1, 2000, and each year thereafter, each step and cell on the State Minimum Salary Schedule contained in the annual budget act for the public schools shall be increased by the amounts below in addition to the amounts contained in the State Minimum Salary Schedule for the 1999-2000 annual budget act for the public schools as required and provided by Sections 16-6B-8 and 16-13-231. For fiscal year 2000-2001, the State Minimum Salary Schedule shall reflect the following percentage increases: StepYears of ExperienceIncrease1Less than 31.0%23 but less than 61.0%36 but less than 94.0%4 9 but less than 124.0%512 but less than 154.5%615 but less than 185.5%718 but less than 215.5%8 21 or greater5.5%All certificated employees, including Adult Basic Education and Science in Motion employees, shall be guaranteed pay increases in the amounts indicated above for their years of experience and degrees earned and the corresponding pay increases shall be reflected in the appropriate local salary schedule and paid to each certificated employee. The provisions and requirements of this section shall be in addition to the provisions of Section 16-13-231.1, relating to the State Minimum Salary Schedule. Each certificated employee shall be properly placed on the local salary schedule according to degree earned and years of public education service, either in-state or out-of-state, which shall be not less than the amounts appropriated for the State Minimum Salary Schedule. The employee shall be paid according to degree earned and length of public education experience. The pay increase shall be given to each person employed for the 2000-2001 fiscal year in addition to any state or local step increase to which the employee is otherwise entitled. The local board of education shall transmit to the State Department of Education the appropriate notice of the earned advanced degree for each employee in a timely fashion; thereafter, the employee shall be paid for the advanced degree as soon as the degree is certified to the State Department of Education as being earned. The annual budget act for public education shall contain an appropriation of at least five thousand dollars ($5,000) for each teacher who successfully completes the certification process offered by the National Board of Professional Teaching Standards (NBPTS). Payment for passing the NBPTS test shall be appropriated from the Education Trust Fund and shall be given to the qualified teacher in a lump sum payment during the month of October each year thereafter.

(2) EDUCATION SUPPORT PERSONNEL (K-12). A four percent salary increase shall be paid to each public education support worker and adult bus driver employed for the 2000-2001 fiscal year in addition to the salary received during the 1999-2000 fiscal year, except employees covered under the state Merit System at the Department of Youth Services School District. Each governing body of authority shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect a four percent pay increase which shall be given to the person employed for the 2000-2001 fiscal year and each year employed thereafter. A separate salary schedule shall be established and maintained for each job. No salary increase or state-provided fringe benefits for any lunchroom worker shall be paid from lunchroom sales or from any other aspect of the Child Nutrition Program. Salary increases provided herein and state-provided fringe benefits are funded from the annual budget act for the public schools and shall not be taken from the Child Nutrition Program.

(3) AIDB. For the fiscal year 2000-2001, employees at the Alabama Institute for Deaf and Blind shall receive pay increases which shall be in excess of their salaries received during the 1999-2000 fiscal year. The increases shall be as follows:

a. Certificated. The salary schedule for certificated employees shall be revised to reflect at least the following amount of raises:

Step Years of ExperienceIncrease1Less than 31.0%23 but less than 61.0%36 but less than 94.0%49 but less than 124.0%512 but less than 154.5%615 but less than 185.5%718 but less than 21 5.5%821 or greater5.5%

b. Support. A four percent salary increase shall be given to each support worker employed.

c. Miscellaneous Requirements. The board shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect the pay increases above which shall be given to each person employed for the 2000-2001 fiscal year and each year employed thereafter. The raises contained in this subsection shall be paid to each employee. A separate salary schedule shall be established and maintained for each job.

(4) TWO-YEAR POSTSECONDARY INSTITUTIONS. The State Board of Education shall revise all salary schedules of the two-year postsecondary institutions to reflect an increase of four percent for the 2000-2001 fiscal year. The pay increases shall be given to each person employed in addition to any step increase to which the employee is otherwise entitled. The Postsecondary Education Department shall take proper steps to ensure that employees on all salary schedules are given full credit for prior work experience in the public schools and colleges, and shall take care to ensure proper placements on the salary schedules. Placement on the revised salary schedules shall be in accordance with the employee’s length of service in public education. No pay increase shall be given to any two-year postsecondary employee in excess of four percent, except as specifically provided in this section. Every employee on salary schedules C-3 shall receive at least a four percent cost-of-living adjustment.

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

(1) FISCAL YEAR. All salaries and salary increases which are established by the Legislature or authorized by the State Board of Education shall be paid in full to each person employed before the end of the applicable fiscal year as defined in Section 16-1-1, as amended.

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

(3) LOCAL INCREMENT. Any cost-of-living adjustment and/or increase on the State Minimum Salary Schedule for teachers as provided in this section shall be exclusive of any local pay increase granted or due to teachers under provisions of the local salary schedule. Any cost-of-living adjustment and/or pay increase required by this section for public school support personnel shall be in addition to any pay increase granted or due to the employees under provisions of the local salary schedules.

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

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

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

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

(Act 2000-734, p. 1600, §1.)

§ 16-22-13.2 Fiscal Year 2002-2003 Adjustments

(a) Pay increases, FY 2002-2003. The State Budget Officer shall allocate to the State Board of Education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services School District, the Board of Directors of the Alabama School of Fine Arts, and the Board of Trustees of the Alabama School of Mathematics and Science for disbursement to the employees thereof funds based on the criteria established in this section. It is not the intent of this section to make appropriations, but the appropriations required by this section shall be made in the annual budget act for the public schools and colleges.

(1) CERTIFICATED PERSONNEL (K-12). For the fiscal year beginning October 1, 2002, and each year thereafter, each certificated employee at all city and county school systems and the teachers at the Department of Youth Services School District shall receive a three percent salary increase. Each step and cell on the State Minimum Salary Schedule contained in the annual budget act for the public schools shall be increased by the amounts below for the fiscal year 2002-2003, the State Minimum Salary Schedule shall reflect the following percentage increases:

StepYears of ExperienceIncrease1Less than 33.0%23 but less than 63.0%36 but less than 93.0%49 but less than 123.0%5 12 but less than 153.0%615 but less than 183.0%718 but less than 213.0%821 or greater 3.0%

All certificated employees, including Adult Basic Education and Science in Motion employees, shall be guaranteed pay increases in the amounts indicated above for their years of experience and degrees earned, and the corresponding pay increases shall be reflected in the appropriate local salary schedule and paid to each certificated employee. The provisions and requirements of this section shall be in addition to the provisions of Section 16-13-231.1, relating to the State Minimum Salary Schedule. Each certificated employee shall be properly placed on the local salary schedule according to degree earned and years of public education service, either in-state or out-of-state, which shall be not less than the amounts appropriated for the State Minimum Salary Schedule. The employee shall be paid according to degree earned and length of public education experience. The pay increase shall be given to each person employed for the 2002-2003 fiscal year in addition to any state or local step increase to which the employee is otherwise entitled. The local board of education shall transmit to the State Department of Education the appropriate notice of the earned advanced degree for each employee in a timely fashion; thereafter, the employee shall be paid for the advanced degree as soon as the degree is certified to the State Department of Education as being earned. The annual budget act for public education shall contain an appropriation of at least five thousand dollars ($5,000) for each teacher who successfully completes the certification process offered by the National Board of Professional Teaching Standards (NBPTS). This provision reflects a continuation of the appropriation provided in Act 98-510 and Act 2000-734. Payment for passing the NBPTS test shall be appropriated from the Education Trust Fund and shall be given to the qualified teacher in a lump sum payment during the month of October each year thereafter. The NBPTS payment shall be subject to the Teachers’ Retirement System’s formula for retirement purposes.

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

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

a. Certificated. The salary schedule for certificated employees shall be revised to reflect at least the following amount of raises: StepYears of ExperienceIncrease1Less than 33.0%23 but less than 63.0%36 but less than 93.0%49 but less than 123.0%512 but less than 153.0%615 but less than 183.0%718 but less than 213.0%821 or greater3.0%b. Support. A three percent salary increase shall be given to each support worker employed.

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

(4) TWO-YEAR POSTSECONDARY INSTITUTIONS. The State Board of Education shall revise all salary schedules of the two-year postsecondary institutions to reflect an increase of three percent for the 2002-2003 fiscal year. The pay increases shall be given to each person employed in addition to any step increase to which the employee is otherwise entitled. The Postsecondary Education Department shall take proper steps to ensure that employees on all salary schedules are given full credit for prior work experience in the public schools and colleges, and shall take care to ensure proper placements on the salary schedules. Placement on the revised salary schedules shall be in accordance with the employee’s length of service in public education. No pay increase shall be given to any two-year postsecondary employee in excess of three percent, except as specifically provided in this section. Every employee on salary schedules C-3 shall receive at least a three percent cost-of-living adjustment.

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

(1) FISCAL YEAR. All salaries and salary increases which are established by the Legislature or authorized by the State Board of Education shall be paid in full to each person employed before the end of the applicable fiscal year as defined in Section 16-1-1, as amended.

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

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

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

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

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

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

(8) ANNIVERSARY DATE OF EMPLOYMENT. The employee shall be placed on the appropriate salary schedule according to length of service and degree earned as contained in this section. The length of employment shall include both in-state and out-of-state years of public education experience. Placement on the salary schedule shall be calculated according to the anniversary date of employment.

(Act 2002-394, p. 991, §1.)

§ 16-22-13.3 Fiscal Year 2005-2006 Adjustments

(a) Pay increases, FY 2005-06. The State Budget Officer shall allocate to the State Board of Education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services School District, the Board of Directors of the Alabama School of Fine Arts, and the Board of Trustees of the Alabama School of Mathematics and Science for disbursement to the employees thereof funds based on the criteria established in this section. It is not the intent of this section to make appropriations, but the appropriations required by this section shall be made in the annual budget act for the public schools and colleges for the designated fiscal years.

(1) CERTIFICATED PERSONNEL (K-12). For the fiscal year beginning October 1, 2005, and each year thereafter, each certificated employee at all city and county school systems and the teachers at the Department of Youth Services School District shall receive a six percent salary increase. Each step and cell on the State Minimum Salary Schedule contained in the annual budget act for the public schools shall be increased by the amounts below for fiscal year 2005-06, the State Minimum Salary Schedule shall reflect the following percentage increases: StepYears of ExperienceIncrease1Less than 36.0%23 but less than 66.0%36 but less than 96.0%49 but less than 126.0%512 but less than 156.0%615 but less than 186.0%718 but less than 216.0%821 or greater6.0%

All certified employees, including Adult Basic Education and Science in Motion employees, shall be guaranteed pay increases in the amounts indicated above for their years of experience and degrees earned and the corresponding pay increases shall be reflected in the appropriate local salary schedule and paid to each certificated employee. The provisions and requirements of this section shall be in addition to the provisions of Section 16-13-231.1, relating to the State Minimum Salary Schedule. Each certificated employee shall be properly placed on the local salary schedule according to degree earned and years of public education service, either in-state or out-of-state, which shall be not less than the amounts appropriated for the State Minimum Salary Schedule. The employee shall be paid according to degree earned and length of public education experience. The pay increase shall be given to each person employed for the 2005-06 fiscal year in addition to any state or local step increase to which the employee is otherwise entitled. The local board of education shall transmit to the State Department of Education the appropriate notice of the earned advanced degree for each employee in a timely fashion; thereafter, the employee shall be paid for the advanced degree as soon as the degree is certified to the State Department of Education as being earned. The annual budget act for public education shall contain an appropriation of at least five thousand dollars ($5,000) for each teacher who has successfully completed the certification process offered by the National Board of Professional Teaching Standards (NBPTS). Payment for passing the NBPTS test shall be appropriated from the Education Trust Fund and shall be given to the qualified teacher. The pay increase provided in this section shall apply only to the portion of an employee’s salary as provided under the State Minimum Salary Schedule and shall not require a pay increase on any local supplement.

(2) EDUCATION SUPPORT PERSONNEL (K-12). A six percent salary increase shall be paid to each public education support worker and adult bus driver, including Adult Basic Education and Science in Motion personnel, employed for the 2005-06 fiscal year in addition to the salary received during the 2004-05 fiscal year, except employees covered under the state Merit System at the Department of Youth Services School District. Each governing body of authority shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect a six percent pay increase which shall be given to the person employed for the 2005-06 fiscal year and each year employed thereafter. A separate local salary schedule shall be established and maintained for each job.

(3) AIDB. For the fiscal year 2005-06, employees at the Alabama Institute for Deaf and Blind shall receive pay increases which shall be in excess of their salaries received during the 2004-05 fiscal year. The increases shall be as follows:

a. Certificated. The salary schedule for certificated employees shall be revised to reflect at least the following amount of raises: StepYears of ExperienceIncrease1Less than 36.0%23 but less than 66.0%36 but less than 96.0%49 but less than 126.0%512 but less than 156.0%615 but less than 186.0%718 but less than 216.0%821 or greater6.0%

b. Support. A six percent salary increase shall be given to each support worker employed by the Alabama Institute for Deaf and Blind. A separate salary schedule shall be established and maintained for each job.

c. Miscellaneous requirements. The AIDB board shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule for fiscal year 2005-06 shall be increased to reflect the pay increases above to be given to each person employed for the 2005-06 fiscal year and each year employed thereafter. The raises contained in this subsection shall be paid to each employee.

(4) TWO-YEAR POSTSECONDARY INSTITUTIONS. The State Board of Education shall revise all salary schedules of the two-year postsecondary institutions to reflect an increase of six percent for the 2005-06 fiscal year. The pay increase shall be given to each person employed in addition to any step increase to which the employee is otherwise entitled. The Postsecondary Education Department shall take proper steps to ensure that employees on all salary schedules, including the C-3 schedules, are given full credit for prior work experience in the public schools and colleges, and shall take care to ensure proper placements on the salary schedules. Placement on the revised salary schedules shall be in accordance with the employee’s length of service in public education. No pay increase shall be given to any two-year postsecondary employee in excess of six percent, except as specifically provided in this section. In addition, the State Board of Education shall add Step 25 to all salary schedules if the conditional appropriation contained in the education appropriation act for fiscal year 2006 is released or any other funds become available to fund Step 25.

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

(1) FISCAL YEAR. All salaries and salary increases which are established by the Legislature or authorized by the State Board of Education shall be paid in full to each person employed before the end of the applicable fiscal year as defined in Section 16-1-1, as amended.

(2) EXTENDED WORK. Public K-12 school employees on contracts which extend beyond 182 days shall be given a pro rata salary increment for each day or partial day of work extending beyond 182 days.

(3) LOCAL INCREMENT. Any cost-of-living adjustment and/or increase on the State Minimum Salary Schedule for teachers as provided in this section shall be exclusive of any local pay increase granted or due to teachers under provisions of any local salary schedule. Any cost-of-living adjustment and/or pay increase required by this section for public school support personnel shall be in addition to any pay increase due or granted to the employees under provisions of any local salary schedules. The pay raise provisions of this section shall not apply to any salary supplements granted by local boards of education, bonuses earned for certification by the NBPTS, or the federal portion of the salary paid to a Junior Reserve Officer Training Corps (JROTC) instructor employed by a local school board.

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

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

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

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

(Act 2005-174, p. 351, §1.)

§ 16-22-13.4 Fiscal Year 2006-2007 Adjustments

(a) PAY INCREASES, FY 2006-07. The State Budget Officer shall allocate to the State Board of Education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services School District, the Board of Directors of the Alabama School of Fine Arts, and the Board of Trustees of the Alabama School of Mathematics and Science for disbursement to the employees thereof funds based on the criteria established in this section. It is not the intent of this section to make appropriations, but the appropriations required by this section shall be made in the annual budget act for the public schools and colleges for the designated fiscal years.

(1) Certificated personnel (K-12). For the fiscal year beginning October 1, 2006, and each year thereafter, each certificated employee at all city and county school systems and the teachers at the Department of Youth Services School District shall receive a five percent salary increase. Each step and cell on the State Minimum Salary Schedule contained in the annual budget act for the public schools shall be increased by the amounts below for fiscal year 2006-07, the State Minimum Salary Schedule shall reflect the following percentage increases: StepYears of ExperienceIncrease1Less than 35.0%23 but less than 65.0%36 but less than 95.0%49 but less than 125.0%512 but less than 155.0%615 but less than 185.0%718 but less than 215.0%821 or greater5.0%

The State Board of Education shall add two steps to the State Minimum Salary Schedule as provided for in the Foundation Program so that the matrix provides for a step increase for certificated employees with 24 years experience but less than 27 years and a step increase for certificated employees with 27 years or more experience. The State Board of Education shall adjust the existing Step 8 to accommodate the above provisions.

All certificated employees, including Adult Basic Education and Science in Motion employees, shall be guaranteed pay increases in the amounts indicated above for their years of experience and degrees earned and the corresponding pay increases shall be reflected in the appropriate local salary schedule and paid to each certificated employee. The provisions and requirements of this section shall be in addition to the provisions of Section 16-13-231.1, relating to the State Minimum Salary Schedule. Each certificated employee shall be properly placed on the local salary schedule according to degree earned and years of public education service. either in-state or out-of-state, which shall be not less than the amounts appropriated for the State Minimum Salary Schedule. The employee shall be paid according to degree earned and length of public education experience. The pay increase shall be given to each person employed for the 2006-07 fiscal year in addition to any state or local step increase to which the employee is otherwise entitled. The local board of education shall transmit to the State Department of Education the appropriate notice of the earned advanced degree for each employee in a timely fashion; thereafter, the employee shall be paid for the advanced degree as soon as the degree is certified to the State Department of Education as being earned. The annual budget act for public education shall contain an appropriation of at least five thousand dollars ($5,000) for each teacher who has successfully completed the certification process offered by the National Board of Professional Teaching Standards (NBPTS). Payment for passing the NBPTS test shall be appropriated from the Education Trust Fund and shall be given to the qualified teacher. The pay increase provided in this section shall apply only to the portion of an employee’s salary as provided under the State Minimum Salary Schedule and shall not require a pay increase on any local supplement.

(2) Education support personnel (K-12). A five percent salary increase or a minimum of one thousand dollars ($1,000), whichever amount is greater, shall be paid to each full-time public education support worker and adult bus driver, including Adult Basic Education and Science in Motion personnel, employed for the 2006-07 fiscal year in addition to the salary received during the 2005-06 fiscal year, except employees covered under the state’s Merit System at the Department of Youth Services School District. Each governing body of authority shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect a five percent pay increase or a minimum of one thousand dollars ($1,000), whichever amount is greater, which shall be given to the person employed full-time for the 2006-07 fiscal year and each year employed full-time thereafter. The base rate of pay for part-time support employees shall be increased by five percent. A separate local salary schedule shall be established and maintained for each job. All state-mandated and state-funded salary increases and fringe benefits for Child Nutrition Program workers shall be fully funded from the Foundation Program appropriation in the Education Trust Fund appropriation act, and shall therefore be subsequently fully funded by all local boards of education from funds provided in other current expense and not from funds generated by the Child Nutrition Program unless the local school system’s Child Nutrition Program has in excess of a three-month operating reserve. Before any funds may be utilized by the local board of education to pay for salary or fringe benefits, the State Department of Education Child Nutrition Program Administrator shall conduct an analysis of each local board of education’s Child Nutrition Program, and certify that the program meets the three-month balance as of the end of the previous fiscal year and shall therefore insure that the use of the funds in excess of a three-month balance will not be detrimental to the local Child Nutrition Program. The State Department of Education Child Nutrition Program Administrator shall certify to the State Superintendent of Education that funds utilized in excess of a three-month balance as of the end of the previous fiscal year are in excess of any funds contained in an approved corrective plan submitted by the local school system’s Child Nutrition Program for expenditures at each applicable school site for facilities, equipment, personnel, and/or salary schedule adjustments. It is the intent that no employee shall suffer a reduction of hours, benefits, compensation, or termination of employment as a result of this section.

(3) AIDB. For the fiscal year 2006-07, employees at the Alabama Institute for Deaf and Blind shall receive pay increases which shall be in excess of their salaries received during the 2005-06 fiscal year. The increases shall be as follows:

a. Certificated. The salary schedule for certificated employees shall be revised to reflect at least the following amount of raises: StepYears of ExperienceIncrease1Less than 35.0%23 but less than 65.0%36 but less than 95.0%49 but less than 125.0%512 but less than 155.0%615 but less than 185.0%718 but less than 215.0%821 or greater5.0%

The board of the Alabama Institute for Deaf and Blind shall add two steps to the salary schedule for certificated employees so that the matrix provides for a step increase for certificated employees with 24 years experience but less than 27 years and a step increase for certificated employees with 27 years or more experience. The board of the Alabama Institute for Deaf and Blind shall adjust the existing Step 8 to accommodate the above provisions.

b. Support. A five percent salary increase or a minimum of one thousand dollars ($1,000), whichever amount is greater, shall be given to each full-time support worker employed by the Alabama Institute for Deaf and Blind. A separate local salary schedule shall be established and maintained for each job. The pay increase provided in this section shall be incorporated into the support employees’ salary schedule. The base rate of pay for part-time support employees shall be increased by five percent.

c. Miscellaneous requirements. The Alabama Institute for Deaf and Blind board shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule for fiscal year 2006-07 shall be increased to reflect the pay increases above to be given to each person employed for the 2006-07 fiscal year and each year employed thereafter. The raises contained in this subsection shall be paid to each employee.

(4) Two-year postsecondary institutions. The State Board of Education shall revise all salary schedules of the two-year postsecondary institutions to reflect an increase of five percent for the 2006-07 fiscal year. The pay increase shall be given to each person employed in addition to any step increase to which the employee is otherwise entitled. The Postsecondary Education Department shall take proper steps to ensure that employees on all salary schedules, including the C-3 schedules, are given full credit for prior work experience in the public schools and colleges, and shall take care to ensure proper placements on the salary schedules. Placement on the revised salary schedules shall be in accordance with the employee’s length of service in public education. No pay increase shall be given to any two-year postsecondary employee in excess of five percent, except as specifically provided in this section.

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

(1) Fiscal year. All salaries and salary increases which are established by the Legislature or authorized by the State Board of Education shall be paid in full to each person employed before the end of the applicable fiscal year as defined in Section 16-1-1, as amended.

(2) Extended work. Public K-12 school employees on contracts which extend beyond 187 days shall be given a pro rata salary increment for each day or partial day of work extending beyond 187 days.

(3) Local increment. Any cost-of-living adjustment and/or increase on the State Minimum Salary Schedule for teachers as provided in this section shall be exclusive of any local pay increase granted or due to teachers under provisions of any local salary schedule. Any cost-of-living adjustment and/or pay increase required by this section for public school support personnel shall be in addition to any pay increase due or granted to the employees under provisions of any local salary schedules. The pay raise provisions of this section shall not apply to any salary supplements granted by local boards of education, bonuses earned for certification by the National Board for Professional Teaching Standards, or the federal portion of the salary paid to a Junior Reserve Officer Training Corps (JROTC) instructor employed by a local school board.

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

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

(6) Local chief executive officers. The pay raise provisions of this section shall not apply to superintendents of education of any school system or institution. Any pay increase given to the superintendent shall be by recorded vote of the governing body of authority.

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

(Act 2006-310, p. 653, §1.)

§ 16-22-13.5 Fiscal Year 2007 - 2008 Adjustments

(a) Pay increases, FY 2007-08. The State Budget Officer shall allocate to the State Board of Education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services School District, the Board of Directors of the Alabama School of Fine Arts, and the Board of Trustees of the Alabama School of Mathematics and Science and for disbursement to the employees thereof funds based on the criteria established in this section. It is not the intent of this section to make appropriations, but the appropriations required by this section shall be made in the annual budget act for the public schools and colleges for the designated fiscal years.

(1) CERTIFICATED PERSONNEL (K-12). For the fiscal year beginning October 1, 2007, and each year thereafter, each certificated employee at all city and county school systems and the teachers at the Department of Youth Services School District shall receive a seven percent salary increase. Each step and cell on the State Minimum Salary Schedule contained in the annual budget act for the public schools shall be increased by the amounts below for fiscal year 2007-08, the State Minimum Salary Schedule shall reflect the following percentage increases:

StepYears of ExperienceIncrease1Less than 37.0%23 but less than 67.0%36 but less than 97.0%49 but less than 127.0%512 but less than 157.0%615 but less than 187.0%718 but less than 217.0%821 or greater7.0%924 but less than 277.0%1027 or more7.0%

All certificated employees, including the Adult Basic Education and Science in Motion employees, shall be guaranteed pay increases in the amounts indicated above for their years of experience and degrees earned and the corresponding pay increases shall be reflected in the appropriate local salary schedule and paid to each certificated employee. The provisions and requirements of this section shall be in addition to the provisions of Section 16-13-231.1, relating to the State Minimum Salary Schedule. Each certificated employee shall be properly placed on the local salary schedule according to degree earned and years of public education service, either in-state or out-of-state, which shall be not less than the amounts appropriated for the State Minimum Salary Schedule. The employee shall be paid according to degree earned and length of public education experience. The pay increase shall be given to each person employed for the 2007-08 fiscal year in addition to any state or local step increase to which the employee is otherwise entitled. The local board of education shall transmit to the State Department of Education the appropriate notice of the earned advanced degree for each employee in a timely fashion; thereafter, the employee shall be paid for the advanced degree as soon as the degree is certified to the State Department of Education as being earned. The annual budget act for public education shall contain an appropriation of at least five thousand dollars ($5,000) for each teacher who has successfully completed the certification process offered by the National Board of Professional Teaching Standards (NBPTS). Payment for passing the NBPTS test shall be appropriated from the Education Trust Fund and shall be given to the qualified teacher.

(2) EDUCATION SUPPORT PERSONNEL (K-12). A seven percent salary increase or one thousand dollars ($1,000), whichever amount is greater, shall be paid to each public education support worker and adult bus driver, including Adult Basic Education and Science in Motion personnel, employed for the 2007-08 fiscal year in addition to the salary received during the 2007-08 fiscal year, except employees covered under the state’s Merit System at the Department of Youth Services School District. Each governing body or authority shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect a seven percent pay increase or a minimum of one thousand dollars ($1,000), whichever amount is greater, which shall be given to the person employed full-time for the 2007-08 fiscal year and each year employed full-time thereafter. The base rate of pay for part-time support employees shall be increased by seven percent. A separate local salary schedule shall be established and maintained for each specific job performed. Child Nutrition Program workers shall be fully funded from the Foundation Program appropriation in the Education Trust Fund appropriation act, and shall therefore be subsequently fully funded by all local boards of education from funds provided in other current expense and not from funds generated by the Child Nutrition Program unless the local school system’s Child Nutrition Program has in excess of a three-month operating reserve. Before any funds may be utilized by the local board of education to pay for salary or fringe benefits, the State Department of Education Child Nutrition Program Administrator shall conduct an analysis of each local board of education’s Child Nutrition Program, and certify that the program meets the three-month balance as of the end of the previous fiscal year and shall therefore insure that the use of the funds in excess of a three-month balance will not be detrimental to the local Child Nutrition Program. The State Department of Education Child Nutrition Program Administrator shall certify to the State Superintendent of Education that funds utilized in excess of a three-month balance as of the end of the previous fiscal year are in excess of any funds contained in an approved corrective plan submitted by the local school system’s Child Nutrition Program for expenditures at each applicable school site for facilities, equipment, personnel, and/or salary schedule adjustments.

(3) AIDB. For the fiscal year 2007-08, employees at the Alabama Institute for Deaf and Blind shall receive pay increases which shall be in excess of their salaries received during the 2006-07 fiscal year. The increases shall be as follows:

a. Certificated. The salary schedule for certificated employees shall be revised to reflect at least the following amount of raises:

StepYears of ExperienceIncrease1Less than 37.0%23 but less than 67.0%36 but less than 97.0%49 but less than 127.0%512 but less than 157.0%615 but less than 187.0%718 but less than 217.0%821 or greater7.0%924 but less than 277.0%1027 or more7.0%

b. Support. A seven percent salary increase or one thousand dollars ($1,000), whichever amount is greater, shall be given to each support worker employed full-time by the Alabama Institute for Deaf and Blind. A separate local salary schedule shall be established and maintained for each specific job performed. The pay increase in this section shall be incorporated into the support employees’ salary schedules. The base rate of pay for part-time support employees shall be increased by seven percent.

c. Miscellaneous Requirements. The Alabama Institute for Deaf and Blind board shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule for fiscal year 2007-08 shall be increased to reflect the pay increases above to be given to each person employed for the 2007-08 fiscal year and each employed thereafter. The raises contained in this subsection shall be paid to each employee.

(4) TWO-YEAR POSTSECONDARY INSTITUTION. The State Board of Education shall revise all salary schedules of the two-year postsecondary institutions to reflect an increase of seven percent for the 2007-08 fiscal year. The pay increase shall be given to each person employed in addition to any step increase to which the employee is otherwise entitled. The Postsecondary Education Department shall take proper steps to ensure that employees on all salary schedules, including the C-3 schedules, are given full credit for prior work experience in the public schools and colleges, and shall take care to ensure proper placements on the salary schedules. Placement on the revised salary schedules shall be in accordance with the employee’s length of service in public education. No pay increase shall be given to any two-year postsecondary employee in excess of seven percent, except as specifically provided in this section.

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

(1) FISCAL YEAR. All salaries and salary increases which are established by the State Board of Education shall be paid in full to each person employed before the end of the applicable fiscal year as defined in Section 16-1-1.

(2) EXTENDED WORK. Public K-12 school employees on contracts which extend beyond 187 days shall be given a pro rata salary increment for each or partial day of work extending beyond 187 days.

(3) LOCAL INCREMENT. Any cost-of-living adjustment and/or increase on the State Minimum Salary Schedule for teachers as provided in this section shall be exclusive of any local pay increase granted or due to teachers under provisions of any local salary schedule. Any cost-of-living adjustment and/or pay increase required by this section for public school support personnel shall be in addition to any pay increase due or granted to the employee under provisions of any local salary schedules. The pay raise provisions of this section shall not apply to any salary supplements granted by local boards of education, bonuses earned for certification by the National Board of Professional Teaching Standards, or the federal portion of the salary paid to a Junior Reserve Officer Training Corps (JROTC) instructor employed by a local school board.

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

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

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

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

(Act 2007-296, p. 527, §1.)

§ 16-22-13.6 Fiscal Year 2013-2014 Adjustments

(a) PAY INCREASES, FY 2013-2014. The State Budget Officer shall allocate to the State Board of Education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services School District, the Board of Directors of the Alabama School of Fine Arts, and the Board of Trustees of the Alabama School of Mathematics and Science and for disbursement to the employees thereof funds based on the criteria established in this section. It is not the intent of this section to make appropriations, but the appropriations required by this section shall be made in the annual budget act for the public K-12 schools for the designated fiscal year.

(1) Certificated Personnel (K-12). For the fiscal year beginning October 1, 2013, and each year thereafter, each certificated employee at all city and county school systems and the teachers at the Department of Youth Services School District shall receive a two percent pay increase. Each step and cell on the State Minimum Salary Schedule contained in the annual budget act for the public schools shall be increased by the amounts below for fiscal year 2013-2014, the State Minimum Salary Schedule shall reflect the following percentage increase:

StepYears of ExperienceIncrease1Less than 32.0%23 but less than 62.0%36 but less than 92.0%49 but less than 122.0% 512 but less than 152.0%615 but less than 182.0%718 but less than 212.0%821 or greater2.0%924 but less than 272.0%1027 or more2.0%

All certificated employees, including the Adult Basic Education and Science in Motion employees, shall be guaranteed pay increases in the amounts indicated above for their years of experience and degrees earned and the corresponding pay increases shall be reflected in the appropriate local salary schedule and paid to each certificated employee. The provisions and requirements of this section shall be in addition to the provisions of Section 16-13-231.1, relating to the State Minimum Salary Schedule. Each certificated employee shall be properly placed on the local salary schedule according to degree earned and years of public education service (either in-state or out-of-state), which shall be not less than the amounts appropriated for the State Minimum Salary Schedule. The employee shall be paid according to degree earned and length of public education experience. The pay increase shall be given to each person employed for the 2013-2014 fiscal year in addition to any state or local step increase to which the employee is otherwise entitled. The local board of education shall transmit to the State Department of Education the appropriate notice of the earned advanced degree for each employee in a timely fashion; thereafter, the employee shall be paid for the advanced degree as soon as the degree is certified to the State Department of Education as being earned.

(2) Education Support Personnel (K-12). A two percent pay increase, beginning with the fiscal year 2013-2014, shall be paid to each public education support worker and adult bus driver, including Adult Basic Education and Science in Motion personnel, employed for the 2013-2014 fiscal year in addition to the salary received during the 2012-2013 fiscal year, except employees covered under the state’s Merit System at the Department of Youth Services District. Each governing body or authority shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect a two percent pay increase beginning with fiscal year 2013-2014, which shall be given to the person employed full-time for the 2013-2014 fiscal year and each year employed full-time thereafter. The base rate of pay for part-time support employees shall be increased by two percent beginning with fiscal year 2013-2014. A separate local salary schedule shall be established and maintained for each specific job performed.

(3) AIDB. For the fiscal year 2013-2014, employees at the Alabama Institute for Deaf and Blind shall receive a pay increase which shall be in excess of their salaries received during the 2012-2013 fiscal year. The increase shall be as follows:

a. Certificated. The salary schedule for certificated employees shall be revised to reflect at least the following percentage increase beginning with the fiscal year 2013-2014:

StepYears of ExperienceIncrease1Less than 32.0%23 but less than 62.0%36 but less than 92.0%49 but less than 122.0%512 but less than 152.0%615 but less than 182.0%718 but less than 212.0%821 or greater2.0%924 but less than 272.0%1027 or more2.0%

b. Education Support Personnel (K-12). A two percent pay increase, beginning with the 2013-2014 fiscal year, shall be given to each support worker employed full-time by the Alabama Institute for Deaf and Blind. A separate local salary schedule shall be established and maintained for each specific job performed. The pay increase in this section shall be incorporated into the support employees’ salary schedules. The base rate of pay for part-time support employees shall be increased by two percent for the 2013-2014 fiscal year.

c. Miscellaneous Requirements. The AIDB board shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule for fiscal year 2013-2014 shall be increased to reflect the pay increase above to be given to each person employed for the 2013-2014 fiscal year and each year employed thereafter. The pay increase contained in this subsection shall be paid to each employee.

(4) MISCELLANEOUS PROVISIONS. The following provisions are hereby established:

a. Fiscal Year. All salaries and salary increases which are established by the State Board of Education shall be paid in full to each person employed before the end of the applicable fiscal year as defined in Section 16-1-1.

b. Extended Work. Public K-12 school employees on contracts which extend beyond 187 days, or the hourly equivalent thereof, shall be given a pro rata salary increment for each or partial day of work extending beyond 187 days.

c. Local Increment. Any cost-of-living adjustment and/or increase on the State Minimum Salary Schedule for teachers as provided in this section shall be exclusive of any local pay increase granted or due to teachers under provisions of any local salary schedule. Any cost-of-living adjustment and/or pay increase required by this section for public school support personnel shall be in addition to any pay increase due or granted to the employee under provisions of any local salary schedules. The pay increase provisions of this section shall not apply to any salary supplements granted by local boards of education, bonuses earned for certification by the National Board of Professional Teaching Standards, or the federal portion of the salary paid to a Junior Reserve Officer Training Corps (JROTC) instructor employed by a local school board.

d. Community Education. Each county and city board of education shall have the option to exclude from the provisions of this section any part-time employees of community education or school-sponsored child care or child enrichment program which is supplemental to the state-required educational program.

e. Local Chief Executive Officers. The pay increase provisions of this section shall not apply to superintendents of education of any school system or institution. Any pay increase given to the superintendent shall be by majority recorded vote of the governing body or authority.

(b) The pay increase granted in this section shall begin in fiscal year 2013-2014 and continue in subsequent years. Nothing in this section shall authorize additional pay increases in subsequent years.

(Act 2013-215, p. 500, §§1, 2.)

§ 16-22-13.7 Fiscal Year 2016-2017 Adjustments

(a) PAY INCREASES, FY 2016-2017. The State Budget Officer shall allocate to the State Board of Education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services School District, the Board of Directors of the Alabama School of Fine Arts, and the Board of Trustees of the Alabama School of Mathematics and Science and for disbursement to the employees thereof funds based on the criteria established in this section. It is not the intent of this section to make appropriations, but the appropriations required by this section shall be made in the annual Education Trust Fund budget act for the designated fiscal year.

(1) CERTIFICATED PERSONNEL EARNING LESS THAN $75,000 (K-12). For the fiscal year beginning October 1, 2016, and each year thereafter, each certificated employee at all city and county school systems and the teachers at the Department of Youth Services School District earning less than $75,000 annually shall receive a four percent salary increase. Notwithstanding the foregoing, principals and assistant principals earning $75,000 or more shall also receive the four percent salary increase in the same manner as provided for in this section. Each step and cell on the State Minimum Salary Schedule below $75,000 contained in the annual budget act for the public schools shall be increased by the amounts below for fiscal year 2016-2017. The State Minimum Salary Schedule shall reflect the following percentage increase:

StepYears of ExperienceIncrease1Less than 34.0%23 but less than 64.0%36 but less than 94.0%49 but less than 124.0% 512 but less than 154.0%615 but less than 184.0%718 but less than 214.0%821 or greater4.0%924 but less than 274.0%1027 or more4.0%

All certificated employees, including the Adult Basic Education and Science in Motion employees, shall be guaranteed pay increases in the amounts indicated above for their years of experience and degrees earned and the corresponding pay increases shall be reflected in the appropriate local salary schedule and paid to each certificated employee earning less than $75,000 annually. The provisions and requirements of this section shall be in addition to the provisions of Section 16-13-231.1, relating to the State Minimum Salary Schedule. Each certificated employee shall be properly placed on the local salary schedule according to degree earned and years of public education service (either in-state or out-of-state), which shall be not less than the amounts appropriated for the State Minimum Salary Schedule. The employee shall be paid according to degree earned and length of public education experience. The pay increase shall be given to each person employed for the 2016-2017 fiscal year in addition to any state or local step increase to which the employee is otherwise entitled. The local board of education shall transmit to the State Department of Education the appropriate notice of the earned advanced degree for each employee in a timely fashion; thereafter, the employee shall be paid for the advanced degree as soon as the degree is certified to the State Department of Education as being earned.

(2) CERTIFICATED PERSONNEL EARNING $75,000 OR MORE (K-12). For the fiscal year beginning October 1, 2016, and each year thereafter, each certificated employee at all city and county school systems and the teachers at the Department of Youth Services School District earning $75,000 or more shall receive a two percent salary increase. Notwithstanding the foregoing, principals and assistant principals earning $75,000 or more shall receive the four percent salary increase pursuant to and in the manner provided by subdivision (1) of this section. Each step and cell on the State Minimum Salary Schedule starting at $75,000 contained in the annual budget act for the public schools shall be increased by the amounts below for fiscal year 2016-2017, the State Minimum Salary Schedule shall reflect the following percentage increase:

StepYears of ExperienceIncrease1Less than 32.0%23 but less than 62.0%36 but less than 92.0%49 but less than 122.0% 512 but less than 152.0%615 but less than 182.0%718 but less than 212.0%821 or greater2.0%924 but less than 272.0%1027 or more2.0%

All certificated employees, including the Adult Basic Education and Science in Motion employees, shall be guaranteed pay increases in the amounts indicated above for their years of experience and degrees earned and the corresponding pay increases shall be reflected in the appropriate local salary schedule and paid to each certificated employee earning $75,000 or more annually. The provisions and requirements of this section shall be in addition to the provisions of Section 16-13-231.1, relating to the State Minimum Salary Schedule. Each certificated employee shall be properly placed on the local salary schedule according to degree earned and years of public education service (either in-state or out-of-state), which shall be not less than the amounts appropriated for the State Minimum Salary Schedule. The employee shall be paid according to degree earned and length of public education experience. The pay increase shall be given to each person employed for the 2016-2017 fiscal year in addition to any state or local step increase to which the employee is otherwise entitled. The local board of education shall transmit to the State Department of Education the appropriate notice of the earned advanced degree for each employee in a timely fashion; thereafter, the employee shall be paid for the advanced degree as soon as the degree is certified to the State Department of Education as being earned.

(3) EDUCATION SUPPORT PERSONNEL EARNING LESS THAN $75,000 (K-12). A four percent pay increase, beginning with the fiscal year 2016-2017, shall be paid to each public education support worker and adult bus driver, including Adult Basic Education and Science in Motion personnel, employed for the 2016-2017 fiscal year in addition to the salary received during the 2015-2016 fiscal year, except employees covered under the state’s Merit System at the Department of Youth Services District. Each governing body or authority shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect a four percent pay increase beginning with fiscal year 2016-2017, which shall be given to the person employed full-time for the 2016-2017 fiscal year and each year employed full-time thereafter. The base rate of pay for part-time support employees shall be increased by four percent beginning with fiscal year 2016-2017. A separate local salary schedule shall be established and maintained for each specific job performed.

(4) EDUCATION SUPPORT PERSONNEL EARNING $75,000 OR MORE (K-12). A two percent pay increase, beginning with the fiscal year 2016-2017, shall be paid to each public education support worker and adult bus driver, including Adult Basic Education and Science in Motion personnel, employed for the 2016-2017 fiscal year in addition to the salary received during the 2015-2016 fiscal year, except employees covered under the state’s Merit System at the Department of Youth Services District. Each governing body or authority shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect a two percent pay increase beginning with fiscal year 2016-2017, which shall be given to the person employed full-time for the 2016-2017 fiscal year and each year employed full-time thereafter. The base rate of pay for part-time support employees shall be increased by two percent beginning with fiscal year 2016-2017. A separate local salary schedule shall be established and maintained for each specific job performed.

(5) AIDB. For the fiscal year 2016-2017, employees at the Alabama Institute for Deaf and Blind shall receive a pay increase which shall be in excess of their salaries received during the 2015-2016 fiscal year. The increase shall be as follows:

a. Certificated Employees Earning Less than $75,000. The salary schedule for certificated employees earning less than $75,000 shall be revised to reflect at least the following percentage increase beginning with the fiscal year 2016-2017:

StepYears of ExperienceIncrease1Less than 34.0%23 but less than 64.0%36 but less than 94.0%49 but less than 124.0%512 but less than 154.0%615 but less than 184.0%718 but less than 214.0%821 or greater4.0%924 but less than 274.0%1027 or more4.0%

b. Certificated Employes Earning $75,000 or More. The salary schedule for certified employees earning more than $75,000 shall be revised to reflect at least the following percentage increase beginning with the fiscal year 2016-2017:

StepYears of ExperienceIncrease1Less than 32.0%23 but less than 62.0%36 but less than 92.0%49 but less than 122.0%512 but less than 152.0%615 but less than 182.0%718 but less than 212.0%821 or greater2.0%924 but less than 272.0%1027 or more2.0%

c. Education Support Personnel Earning Less than $75,000 (K-12). A four percent pay increase, beginning with the 2016-2017 fiscal year, shall be given to each support worker employed full-time by the Alabama Institute for Deaf and Blind. A separate local salary schedule shall be established and maintained for each specific job performed. The pay increase in this section shall be incorporated into the support employees’ salary schedules. The base rate of pay for part-time support employees shall be increased by four percent for the 2016-2017 fiscal year.

d. Education Support Personnel Earning $75,000 or More (K-12). A two percent pay increase, beginning with the 2016-2017 fiscal year, shall be given to each support worker employed full-time by the Alabama Institute for Deaf and Blind. A separate local salary schedule shall be established and maintained for each specific job performed. The pay increase in this section shall be incorporated into the support employees’ salary schedules. The base rate of pay for part-time support employees shall be increased by two percent for the 2016-2017 fiscal year.

e. Miscellaneous Requirements. The AIDB board shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule for fiscal year 2016-2017 shall be increased to reflect the pay increases above to be given to each person employed for the 2016-2017 fiscal year and each year employed thereafter. The pay increases contained in this subsection shall be paid to each employee.

(6) TWO-YEAR POSTSECONDARY INSTITUTIONS EMPLOYEES. The Board of Trustees of the Community College System shall revise all salary schedules of the two-year postsecondary institutions to reflect an increase of four percent for the 2016-2017 fiscal year. The pay increase shall be given to each person employed in addition to any step increase to which the employee is otherwise entitled. The Postsecondary Education Department shall take proper steps to ensure that employees on all salary schedules are given full credit for prior work experience in the public schools and colleges, and shall take care to ensure proper placements on the salary schedules. Placement on the revised salary schedules shall be in accordance with the employee’s length of service in public education. No pay increase shall be given to any two-year postsecondary employee in excess of four percent, except as specifically provided in this section.

(7) MISCELLANEOUS PROVISIONS. The following provisions are hereby established:

a. Fiscal Year. All salaries and salary increases which are established by the State Board of Education shall be paid in full to each person employed before the end of the applicable fiscal year as defined in Section 16-1-1.

b. Extended Work. Public K-12 school employees on contracts which extend beyond 187 days, or the hourly equivalent thereof, shall be given a pro rata salary increment for each or partial day of work extending beyond 187 days.

c. Local Increment. Any cost-of-living adjustment and/or increase on the State Minimum Salary Schedule for teachers as provided in this section shall be exclusive of any local pay increase granted or due to teachers under provisions of any local salary schedule. Any cost-of-living adjustment and/or pay increase required by this section for public school support personnel shall be in addition to any pay increase due or granted to the employee under provisions of any local salary schedules. The pay increase provisions of this section shall not apply to any salary supplements granted by local boards of education, bonuses earned for certification by the National Board of Professional Teaching Standards, or the federal portion of the salary paid to a Junior Reserve Officer Training Corps (JROTC) instructor employed by a local school board.

d. Community Education. Each county and city board of education shall have the option to exclude from the provisions of this section any part-time employees of community education or school-sponsored child care or child enrichment program which is supplemental to the state-required educational program.

e. Local Chief Executive Officers. The pay increase provisions of this section shall not apply to superintendents of education of any school system or institution. Any pay increase given to the superintendent shall be by majority recorded vote of the governing body or authority.

f. Commencing at the beginning of the 2017-2018 school year, additional compensation for an advanced degree shall only be provided if the advanced degree is earned in the same field of study as the subject matter the person is teaching, unless: (i) the advanced degree is in education administration or counseling; or (ii) the person teaches a subject that is in critical shortage, as defined by the local school system and approved by the State Department of Education; or (iii) the teacher is required to transfer to another area or subject. A teacher who has made progress toward earning an advanced degree before the beginning of the 2017-2018 school year, as determined by parameters established by rule of the department, upon earning that advanced degree, shall be entitled to the additional compensation without regard to the field of study for which the advanced degree was earned. The State Department of Education, by rule, shall establish parameters defining the field of study to which a particular advanced degree correlates for the purposes of this paragraph.

g. Paragraph f. to the contrary notwithstanding, additional compensation for an advanced degree where progress toward the degree is initially commenced after the beginning of the 2017-2018 school year, shall only be provided if the advanced degree is earned at an accredited institution of higher education.

h. The requirement that an advanced degree be earned in the same field of study as the subject matter being taught shall be liberally construed to include self-contained teachers who teach all subjects at a particular grade level.

i. By October 1 of each year, the State Department of Education shall submit a report to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Chair of the House Ways and Means Education Committee, and the Chair of the Senate Finance and Taxation Education Committee, listing the number of advanced degrees earned by teachers during the preceding school year, the type of advanced degrees earned, and the number of advanced degrees earned in the field of study as the subject matter being taught by teachers earning advanced degrees.

(b) The pay increases granted in Section 1 shall begin in fiscal year 2016-2017 and continue in subsequent years. Nothing in subsection (a) shall authorize additional pay increases in subsequent years.

(Act 2016-198, §§1, 2.)

§ 16-22-13.8 Fiscal Year 2018-2019 Adjustments

(a) Pay increases, FY 2018-2019. The State Budget Officer shall allocate to the State Board of Education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services School District, the Board of Directors of the Alabama School of Fine Arts, and the Board of Trustees of the Alabama School of Mathematics and Science and for disbursement to the employees thereof funds based on the criteria established in this section. It is not the intent of this section to make appropriations, but the appropriations required by this section shall be made in the annual Education Trust Fund budget act for the designated fiscal year.

(1) CERTIFICATED PERSONNEL (K-12). For the fiscal year beginning October 1, 2018, and each year thereafter, each certificated employee at all city and county school systems and the teachers at the Department of Youth Services School District shall receive a two and one-half percent salary increase. Each step and cell on the State Minimum Salary Schedule contained in the annual budget act for the public schools shall be increased by the amounts below for fiscal year 2018-2019, the State Minimum Salary Schedule shall reflect the following percentage increase:

StepYears of ExperienceIncrease1Less than 32.50%23 but less than 62.50%36 but less than 92.50%49 but less than 122.50% 512 but less than 152.50%615 but less than 182.50%718 but less than 212.50%821 or greater2.50%924 but less than 272.50%1027 or more2.50%

All certificated employees, including the Adult Basic Education and Science in Motion employees, shall be guaranteed pay increases in the amounts indicated above for their years of experience and degrees earned and the corresponding pay increases shall be reflected in the appropriate local salary schedule and paid to each certificated employee. The provisions and requirements of this section shall be in addition to the provisions of Section 16-13-231.1, relating to the State Minimum Salary Schedule. Each certificated employee shall be properly placed on the local salary schedule according to degree earned and years of public education service (either in-state or out-of-state), which shall be not less than the amounts appropriated for the State Minimum Salary Schedule. The employee shall be paid according to degree earned and length of public education experience. The pay increase shall be given to each person employed for the 2018-2019 fiscal year in addition to any state or local step increase to which the employee is otherwise entitled. The local board of education shall transmit to the State Department of Education the appropriate notice of the earned advanced degree for each employee in a timely fashion; thereafter, the employee shall be paid for the advanced degree as soon as the degree is certified to the State Department of Education as being earned.

(2) EDUCATION SUPPORT PERSONNEL (K-12). A two and one-half percent pay increase, beginning with the fiscal year 2018-2019, shall be paid to each public education support worker and adult bus driver, including Adult Basic Education and Science in Motion personnel, employed for the 2018-2019 fiscal year in addition to the salary received during the 2017-2018 fiscal year, except employees covered under the state’s Merit System at the Department of Youth Services District. Each governing body or authority shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect a two and one-half percent pay increase beginning with fiscal year 2018-2019, which shall be given to the person employed full-time for the 2018-2019 fiscal year and each year employed full-time thereafter. The base rate of pay for part-time support employees shall be increased by two and one-half percent beginning with fiscal year 2018-2019. A separate local salary schedule shall be established and maintained for each specific job performed.

(3) AIDB. For the fiscal year 2018-2019, employees at the Alabama Institute for Deaf and Blind shall receive a pay increase which shall be in excess of their salaries received during the 2017-2018 fiscal year. The increase shall be as follows:

a. Certificated. The salary schedule for certificated employees shall be revised to reflect at least the following percentage increase beginning with the fiscal year 2018-2019:

StepYears of ExperienceIncrease1Less than 32.50%23 but less than 62.50%36 but less than 92.50%49 but less than 122.50%512 but less than 152.50%615 but less than 182.50%718 but less than 212.50%821 or greater2.50%924 but less than 272.50%1027 or more2.50%

b. Education Support Personnel (K-12). A two and one-half percent pay increase, beginning with the 2018-2019 fiscal year, shall be given to each support worker employed full-time by the Alabama Institute for Deaf and Blind. A separate local salary schedule shall be established and maintained for each specific job performed. The pay increase in this section shall be incorporated into the support employees’ salary schedules. The base rate of pay for part-time support employees shall be increased by two and one-half percent for the 2018-2019 fiscal year.

c. Miscellaneous Requirements. The AIDB board shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule for fiscal year 2018-2019 shall be increased to reflect the pay increase above to be given to each person employed for the 2018-2019 fiscal year and each year employed thereafter. The pay increase contained in this subsection shall be paid to each employee.

(4) TWO-YEAR POSTSECONDARY INSTITUTIONS. The Board of Trustees of the Community College System shall revise all salary schedules of the two-year postsecondary institutions to reflect an increase of two and one-half percent for the 2018-2019 fiscal year. The pay increase shall be given to each person employed in addition to any step increase to which the employee is otherwise entitled. The Postsecondary Education Department shall take proper steps to ensure that employees on all salary schedules are given full credit for prior work experience in the public schools and colleges, and shall take care to ensure proper placements on the salary schedules. Placement on the revised salary schedules shall be in accordance with the employee’s length of service in public education. No pay increase shall be given to any two-year postsecondary employee in excess of two and one-half percent, except as specifically provided in this section.

(5) MISCELLANEOUS PROVISIONS. The following provisions are hereby established:

a. Fiscal Year. All salaries and salary increases which are established by the State Board of Education shall be paid in full to each person employed before the end of the applicable fiscal year as defined in Section 16-1-1.

b. Extended Work. Public K-12 school employees on contracts which extend beyond 187 days, or the hourly equivalent thereof, shall be given a pro rata salary increment for each or partial day of work extending beyond 187 days.

c. Local Increment. Any cost-of-living adjustment and/or increase on the State Minimum Salary Schedule for teachers as provided in this section shall be exclusive of any local pay increase granted or due to teachers under provisions of any local salary schedule. Any cost-of-living adjustment and/or pay increase required by this section for public school support personnel shall be in addition to any pay increase due or granted to the employee under provisions of any local salary schedules. The pay increase provisions of this section shall not apply to any salary supplements granted by local boards of education, bonuses earned for certification by the National Board of Professional Teaching Standards, or the federal portion of the salary paid to a Junior Reserve Officer Training Corps (JROTC) instructor employed by a local school board.

d. Community Education. Each county and city board of education shall have the option to exclude from the provisions of this section any part-time employees of community education or school-sponsored child care or child enrichment program which is supplemental to the state-required educational program.

e. Local Chief Executive Officers. The pay increase provisions of this section shall not apply to superintendents of education of any school system or institution. Any pay increase given to the superintendent shall be by majority recorded vote of the governing body or authority.

(b) The pay increase granted in this section shall begin in fiscal year 2018-2019 and continue in subsequent years. Nothing in this section shall authorize additional pay increases in subsequent years.

(Act 2018-356, §1, 2.)

§ 16-22-13.9 Fiscal Year 2019-2020 Adjustments

(a) PAY INCREASES, FY 2019-2020. (a) The State Budget Officer shall allocate to the State Board of Education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services School District, the Board of Directors of the Alabama School of Fine Arts, and the Board of Trustees of the Alabama School of Mathematics and Science and for disbursement to the employees thereof funds based on the criteria established in this section. It is not the intent of this section to make appropriations, but the appropriations required by this section shall be made in the annual Education Trust Fund budget act for the designated fiscal year.

(1) Certificated Personnel (K-12). For the fiscal year beginning October 1, 2019, and each year thereafter, each certificated employee at all city and county school systems and the teachers at the Department of Youth Services School District shall receive a four percent salary increase. Each step and cell on the State Minimum Salary Schedule contained in the annual budget act for the public schools shall be increased by the amounts below for fiscal year 2019-2020, the State Minimum Salary Schedule shall reflect the following percentage increase:

StepYears of ExperienceIncrease1Less than 34.00%23 but less than 64.00%36 but less than 94.00%49 but less than 124.00% 512 but less than 154.00%615 but less than 184.00%718 but less than 214.00%821 or greater4.00%924 but less than 274.00%1027 or more4.00%

All certificated employees, including the Adult Basic Education and Science in Motion employees, shall be guaranteed pay increases in the amounts indicated above for their years of experience and degrees earned and the corresponding pay increases shall be reflected in the appropriate local salary schedule and paid to each certificated employee. The provisions and requirements of this section shall be in addition to the provisions of Section 16-13-231.1, relating to the State Minimum Salary Schedule. Each certificated employee shall be properly placed on the local salary schedule according to degree earned and years of public education service (either in-state or out-of-state), which shall be not less than the amounts appropriated for the State Minimum Salary Schedule. The employee shall be paid according to degree earned and length of public education experience. The pay increase shall be given to each person employed for the 2019-2020 fiscal year in addition to any state or local step increase to which the employee is otherwise entitled. The local board of education shall transmit to the State Department of Education the appropriate notice of the earned advanced degree for each employee in a timely fashion; thereafter, the employee shall be paid for the advanced degree as soon as the degree is certified to the State Department of Education as being earned.

(2) Education Support Personnel (K-12). A four percent pay increase, beginning with the fiscal year 2019-2020, shall be paid to each public education support worker and adult bus driver, including Adult Basic Education and Science in Motion personnel, employed for the 2019-2020 fiscal year in addition to the salary received during the 2018-2019 fiscal year, except employees covered under the state’s Merit System at the Department of Youth Services District. Each governing body or authority shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect a four percent pay increase beginning with fiscal year 2019-2020, which shall be given to the person employed full-time for the 2019-2020 fiscal year and each year employed full-time thereafter. The base rate of pay for part-time support employees shall be increased by four percent beginning with fiscal year 2019-2020. A separate local salary schedule shall be established and maintained for each specific job performed.

(3) AIDB. For the fiscal year 2019-2020, employees at the Alabama Institute for Deaf and Blind shall receive a pay increase which shall be in excess of their salaries received during the 2018-2019 fiscal year. The increase shall be as follows:

a. Certificated. The salary schedule for certificated employees shall be revised to reflect at least the following percentage increase beginning with the fiscal year 2019-2020:

StepYears of ExperienceIncrease1Less than 34.00%23 but less than 64.00%36 but less than 94.00%49 but less than 124.00%512 but less than 154.00%615 but less than 184.00%718 but less than 214.00%821 or greater4.00%924 but less than 274.00%1027 or more4.00%

b. Education Support Personnel (K-12). A four percent pay increase, beginning with the 2019-2020 fiscal year, shall be given to each support worker employed full-time by the Alabama Institute for Deaf and Blind. A separate local salary schedule shall be established and maintained for each specific job performed. The pay increase in this section shall be incorporated into the support employees’ salary schedules. The base rate of pay for part-time support employees shall be increased by four percent for the 2019-2020 fiscal year.

c. Miscellaneous Requirements. The AIDB board shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule for fiscal year 2019-2020 shall be increased to reflect the pay increase above to be given to each person employed for the 2019-2020 fiscal year and each year employed thereafter. The pay increase contained in this subdivision shall be paid to each employee.

(4) Two-Year Postsecondary Institutions. The Board of Trustees of the Community College System shall revise all salary schedules of the two-year postsecondary institutions to reflect an increase of four percent for the 2019-2020 fiscal year. The pay increase shall be given to each person employed in addition to any step increase to which the employee is otherwise entitled. The Postsecondary Education Department shall take proper steps to ensure that employees on all salary schedules are given full credit for prior work experience in the public schools and colleges, and shall take care to ensure proper placements on the salary schedules. Placement on the revised salary schedules shall be in accordance with the employee’s length of service in public education. No pay increase shall be given to any two-year postsecondary employee in excess of four percent, except as specifically provided in this section.

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

a. Fiscal Year. All salaries and salary increases which are established by the State Board of Education shall be paid in full to each person employed before the end of the applicable fiscal year as defined in Section 16-1-1.

b. Extended Work. Public K-12 school employees on contracts which extend beyond 187 days, or the hourly equivalent thereof, shall be given a pro rata salary increment for each day or partial day of work extending beyond 187 days.

c. Local Increment. Any cost-of-living adjustment and/or increase on the State Minimum Salary Schedule for teachers as provided in this section shall be exclusive of any local pay increase granted or due to teachers under provisions of any local salary schedule. Any cost-of-living adjustment and/or pay increase required by this section for public school support personnel shall be in addition to any pay increase due or granted to the employee under provisions of any local salary schedules. The pay increase provisions of this section shall not apply to any salary supplements granted by local boards of education, bonuses earned for certification by the National Board of Professional Teaching Standards, or the federal portion of the salary paid to a Junior Reserve Officer Training Corps (JROTC) instructor employed by a local school board.

d. Community Education. Each county and city board of education shall have the option to exclude from the provisions of this section any part-time employees of community education or school-sponsored child care or child enrichment program which is supplemental to the state-required educational program.

e. Local Chief Executive Officers. The pay increase provisions of this section shall not apply to superintendents of education of any school system or institution. Any pay increase given to the superintendent shall be by majority recorded vote of the governing body or authority.

(b) The pay increase granted in this section shall begin in fiscal year 2019-2020 and continue in subsequent years. Nothing in this section shall authorize additional pay increases in subsequent years.

(Act 2019-399, §§1-2.)

§ 16-22-13.10 Fiscal Year 2021-2022 Adjustments

(a) PAY INCREASES, FY 2021-2022. The State Budget Officer shall allocate to the State Board of Education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services School District, the Board of Directors of the Alabama School of Fine Arts, the Board of Directors for the Alabama School of Cyber Technology and Engineering, and the Board of Trustees of the Alabama School of Mathematics and Science and for disbursement to the employees thereof funds based on the criteria established in this section. It is not the intent of this section to make appropriations, but the appropriations required by this section shall be made in the annual Education Trust Fund budget section for the designated fiscal year.

(1) CERTIFIED PERSONNEL (K-12). For the fiscal year beginning October 1, 2021, and each year thereafter, each certificated employee at all city and county school systems and the teachers at the Department of Youth Services School District shall receive a two percent salary increase. Each step and cell on the State Minimum Salary Schedule contained in the annual budget act for the public schools shall be increased by the amounts below for fiscal year 2021-2022, the State Minimum Salary Schedule shall reflect the following percentage increase:

StepYears of ExperienceIncrease1Less than 32.00%23 but less than 62.00%36 but less than 92.00%49 but less than 122.00% 512 but less than 152.00%615 but less than 182.00%718 but less than 212.00%821 or greater2.00%924 but less than 272.00%1027 or more2.00%

All certificated employees, including the Adult Basic Education and Science in Motion employees, shall be guaranteed pay increases in the amounts indicated above for their years of experience and degrees earned and the corresponding pay increases shall be reflected in the appropriate local salary schedule and paid to each certificated employee. The provisions and requirements of this section shall be in addition to the provisions of Section 16-13-231.1, relating to the State Minimum Salary Schedule. Each certificated employee shall be properly placed on the local salary schedule according to degree earned and years of public education service (either in-state or out-of-state), which shall be not less than the amounts appropriated for the State Minimum Salary Schedule. The employee shall be paid according to degree earned and length of public education experience. The pay increase shall be given to each person employed for the 2021-2022 fiscal year in addition to any state or local step increase to which the employee is otherwise entitled. The local board of education shall transmit to the State Department of Education the appropriate notice of the earned advanced degree for each employee in a timely fashion; thereafter, the employee shall be paid for the advanced degree as soon as the degree is certified to the State Department of Education as being earned.

(2) EDUCATION SUPPORT PERSONNEL (K-12). A two percent pay increase, beginning with the fiscal year 2021-2022, shall be paid to each public education support worker and adult bus driver, including Adult Basic Education and Science in Motion personnel, employed for the 2021-2022 fiscal year in addition to the salary received during the 2020-2021 fiscal year, except employees covered under the state’s Merit System at the Department of Youth Services District. Each governing body or authority shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect a two percent pay increase beginning with fiscal year 2021-2022, which shall be given to the person employed full-time for the 2021-2022 fiscal year and each year employed full-time thereafter. The base rate of pay for part-time support employees shall be increased by two percent beginning with fiscal year 2021-2022. A separate local salary schedule shall be established and maintained for each specific job performed.

(3) AIDB. For the fiscal year 2021-2022, employees at the Alabama Institute for Deaf and Blind shall receive a pay increase which shall be in excess of their salaries received during the 2020-2021 fiscal year. The increase shall be as follows:

a. Certificated. The salary schedule for certificated employees shall be revised to reflect at least the following percentage increase beginning with the fiscal year 2021-2022:

StepYears of ExperienceIncrease1Less than 32.00%23 but less than 62.00%36 but less than 92.00%49 but less than 122.00%512 but less than 152.00%615 but less than 182.00%718 but less than 212.00%821 or greater2.00%924 but less than 272.00%1027 or more2.00%

b. Education Support Personnel (K-12). A two percent pay increase, beginning with the 2021-2022 fiscal year, shall be given to each support worker employed full-time by the Alabama Institute for Deaf and Blind. A separate local salary schedule shall be established and maintained for each specific job performed. The pay increase in this section shall be incorporated into the support employees’ salary schedules. The base rate of pay for part-time support employees shall be increased by two percent for the 2021-2022 fiscal year.

c. Miscellaneous Requirements. The AIDB board shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule for fiscal year 2021-2022 shall be increased to reflect the pay increase above to be given to each person employed for the 2021-2022 fiscal year and each year employed thereafter. The pay increase contained in this subsection shall be paid to each employee.

(4) TWO-YEAR POSTSECONDARY INSTITUTIONS. The Board of Trustees of the Community College System shall revise all salary schedules of the two-year postsecondary institutions to reflect an increase of two percent for the 2021-2022 fiscal year. The pay increase shall be given to each person employed in addition to any step increase to which the employee is otherwise entitled. The Postsecondary Education Department shall take proper steps to ensure that employees on all salary schedules are given full credit for prior work experience in the public schools and colleges, and shall take care to ensure proper placements on the salary schedules. Placement on the revised salary schedules shall be in accordance with the employee’s length of service in public education. No pay increase shall be given to any two-year postsecondary employee in excess of two percent, except as specifically provided in this section.

(5) MISCELLANEOUS PROVISIONS. The following provisions are hereby established:

a. Fiscal Year. All salaries and salary increases which are established by the State Board of Education shall be paid in full to each person employed before the end of the applicable fiscal year as defined in Section 16-1-1.

b. Extended Work. Public K-12 school employees on contracts which extend beyond 187 days, or the hourly equivalent thereof, shall be given a pro rata salary increment for each or partial day of work extending beyond 187 days.

c. Local Increment. Any cost-of-living adjustment and/or increase on the State Minimum Salary Schedule for teachers as provided in this section shall be exclusive of any local pay increase granted or due to teachers under provisions of any local salary schedule. Any cost-of-living adjustment and/or pay increase required by this section for public school support personnel shall be in addition to any pay increase due or granted to the employee under provisions of any local salary schedules. The pay increase provisions of this section shall not apply to any salary supplements granted by local boards of education, bonuses earned for certification by the National Board of Professional Teaching Standards, or the federal portion of the salary paid to a Junior Reserve Officer Training Corps (JROTC) instructor employed by a local school board.

d. Community Education. Each county and city board of education shall have the option to exclude from the provisions of this section any part-time employees of community education or school-sponsored child care or child enrichment program which is supplemental to the state-required educational program.

e. Local Chief Executive Officers. The pay increase provisions of this section shall not apply to superintendents of education of any school system or institution. Any pay increase given to the superintendent shall be by majority recorded vote of the governing body or authority.

(b) The pay increase granted in this section shall begin in fiscal year 2021-2022 and continue in subsequent years. Nothing in this section shall authorize additional pay increases in subsequent years.

(Act 2021-330, §§1,2.)

§ 16-22-13.11 Fiscal Year 2022-2023 Adjustments

(a) PAY INCREASES, FY 2022-2023. The State Budget Officer shall allocate to the State Board of Education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services School District, the Board of Directors of the Alabama School of Fine Arts, the Board of Directors for the Alabama School of Cyber Technology and Engineering, and the Board of Trustees of the Alabama School of Mathematics and Science and for disbursement to the employees thereof funds based on the criteria established in this section. It is not the intent of this section to make appropriations, but the appropriations required by this section shall be made in the annual Education Trust Fund budget act for the designated fiscal year.

(1) Certificated Personnel (K-12). For the fiscal year beginning October 1, 2022, and each year thereafter, each certificated employee at all city and county school systems and the teachers at the Department of Youth Services School District shall receive a four percent salary increase. Each step and cell on the State Minimum Salary Schedule contained in the annual budget act for the public schools shall be increased by the amounts below for fiscal year 2022-2023, the State Minimum Salary Schedule shall reflect the following percentage increase:

StepYears of ExperienceIncrease1Less than 34.00%23 but less than 64.00%36 but less than 94.00%49 but less than 124.00% 512 but less than 154.00%615 but less than 184.00%718 but less than 214.00%821 or greater4.00%924 but less than 274.00%1027 or more4.00%

All certificated employees, including the Adult Basic Education and Science in Motion employees, shall be guaranteed pay increases in the amounts indicated above for their years of experience and degrees earned and the corresponding pay increases shall be reflected in the appropriate local salary schedule and paid to each certificated employee. The provisions and requirements of this section shall be in addition to the provisions of Section 16-13-231.1, relating to the State Minimum Salary Schedule. Each certificated employee shall be properly placed on the local salary schedule according to degree earned and years of public education service (either in-state or out-of-state), which shall be not less than the amounts appropriated for the State Minimum Salary Schedule. The employee shall be paid according to degree earned and length of public education experience. The pay increase shall be given to each person employed for the 2022-2023 fiscal year in addition to any state or local step increase to which the employee is otherwise entitled. The local board of education shall transmit to the State Department of Education the appropriate notice of the earned advanced degree for each employee in a timely fashion; thereafter, the employee shall be paid for the advanced degree as soon as the degree is certified to the State Department of Education as being earned.

(2) Education Support Personnel (K-12). A four percent pay increase, beginning with the fiscal year 2022-2023, shall be paid to each public education support worker and adult bus driver, including Adult Basic Education and Science in Motion personnel, employed for the 2022-2023 fiscal year in addition to the salary received during the 2021-2022 fiscal year, except employees covered under the state’s Merit System at the Department of Youth Services School District. Each governing body or authority shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect a four percent pay increase beginning with fiscal year 2022-2023, which shall be given to the person employed full-time for the 2022-2023 fiscal year and each year employed full-time thereafter. The base rate of pay for part-time support employees shall be increased by four percent beginning with fiscal year 2022-2023. A separate local salary schedule shall be established and maintained for each specific job performed.

(3) AIDB. For the fiscal year 2022-2023, employees at the Alabama Institute for Deaf and Blind shall receive a pay increase that shall be in excess of their salaries received during the 2021-2022 fiscal year. The increase shall be as follows:

a. Certificated. The salary schedule for certificated employees shall be revised to reflect at least the following percentage increase beginning with the fiscal year 2022-2023:

StepYears of ExperienceIncrease1Less than 34.00%23 but less than 64.00%36 but less than 94.00%49 but less than 124.00%512 but less than 154.00%615 but less than 184.00%718 but less than 214.00%821 or greater4.00%924 but less than 274.00%1027 or more4.00%

b. Education Support Personnel (K-12). A four percent pay increase, beginning with the 2022-2023 fiscal year, shall be given to each support worker employed full-time by the Alabama Institute for Deaf and Blind. A separate local salary schedule shall be established and maintained for each specific job performed. The pay increase in this section shall be incorporated into the support employees’ salary schedules. The base rate of pay for part-time support employees shall be increased by four percent for the 2022-2023 fiscal year.

c. Miscellaneous Requirements. The AIDB board shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule for fiscal year 2022-2023 shall be increased to reflect the pay increase above to be given to each person employed for the 2022-2023 fiscal year and each year employed thereafter. The pay increase contained in this subdivision shall be paid to each employee.

(4) Two-Year Postsecondary Institutions. The Board of Trustees of the Community College System shall revise all salary schedules of the two-year postsecondary institutions to reflect an increase of four percent for the 2022-2023 fiscal year. The pay increase shall be given to each person employed in addition to any step increase to which the employee is otherwise entitled. The Postsecondary Education Department shall take proper steps to ensure that employees on all salary schedules are given full credit for prior work experience in the public schools and colleges, and shall take care to ensure proper placements on the salary schedules. Placement on the revised salary schedules shall be in accordance with the employee’s length of service in public education. No pay increase shall be given to any two-year postsecondary employee in excess of four percent, except as specifically provided in this section.

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

a. Fiscal Year. All salaries and salary increases that are established by the State Board of Education shall be paid in full to each person employed before the end of the applicable fiscal year as defined in Section 16-1-1.

b. Extended Work. Public K-12 school employees on contracts that extend beyond 187 days, or the hourly equivalent thereof, shall be given a pro rata salary increment for each or partial day of work extending beyond 187 days.

c. Local Increment. Any cost-of-living adjustment and/or increase on the State Minimum Salary Schedule for teachers as provided in this section shall be exclusive of any local pay increase granted or due to teachers under provisions of any local salary schedule. Any cost-of-living adjustment and/or pay increase required by this section for public school support personnel shall be in addition to any pay increase due or granted to the employee under provisions of any local salary schedules. The pay increase provisions of this section shall not apply to any salary supplements granted by local boards of education, bonuses earned for certification by the National Board of Professional Teaching Standards, or the federal portion of the salary paid to a Junior Reserve Officer Training Corps (JROTC) instructor employed by a local school board.

d. Community Education. Each county and city board of education shall have the option to exclude from the provisions of this section any part-time employees of community education or school-sponsored child care or child enrichment program that is supplemental to the state-required educational program.

e. Local Chief Executive Officers. The pay increase provisions of this section shall not apply to superintendents of education of any school system or institution. Any pay increase given to the superintendent shall be by majority recorded vote of the governing body or authority.

(b) The pay increase granted in this section shall begin in fiscal year 2022-2023 and continue in subsequent years. Nothing in this section shall authorize additional pay increases in subsequent years.

(Act 2022-285, §§1, 2.)

§ 16-22-13.12 Fiscal Year 2023-2024 Adjustments

(a) PAY INCREASES, FY 2023-2024. The State Budget Officer shall allocate to the State Board of Education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services School District, the Board of Directors of the Alabama School of Fine Arts, the Board of Directors for the Alabama School of Cyber Technology and Engineering, and the Board of Trustees of the Alabama School of Mathematics and Science and for disbursement to the employees thereof funds based on the criteria established in this section. It is not the intent of this section to make appropriations, but the appropriations required by this section shall be made in the annual Education Trust Fund budget act for the designated fiscal year.

(1) CERTIFICATED PERSONNEL (K-12). For the fiscal year beginning October 1, 2023, and each year thereafter, each certificated employee at all city and county school systems and the teachers at the Department of Youth Services School District shall receive a two percent salary increase. Each step and cell on the State Minimum Salary Schedule contained in the annual budget act for the public schools shall be increased by the amounts below for fiscal year 2023-2024, the State Minimum Salary Schedule shall reflect the following percentage increase:

| Years of Experience | Increase | | --- | --- | | 0 | 2.00% | | 1 | 2.00% | | 2 | 2.00% | | 3 | 2.00% | | 4 | 2.00% | | 5 | 2.00% | | 6 | 2.00% | | 7 | 2.00% | | 8 | 2.00% | | 9 | 2.00% | | 10 | 2.00% | | 11 | 2.00% | | 12 | 2.00% | | 13 | 2.00% | | 14 | 2.00% | | 15 | 2.00% | | 16 | 2.00% | | 17 | 2.00% | | 18 | 2.00% | | 19 | 2.00% | | 20 | 2.00% | | 21 | 2.00% | | 22 | 2.00% | | 23 | 2.00% | | 24 | 2.00% | | 25 | 2.00% | | 26 | 2.00% | | 27 | 2.00% | | 28 | 2.00% | | 29 | 2.00% | | 30 | 2.00% | | 31 | 2.00% | | 32 | 2.00% | | 33 | 2.00% | | 34 | 2.00% | | 35 | 2.00% |

All certificated employees, including the Adult Basic Education and Science in Motion employees, shall be guaranteed pay increases in the amounts indicated above for their years of experience and degrees earned and the corresponding pay increases shall be reflected in the appropriate local salary schedule and paid to each certificated employee. The provisions and requirements of this section shall be in addition to the provisions of Section 16-13-231.1, relating to the State Minimum Salary Schedule. Each certificated employee shall be properly placed on the local salary schedule according to degree earned and years of public education service (either in-state or out-of-state), which shall be not less than the amounts appropriated for the State Minimum Salary Schedule. The employee shall be paid according to degree earned and length of public education experience. The pay increase shall be given to each person employed for the 2023-2024 fiscal year in addition to any state or local step increase to which the employee is otherwise entitled. The local board of education shall transmit to the State Department of Education the appropriate notice of the earned advanced degree for each employee in a timely fashion; thereafter, the employee shall be paid for the advanced degree as soon as the degree is certified to the State Department of Education as being earned.

(2) EDUCATION SUPPORT PERSONNEL (K-12). A two percent pay increase, beginning with the fiscal year 2023-2024, shall be paid to each public education support worker and adult bus driver, including Adult Basic Education and Science in Motion personnel, employed for the 2023-2024 fiscal year in addition to the salary received during the 2022-2023 fiscal year, except employees covered under the state’s Merit System at the Department of Youth Services School District. Each governing body or authority shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect a two percent pay increase beginning with fiscal year 2023-2024, which shall be given to the person employed full-time for the 2023-2024 fiscal year and each year employed full-time thereafter. The base rate of pay for part-time support employees shall be increased by two percent beginning with fiscal year 2023-2024. A separate local salary schedule shall be established and maintained for each specific job performed.

(3) AIDB. For the fiscal year 2023-2024, employees at the Alabama Institute for Deaf and Blind shall receive a pay increase which shall be in excess of their salaries received during the 2022-2023 fiscal year. The increase shall be as follows:

a. Certificated. The salary schedule for certificated employees shall be revised to reflect at least the following percentage increase beginning with the fiscal year 2023-2024:

| Step | Years of Experience | Increase | | --- | --- | --- | | 1 | Less than 3 | 2.00% | | 2 | 3 but less than 6 | 2.00% | | 3 | 6 but less than 9 | 2.00% | | 4 | 9 but less than 12 | 2.00% | | 5 | 12 but less than 15 | 2.00% | | 6 | 15 but less than 18 | 2.00% | | 7 | 18 but less than 21 | 2.00% | | 8 | 21 or greater | 2.00% | | 9 | 24 but less than 27 | 2.00% | | 10 | 27 or more | 2.00% |

b. Education Support Personnel (K-12). A two percent pay increase, beginning with the 2023-2024 fiscal year, shall be given to each support worker employed full-time by the Alabama Institute for Deaf and Blind. A separate local salary schedule shall be established and maintained for each specific job performed. The pay increase in this section shall be incorporated into the support employees’ salary schedules. The base rate of pay for part-time support employees shall be increased by two percent for the 2023-2024 fiscal year.

c. Miscellaneous Requirements. The AIDB board shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule for fiscal year 2023-2024 shall be increased to reflect the pay increase above to be given to each person employed for the 2023-2024 fiscal year and each year employed thereafter. The pay increase contained in this subsection shall be paid to each employee.

(4) TWO-YEAR POSTSECONDARY INSTITUTIONS. The Board of Trustees of the Community College System shall revise all salary schedules of the two-year postsecondary institutions to reflect an increase of two percent for the 2023-2024 fiscal year. The pay increase shall be given to each person employed in addition to any step increase to which the employee is otherwise entitled. The Alabama Community College System shall take proper steps to ensure that employees on all salary schedules are given full credit for prior work experience in the public schools and colleges, and shall take care to ensure proper placements on the salary schedules. Placement on the revised salary schedules shall be in accordance with the employee’s length of service in public education. No pay increase shall be given to any two-year postsecondary employee in excess of two percent, except as specifically provided in this section.

(5) MISCELLANEOUS PROVISIONS. The following provisions are hereby established:

a. Fiscal Year. All salaries and salary increases which are established by the State Board of Education shall be paid in full to each person employed before the end of the applicable fiscal year as defined in Section 16-1-1, as amended.

b. Extended Work. Public K-12 school employees on contracts which extend beyond 187 days, or the hourly equivalent thereof, shall be given a pro rata salary increment for each or partial day of work extending beyond 187 days.

c. Local Increment. Any cost-of-living adjustment and/or increase on the State Minimum Salary Schedule for teachers as provided in this section shall be exclusive of any local pay increase granted or due to teachers under provisions of any local salary schedule. Any cost-of-living adjustment and/or pay increase required by this section for public school support personnel shall be in addition to any pay increase due or granted to the employee under provisions of any local salary schedules. The pay increase provisions of this section shall not apply to any salary supplements granted by local boards of education, bonuses earned for certification by the National Board of Professional Teaching Standards, or the federal portion of the salary paid to a Junior Reserve Officer Training Corps (JROTC) instructor employed by a local school board.

d. Community Education. Each county and city board of education shall have the option to exclude from the provisions of this section any part-time employees of community education or school-sponsored child care or child enrichment program which is supplemental to the state-required educational program.

e. Local Chief Executive Officers. The pay increase provisions of this section shall not apply to superintendents of education of any school system or institution. Any pay increase given to the superintendent shall be by majority recorded vote of the governing body or authority.

(b) The pay increase granted in this section shall begin in fiscal year 2023-2024 and continue in subsequent years. Nothing in this section shall authorize additional pay increases in subsequent years.

(Act 2023-376, §§1, 2.)

§ 16-22-13.13 Fiscal Year 2024-2025 Adjustments

(a) PAY INCREASES, FY 2024-2025. The State Budget Officer shall allocate to the State Board of Education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services School District, the Board of Directors of the Alabama School of Fine Arts, the Board of Directors for the Alabama School of Cyber Technology and Engineering, and the Board of Trustees of the Alabama School of Mathematics and Science and for disbursement to the employees thereof funds based on the criteria established in this section. It is not the intent of this section to make appropriations, but the appropriations required by this section shall be made in the annual Education Trust Fund budget act for the designated fiscal year.

(1) Certificated Personnel (K-12). For the fiscal year beginning October 1, 2024, and each year thereafter, each certificated employee at all city and county school systems and the teachers at the Department of Youth Services School District shall receive a two percent salary increase. Each step and cell on the State Minimum Salary Schedule contained in the annual budget act for the public schools shall be increased by the amounts below for fiscal year 2024-2025, the State Minimum Salary Schedule shall reflect the following percentage increase:

| Years of Experience | Increase | | --- | --- | | 0 | 2.00% | | 1 | 2.00% | | 2 | 2.00% | | 3 | 2.00% | | 4 | 2.00% | | 5 | 2.00% | | 6 | 2.00% | | 7 | 2.00% | | 8 | 2.00% | | 9 | 2.00% | | 10 | 2.00% | | 11 | 2.00% | | 12 | 2.00% | | 13 | 2.00% | | 14 | 2.00% | | 15 | 2.00% | | 16 | 2.00% | | 17 | 2.00% | | 18 | 2.00% | | 19 | 2.00% | | 20 | 2.00% | | 21 | 2.00% | | 22 | 2.00% | | 23 | 2.00% | | 24 | 2.00% | | 25 | 2.00% | | 26 | 2.00% | | 27 | 2.00% | | 28 | 2.00% | | 29 | 2.00% | | 30 | 2.00% | | 31 | 2.00% | | 32 | 2.00% | | 33 | 2.00% | | 34 | 2.00% | | 35 | 2.00% |

All certificated employees, including the Adult Basic Education and Science in Motion employees, shall be guaranteed pay increases in the amounts indicated above for their years of experience and degrees earned and the corresponding pay increases shall be reflected in the appropriate local salary schedule and paid to each certificated employee. The provisions and requirements of this section shall be in addition to the provisions of Section 16-13-231.1, relating to the State Minimum Salary Schedule. Each certificated employee shall be properly placed on the local salary schedule according to degree earned and years of public education service (either in-state or out-of-state), which shall be not less than the amounts appropriated for the State Minimum Salary Schedule. The employee shall be paid according to degree earned and length of public education experience. The pay increase shall be given to each person employed for the 2024-2025 fiscal year in addition to any state or local step increase to which the employee is otherwise entitled. The local board of education shall transmit to the State Department of Education the appropriate notice of the earned advanced degree for each employee in a timely fashion; thereafter, the employee shall be paid for the advanced degree as soon as the degree is certified to the State Department of Education as being earned.

(2) Education Support Personnel (K-12). A two percent pay increase, beginning with the fiscal year 2024-2025, shall be paid to each public education support worker and adult bus driver, including Adult Basic Education and Science in Motion personnel, employed for the 2024-2025 fiscal year in addition to the salary received during the 2023-2024 fiscal year, except employees covered under the state’s Merit System at the Department of Youth Services School District. Each governing body or authority shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect a two percent pay increase beginning with fiscal year 2024-2025, which shall be given to the person employed full-time for the 2024-2025 fiscal year and each year employed full-time thereafter. The base rate of pay for part-time support employees shall be increased by two percent beginning with fiscal year 2024-2025. A separate local salary schedule shall be established and maintained for each specific job performed.

(3) AIDB. For the fiscal year 2024-2025, employees at the Alabama Institute for Deaf and Blind shall receive a pay increase which shall be in excess of their salaries received during the 2023-2024 fiscal year. The increase shall be as follows:

a. Certificated. The salary schedule for certificated employees shall be revised to reflect at least the following percentage increase beginning with the fiscal year 2024-2025:

| Step | Years of Experience | Increase | | --- | --- | --- | | 1 | Less than 3 | 2.00% | | 2 | 3 but less than 6 | 2.00% | | 3 | 6 but less than 9 | 2.00% | | 4 | 9 but less than 12 | 2.00% | | 5 | 12 but less than 15 | 2.00% | | 6 | 15 but less than 18 | 2.00% | | 7 | 18 but less than 21 | 2.00% | | 8 | 21 or greater | 2.00% | | 9 | 24 but less than 27 | 2.00% | | 10 | 27 or more | 2.00% |

b. Education Support Personnel (K-12). A two percent pay increase, beginning with the 2024-2025 fiscal year, shall be given to each support worker employed full-time by the Alabama Institute for Deaf and Blind. A separate local salary schedule shall be established and maintained for each specific job performed. The pay increase in this section shall be incorporated into the support employees’ salary schedules. The base rate of pay for part-time support employees shall be increased by two percent for the 2024-2025 fiscal year.

c. Miscellaneous Requirements. The AIDB board shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule for fiscal year 2024-2025 shall be increased to reflect the pay increase above to be given to each person employed for the 2024-2025 fiscal year and each year employed thereafter. The pay increase contained in this subsection shall be paid to each employee.

(4) Two-Year Postsecondary Institutions. The Board of Trustees of the Community College System shall revise all salary schedules of the two-year postsecondary institutions to reflect an increase of two percent for the 2024-2025 fiscal year. The pay increase shall be given to each person employed in addition to any step increase to which the employee is otherwise entitled. The Alabama Community College System shall take proper steps to ensure that employees on all salary schedules are given full credit for prior work experience in the public schools and colleges, and shall take care to ensure proper placements on the salary schedules. Placement on the revised salary schedules shall be in accordance with the employee’s length of service in public education. No pay increase shall be given to any two-year postsecondary employee in excess of two percent, except as specifically provided in this section.

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

a. Fiscal Year. All salaries and salary increases which are established by the State Board of Education shall be paid in full to each person employed before the end of the applicable fiscal year as defined in Section 16-1-1, as amended.

b. Extended Work. Public K-12 school employees on contracts which extend beyond 187 days, or the hourly equivalent thereof, shall be given a pro rata salary increment for each or partial day of work extending beyond 187 days.

c. Local Increment. Any cost-of-living adjustment and/or increase on the State Minimum Salary Schedule for teachers as provided in this section shall be exclusive of any local pay increase granted or due to teachers under provisions of any local salary schedule. Any cost-of-living adjustment and/or pay increase required by this section for public school support personnel shall be in addition to any pay increase due or granted to the employee under provisions of any local salary schedules. The pay increase provisions of this section shall not apply to any salary supplements granted by local boards of education, bonuses earned for certification by the National Board of Professional Teaching Standards, or the federal portion of the salary paid to a Junior Reserve Officer Training Corps (JROTC) instructor employed by a local school board.

d. Community Education. Each county and city board of education shall have the option to exclude from the provisions of this section any part-time employees of community education or school-sponsored child care or child enrichment program which is supplemental to the state-required educational program.

e. Local Chief Executive Officers. The pay increase provisions of this section shall not apply to superintendents of education of any school system or institution. Any pay increase given to the superintendent shall be by majority recorded vote of the governing body or authority.

(b) The pay increase granted in this section shall begin in fiscal year 2024-2025 and continue in subsequent years. Nothing in this section shall authorize additional pay increases in subsequent years.

(Act 2024-292, §§1-2.)

§ 16-22-13.14 Pay Increases, Fy 2026-2027

(a) The State Budget Officer shall allocate to the State Board of Education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services School District, the Board of Directors of the Alabama School of Fine Arts, the Board of Directors for the Alabama School of Cyber Technology and Engineering, the Board of Trustees of the Alabama School of Mathematics and Science, the Board of Trustees of the Alabama School of Healthcare Sciences and for disbursement to the employees thereof funds based on the criteria established in this section. It is not the intent of this section to make appropriations, but the appropriations required by this section shall be made in the annual Education Trust Fund budget act for the designated fiscal year.

(1) Certificated Personnel (K-12). For the fiscal year beginning October 1, 2026, and each year thereafter, each certificated employee at all city and county school systems and the teachers at the Department of Youth Services School District shall receive a two percent salary increase. Each step and cell on the State Minimum Salary Schedule contained in the annual budget act for the public schools shall be increased by the amounts below for fiscal year 2026-2027, the State Minimum Salary Schedule shall reflect the following percentage increase:

| Years of Experience | Increase | | --- | --- | | 0 | 2.00% | | 1 | 2.00% | | 2 | 2.00% | | 3 | 2.00% | | 4 | 2.00% | | 5 | 2.00% | | 6 | 2.00% | | 7 | 2.00% | | 8 | 2.00% | | 9 | 2.00% | | 10 | 2.00% | | 11 | 2.00% | | 12 | 2.00% | | 13 | 2.00% | | 14 | 2.00% | | 15 | 2.00% | | 16 | 2.00% | | 17 | 2.00% | | 18 | 2.00% | | 19 | 2.00% | | 20 | 2.00% | | 21 | 2.00% | | 22 | 2.00% | | 23 | 2.00% | | 24 | 2.00% | | 25 | 2.00% | | 26 | 2.00% | | 27 | 2.00% | | 28 | 2.00% | | 29 | 2.00% | | 30 | 2.00% | | 31 | 2.00% | | 32 | 2.00% | | 33 | 2.00% | | 34 | 2.00% | | 35 | 2.00% |

All certificated employees, including the Adult Basic Education and Science in Motion employees, shall be guaranteed pay increases in the amounts indicated above for their years of experience and degrees earned, and the corresponding pay increases shall be reflected in the appropriate local salary schedule and paid to each certificated employee. The provisions and requirements of this section shall be in addition to the provisions of Section 16-13-231.1, relating to the State Minimum Salary Schedule. Each certificated employee shall be properly placed on the local salary schedule according to degree earned and years of public education service (either in-state or out-of-state), which shall be not less than the amounts appropriated for the State Minimum Salary Schedule. The employee shall be paid according to degree earned and length of public education experience. The pay increase shall be given to each person employed for the 2026-2027 fiscal year in addition to any state or local step increase to which the employee is otherwise entitled. The local board of education shall transmit to the State Department of Education the appropriate notice of the earned advanced degree for each employee in a timely fashion; thereafter, the employee shall be paid for the advanced degree as soon as the degree is certified to the State Department of Education as being earned.

(2) Education Support Personnel (K-12). A two percent pay increase, beginning with the fiscal year 2026-2027, shall be paid to each public education support worker and adult bus driver, including Adult Basic Education and Science in Motion personnel, employed for the 2026-2027 fiscal year in addition to the salary received during the 2025-2026 fiscal year, except employees covered under the state Merit System at the Department of Youth Services School District. Each governing body or authority shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect a two percent pay increase beginning with fiscal year 2026-2027, which shall be given to the person employed full-time for the 2026-2027 fiscal year and each year employed full-time thereafter. The base rate of pay for part-time support employees shall be increased by two percent beginning with fiscal year 2026-2027. A separate local salary schedule shall be established and maintained for each specific job performed.

(3) AIDB. For the fiscal year 2026-2027, employees at the Alabama Institute for Deaf and Blind shall receive a pay increase that shall be in excess of their salaries received during the 2025-2026 fiscal year. The increase shall be as follows:

a. Certificated. The salary schedule for certificated employees shall be revised to reflect at least the following percentage increase beginning with the fiscal year 2026-2027:

| Step | Years of Experience | Increase | | --- | --- | --- | | 1 | Less than 3 | 2.00% | | 2 | 3 but less than 6 | 2.00% | | 3 | 6 but less than 9 | 2.00% | | 4 | 9 but less than 12 | 2.00% | | 5 | 12 but less than 15 | 2.00% | | 6 | 15 but less than 18 | 2.00% | | 7 | 18 but less than 21 | 2.00% | | 8 | 21 or greater | 2.00% | | 9 | 24 but less than 27 | 2.00% | | 10 | 27 or more | 2.00% |

b. Education Support Personnel (K-12). A two percent pay increase, beginning with the 2026-2027 fiscal year, shall be given to each support worker employed full-time by the Alabama Institute for Deaf and Blind. A separate local salary schedule shall be established and maintained for each specific job performed. The pay increase in this section shall be incorporated into the support employees’ salary schedules. The base rate of pay for part-time support employees shall be increased by two percent for the 2026-2027 fiscal year.

c. Miscellaneous Requirements. The AIDB board shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule for fiscal year 2026-2027 shall be increased to reflect the pay increase above to be given to each person employed for the 2026-2027 fiscal year and each year employed thereafter. The pay increase contained in this subdivision shall be paid to each employee.

(4) Two-Year Postsecondary Institutions. The Board of Trustees of the Alabama Community College System shall revise all salary schedules of the two-year postsecondary institutions to reflect an increase of two percent for the 2026-2027 fiscal year. The pay increase shall be given to each person employed in addition to any step increase to which the employee is otherwise entitled. The Alabama Community College System shall take proper steps to ensure that employees on all salary schedules are given full credit for prior work experience in the public schools and colleges, and shall take care to ensure proper placements on the salary schedules. Placement on the revised salary schedules shall be in accordance with the employee’s length of service in public education. No pay increase shall be given to any two-year postsecondary employee in excess of two percent, except as specifically provided in this subdivision.

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

a. Fiscal Year. All salaries and salary increases that are established by the State Board of Education shall be paid in full to each person employed before the end of the applicable fiscal year as defined in Section 16-1-1.

b. Extended Work. Public K-12 school employees on contracts that extend beyond 187 days, or the hourly equivalent thereof, shall be given a pro rata salary increment for each or partial day of work extending beyond 187 days.

c. Local Increment. Any cost-of-living adjustment or increase on the State Minimum Salary Schedule for teachers as provided in this section shall be exclusive of any local pay increase granted or due to teachers under provisions of any local salary schedule. Any cost-of-living adjustment or pay increase required by this section for public school support personnel shall be in addition to any pay increase due or granted to the employee under provisions of any local salary schedules. The pay increase provisions of this section shall not apply to any salary supplements granted by local boards of education, bonuses earned for certification by the National Board of Professional Teaching Standards, or the federal portion of the salary paid to a Junior Reserve Officer Training Corps (JROTC) instructor employed by a local school board.

d. Community Education. Each county and city board of education shall have the option to exclude from the provisions of this section any part-time employees of community education or school-sponsored child care or child enrichment program that is supplemental to the state-required educational program.

e. Local Chief Executive Officers. The pay increase provisions of this section shall not apply to superintendents of education of any school system or institution. Any pay increase given to the superintendent shall be by majority recorded vote of the governing body or authority.

(b) The pay increase granted in subsection (a) shall begin in fiscal year 2026-2027 and continue in subsequent years. Nothing in this section shall authorize additional pay increases in subsequent years.

(Act 2026-601, §§1, 2.)

§ 16-22-14 Personnel Records of Education Employees

(a) Definitions. When used in this section, the following words shall have the following meanings:

(1) EMPLOYEE. Any person employed by a school board.

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

(3) LOCAL EDUCATION AGENCY PERSONNEL SYSTEM (LEAPS). The data base established and maintained by the Alabama Department of Education for record keeping of all data related to certificated and non-certificated personnel at each board of education.

(4) PERSONNEL AND ENROLLMENT REPORTING SYSTEM (PERS). The data base established and maintained by the Alabama Department of Postsecondary Education for record keeping of all data related to personnel and enrollment at postsecondary institutions.

(5) PERSONNEL RECORD. All records, information, data, or materials pertaining to an employee kept by the executive officer of the school board or other employees of the school board in any form or retrieval system whatsoever.

(6) SCHOOL BOARD or BOARD OF EDUCATION or BOARD. As applied to employees in the public schools, grade kindergarten through grade 12, any county or city 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 only, the State Board of Education.

(b) Establishment and maintenance of records. Each board shall establish and maintain a personnel file on each employee. It shall be the responsibility of the executive officer of each school board to supervise the maintenance of personnel files and to maintain updated, complete, and accurate records.

(c) Employee access and response. The employee, or any person designated in writing by the employee, may, upon request, review all of the contents in his or her personnel file and receive copies of any documents contained in the file. No document shall be withheld from the employee or his or her representative. A representative of the employee may accompany him or her during the personnel file review. The employee may answer or object in writing to any material in his or her file and the answer or objection shall be attached to the appropriate material.

(d) Public access. This section is supplemental to the statutes which apply to the public’s access to government records. Public access to school personnel files is affirmed subject to the privacy rights rulings of the various federal and state courts.

(e) Work performance records. Any materials pertaining directly to work performance may be placed in the record of the employee and a copy of the materials shall be provided to the employee. Statements, reports, and comments relating to work performance, disciplinary action against the employee, suspension of the employee, or dismissal of the employee shall be reduced to writing and signed by a person reasonably competent to know the facts or make a judgment as to the accuracy of the subject information. Additional information related to the written materials previously placed in the personnel file may be attached to the material to clarify or amplify them as needed. A copy of all materials to be placed in an employee’s record which may tend to diminish the employee’s professional or work status or reflect adversely on the employee’s record of performance or character shall be provided to the employee.

(f) Anonymous materials. Any anonymous complaint or material received by a school official shall be immediately transmitted to the executive officer. If the material is deemed worthy of an investigation by the executive officer, it may be investigated. The results of the investigation shall be reduced to writing, signed by the executive officer, principal, or other designated official in charge of the complaint, dated, attached to the material in question, and placed in the personnel file of the employee. Any anonymous complaint which is not investigated within 30 calendar days of its receipt by the executive officer shall not be retained, but shall be destroyed.

(g) Transfer of information. Notwithstanding any other provision in this section to the contrary, the following provisions shall apply:

(1) The transfer of the personnel file or any parts, summation, or copies of the personnel file of the employee shall be effectuated upon the written request of the employee.

(2) The employer may transfer an employee’s personnel file or copies or parts thereof to another employer or prospective employer.

(3) The provisions contained in Section 16-22-6 shall remain in effect. Payroll deductions which the employee has authorized shall continue effective.

(4) Any documents which may be lawfully contained in the personnel file of an employee shall be made available to a lawfully authorized hearing officer or panel conducting an investigation into the competency or performance of the employee, and to all appropriate law enforcement officials. Statistical information on employees and former employees may be transmitted to the Department of Archives and History and to the State Department of Education for historical research and information.

(h) Policies. Written policies established by a school board pertaining to personnel files which are not inconsistent with this section may remain in effect, consistent with Section 16-1-30.

(i) This section shall be implemented by each school board no later than September 1, 1998.

(Act 98-374, p. 703, §§1, 3.)

§ 16-22-15 Notice of Personnel Vacancy; Board Policies; Emergency Situations

AMENDED BY ACT 2026-400, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) For the purposes of this section, the following words shall have the following meanings:

(1) BOARD OF EDUCATION or BOARD. All public county and city boards of education; the Board of Trustees of the Alabama Institute for Deaf and Blind; the Alabama Youth Services Department School 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 Trustees of the Alabama High School of Mathematics and Science; and the Board of Trustees of the Alabama Community College System as applied to two-year postsecondary education institutions.

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

(3) EMPLOYEES. Employees or personnel of the board except for the following:

a. Those employees covered under the Alabama state Merit System.

b. Those employees of the Alabama Institute for Deaf and Blind who work for the Alabama Industries for the Blind and those satellite employees at its regional centers.

(b) Each board of education, through its executive officer, shall post a notice of vacancy for each vacant personnel position. The notice shall be posted on the board website, at a minimum, or in a conspicuous place at each school campus and worksite, at least seven calendar days before the position is to be filled. In addition, any person or organization, upon request, shall receive electronic notification of personnel vacancies from the executive officer. The notice shall include, but not necessarily be limited to, all of the following:

(1) Job description and title.

(2) Required qualifications.

(3) Salary schedule and amount.

(4) Information on where to submit an application.

(5) Information on any deadlines for applying.

(6) Any other relevant information.

(c) If a personnel vacancy occurs during the time when the schools are in session, the vacancy notice shall be posted not less than seven calendar days before the position is to be filled. All vacancies involving jobs which are supervisory, managerial, or otherwise newly created positions shall nevertheless require posting notices of at least 14 calendar days.

(d) The board may adopt or continue policies which are not inconsistent with this section. The board may adopt policies to ensure the safety and welfare of its students during dire emergency situations, but the posting of a vacancy notice as required in this section shall not be abridged or delayed except in dire emergency circumstances and then delayed only temporarily in order to reasonably meet the conditions of the emergency. The adoption of additional policies shall comply with the requirements and procedures of Section 16-1-30 by all boards defined in this section.

(Act 98-147, p. 248, §1; Act 2018-260, §1.)

§ 16-22-15.1 Employment of Relatives

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

(1) BOARD, BOARD OF EDUCATION, or EXECUTIVE OFFICER. These terms shall have the same meaning as provided in Section 16-22-15.

(2) RELATIVE. The spouse, a dependant, an adult child or his or her spouse, a parent, a spouse’s parent, or a sibling or his or her spouse, of another person.

(b) Except as otherwise provided in this section, an executive officer may not recommend a relative for employment to his or her board.

(c) If a board publishes a vacancy announcement pursuant to Section 16-22-15 and a relative of the executive officer submits an application or otherwise seeks the advertised position, the executive officer shall take no further direct or indirect action regarding the posted vacancy. The executive officer shall submit the application to the chair of the board of education who shall select an impartial person to conduct any interview and make a determination as to whether to recommend the applicant to the full board for consideration and if so, issue a report in writing. The board shall consider the recommendation and written report without any comment or input from the executive officer.

(d) If a board publishes a vacancy announcement pursuant to Section 16-22-15 and a relative of a board member submits an application or otherwise seeks the advertised position, that member shall recuse himself or herself from any discussion, debate, consideration, or vote on the executive officer’s recommendation regarding that vacancy.

(e) If a board publishes a vacancy announcement pursuant to Section 16-22-15 and a relative of a principal or other supervisor who is charged with conducting interviews, vetting or recommending candidates, or otherwise taking part in the hiring process submits an application or otherwise seeks the advertised position, the principal or supervisor may not take any part in the hiring process, directly or indirectly, and any interviews, vetting, or recommendations shall be assigned by the executive officer to another administrator in the system who does not report to the disqualified principal or administrator.

(f) Following September 1, 2015, no person shall be eligible to apply for or be hired into a position for which his or her immediate supervisor would be a relative.

(g) A person may apply for and be hired into a position where a relative would be in the applicant’s chain of command if hired but would not be the applicant’s immediate supervisor, so long as the applicant’s supervisor made no recommendation, cast no vote, and otherwise had no direct or indirect involvement concerning the employee’s hiring.

(h) If a position is filled by a relative of an executive officer, board member, principal, or other supervisor, and a violation of this section occurs, any other applicant for the position shall have standing to bring a declaratory judgment action in the circuit court with jurisdiction over the board within 21 days of the board’s action to fill the position. If the court finds that this section was violated, the court shall declare the action of the board in hiring the relative null and void, order the executive officer and board to advertise the position again in accordance with Section 16-22-15, and declare the relative initially hired ineligible for employment in that position.

(i)(1) A person may not evaluate the performance of, have input into the compensation of, or otherwise set the terms and conditions of employment of a subordinate relative.

(2) If an executive officer receives a recommendation for a personnel action affecting his or her relative from the principal or other supervisor of that relative, the executive officer shall delegate a third party to take action or make a recommendation to the board as provided in subsection (c).

(j) Whoever violates this section is guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars ($500) or by imprisonment not to exceed one year, or both. A willful violation of this section shall subject the employee and the person or persons within the fourth degree of affinity or consanguinity of the employee to disciplinary action, up to and including termination.

(Act 2015-486, §2-5.)

§ 16-22-16 Registered Nurses Required

(a) The State Department of Education and the Alabama Institute for Deaf and Blind shall require the employment of school nurses in each local school system.

(b) There shall not be greater than five licensed practical nurses to one registered nurse within each school system. However, based upon individual circumstances, including specific medical needs and tasks which must be performed by a registered nurse as set forth in the Nurse Practice Act and the Administrative Code rules of the Alabama Board of Nursing, there may be a lower registered nurse to licensed practical nurse ratio within each school system.

(c) The allotment of school nurses shall be distributed so that each school system shall receive one registered nurse and an additional nurse or nurses or fraction of a nursing allocation based upon the average daily membership during the first 20 scholastic days after Labor Day of the preceding school year.

(d) Each local school superintendent shall designate one registered nurse for the entire school system whose responsibilities shall include annually providing a full and comprehensive assessment of all student health needs within that system. Based upon the assessment findings, the designated nurse shall make a recommendation to the local school superintendent concerning the implementation and coordination of student health needs.

(e) The State Department of Education shall employ a School Nurse Consultant, who shall be a registered nurse, to provide supervision of programs statewide and implement school nursing programs as established by the State Board of Education.

(f) At a minimum, all school nurses shall be paid according to the statewide salary schedule for school nurses which shall be included in the annual budget act for the public schools.

(g) The amounts necessary to meet the requirements of this section shall be appropriated in the annual budget act for the public schools and in the annual budget act for the Alabama Institute for Deaf and Blind. The funding for this requirement is contingent upon available revenue in the Education Trust Fund and appropriation by the Legislature.

(h) Funding provisions of the School Nurses Act shall be met once every public school in Alabama has a school nurse and a ratio of one state-funded school nurse for every 500 pupils exists statewide.

(i) This section shall be construed in pari materia with other laws, but to the effect that this section specifically conflicts with other laws in direct conflict with this section, then those laws or parts of laws are hereby repealed.

(Act 98-672, p. 1477, §§1, 3; Act 2009-280, p. 470, §1.)

§ 16-22-16.1 Hiring of Registered Nurses or Licensed Practical Nurses

The State Board of Education shall ensure that a registered nurse or a licensed practical nurse shall be hired in every public K-12 school from funds appropriated for that purpose.

(Act 2021-519, §2.)

§ 16-22-16.2 Mental Health Service Coordinator Employed by Each Local Board of Education and Independent School System; Mental Health Services

(a) Subject to appropriations by the Legislature, commencing with the 2023-2024 school year, each local board of education in the state shall employ a mental health service coordinator. The coordinator shall be responsible for coordinating student mental health services throughout the local school system.

(b) An individual hired as a coordinator shall possess at least one of the following qualifications:

(1) Have a bachelor’s degree in social work.

(2) Satisfy State Department of Education qualifications for a school counselor.

(3) Satisfy State Department of Education qualifications for a school nurse.

(4) Have professional mental health experience, or have been licensed in a mental health occupation including, but not limited to, licensure as a licensed professional counselor or marriage and family therapist.

(5) Other qualifications as determined by the Alabama Department of Mental Health and the State Department of Education.

(c) Within one year after being hired as a mental health service coordinator, an individual shall earn a school-based mental health certificate by successfully completing a certification program developed by the Alabama Department of Mental Health.

(d) On or before the last day of the 2021 fiscal year, and as requested thereafter, each local board of education shall complete and submit to the Alabama Department of Mental Health a needs assessment and resource map for the schools under the jurisdiction of the board. The assessment shall document the status of mental health for the entire school system and allow the local board of education to engage in a quality improvement process to improve the provision of mental health resources to students within the school system.

(e) The Alabama Department of Mental Health and the State Department of Education may adopt rules and policies as necessary for implementation of this section.

(f) The administration of this section shall be subject to appropriations made by the Legislature.

(g) As used in this section, the term “local board of education” and “school system” shall include the schools or school systems provided by Chapter 1 of Title 21; Chapters 26A, 26B, and 26D of this title; and Article 4 of Chapter 1 of Title 44.

(h)(1) For the purposes of this section: (i) “mental health services” includes services, treatment, surveys, or assessments relating to mental health, including, but not limited to, guidance counseling and any programming offered by an employee or independent contractor of a local board of education relating to mental health, suicide counseling, or bullying counseling; (ii) “parent” includes a student’s parent or legal guardian, as applicable; and (iii) “imminent threat” means a known or foreseeable danger that could occur in the immediate or near future.

(2)a. Except as provided in paragraph b., no student of a public K-12 school under 16 years of age may be allowed to participate in ongoing school counseling services including, but not limited to, mental health services, unless specific written instruction has been granted by the student’s parent. For the purposes of this section, this written permission is referred to as an opt in.

b. No school counselor or health care provider may be precluded from providing mental health services due to:

1. An imminent threat to the health of the student or others;

2. Suspected abuse, neglect, or exploitation; or

3. When there is an immediate necessity for immediate grief counseling.

(3) All local boards of education in this state shall adopt a policy concerning parent opt in for mental health services. At a minimum, each policy shall contain the following:

a. A provision for written notification, at least annually, to parents about school provided or sponsored mental health services. The notification shall include the purpose and general description of each of the mental health services, information regarding ways parents may review materials to be used in guidance and counseling programs that are available to students, and information regarding ways parents may allow, limit, or prevent their student’s participation in the programs.

b. A provision requiring written permission by a parent for his or her student to participate in mental health services. This written permission shall be specific as to any treatment and not broad in nature. This permission shall also be required annually and may be rescinded at any time by providing written notice to school administration.

c. If a parent elects to opt in to mental health services for his or her student, the counselor providing the services shall keep the parent fully informed regarding diagnosis, recommended counseling, or treatments, and the parent shall have the authority to make final decisions regarding counseling and treatments.

d. A provision requiring all records pertaining to mental health services to be treated as health care records and kept separately from academic records.

(i) Nothing in this section shall limit, preclude, or prevent the provision of any health care service to a minor when the health care provider providing the service has a good faith belief that one of the following conditions exist in regard to the minor:

(1) An imminent threat, as defined in subsection (h).

(2) Suspected abuse, neglect, or exploitation.

(Act 2022-442, §1; Act 2025-455, §1.)

§ 16-22-17 Payroll Deductions for Participation in Statewide Programs

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

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

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

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

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

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

(Act 99-382, p. 608, §§1, 2.)

§ 16-22-18 Annual Stipend or Supplement for Certified Counselors

(a) Public elementary and secondary school counselors who were certified as nationally certified school counselors by the National Board for Certified Counselors prior to January 1, 2003, shall receive the same annual stipend or supplement as is provided for public school counselors who have received certification from the National Board for Professional Teaching Standards. The annual budget act for public education shall contain an appropriation of at least five thousand dollars ($5,000) for each qualified public school counselor certified by the National Board for Certified Counselors. Nothing in this section shall imply or be interpreted as a right to additional compensation for any prior school year.

(b) Effective in 2013, upon certificate renewal, all public elementary and secondary school counselors meeting the qualifying criteria as set forth in this section shall obtain school counseling certification by the NBPTS or forfeit their annual stipend.

(Act 2006-507, p. 1150, §§1-3.)

§ 16-22-19 Annual Stipend or Supplement for School Principals

Commencing on January 1, 2013, any public elementary or secondary school principal who receives national board certification from the National Board for Professional Teaching Standards shall receive the same annual stipend or supplement as is provided for public school teachers and public school counselors who have received certification from the National Board for Professional Teaching Standards. Nothing in this section shall imply or be interpreted as a right to any additional compensation for any prior school year.

(Act 2012-263, p. 509, §2.)

§ 16-22-20 Technology Director in Public K-12 Schools

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

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

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

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

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

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

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

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

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

a. Roles and responsibilities;

b. Laws, ethics, and policies;

c. Data management and governance;

d. Teaching and learning;

e. Information technology management and cybersecurity; and

f. Technology planning and budgeting.

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

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

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

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

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

(3) The Alabama Leaders in Educational Technology shall maintain records for the professional development program and verify completion annually to the State Department of Education.

(Act 2024-444, §1.)

Chapter 22A Alabama Child Protection Act of 1999

Article 1 Criminal History Background Information Checks on Applicants for Certification, Applicants for Employment, Nonpublic Current Employees, and Current Employees Under Review

§ 16-22A-1 Short Title; Purpose

This chapter shall be known and cited as the Alabama Child Protection Act of 1999. Article 1 provides the procedure for conducting criminal history background information checks on all applicants for certification, public and nonpublic applicants for employment, nonpublic current employees, and current employees under review. Article 2 provides the procedure for conducting criminal history background information checks on current public certified and noncertified employees.

(Act 99-361, p. 566, §1; Act 2002-457, p. 1171, §1.)

§ 16-22A-2 Legislative Intent

Under the National Child Protection Act of 1993, Public Law 103-209, 42 U.S.C. 5119, et seq., the states are required to implement a computerized information system to provide child abuse crime information through the Federal Bureau of Investigation National Criminal History Record Information System and may conduct a nationwide criminal history background information check for the purpose of determining whether an individual who will have unsupervised access to children is suitable for employment or has been convicted of a crime that bears upon the fitness of the individual to teach or have responsibility for the safety and well-being of children as defined in this chapter.

The Legislature finds that there is a compelling state interest and it is in the best interest of the children of Alabama to protect them from those persons who may inflict physical or mental injury or abuse, sexual abuse or exploitation, or maltreatment or other mistreatment upon children. Therefore, in establishing the Alabama Child Protection Act of 1999, it is the intent of the Legislature to provide for the implementation of a system that allows the State Superintendent of Education, local boards of education, and other nonpublic schools to ensure that prospective employees and current employees are suitable for employment and have not been convicted of a crime that bears upon their fitness to teach or to have responsibility for the safety and well-being of children as defined in this chapter.

(Act 99-361, p. 566, §2; Act 2002-457, p. 1171, §1.)

§ 16-22A-3 Definitions

When used in this chapter only, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) APPLICANT. A certified or noncertified individual who submits an application for employment to a local employing board or any nonpublic school, to act in any capacity in which the individual will have unsupervised access to children in an educational environment.

(2) APPLICANT FOR CERTIFICATION. An individual who submits an application for certification issued by the State Superintendent of Education.

(3) AUTHORIZED EMPLOYER. Any educational entity authorized to obtain criminal history background information, including the State Department of Education, local employing boards, and nonpublic schools which are responsible for hiring employees or contracting with private employers to provide personnel who have unsupervised access to children in an educational setting.

(4) CERTIFIED APPLICANT FOR EMPLOYMENT. A certified individual who submits an application for employment to a local employing board or any nonpublic school to act in any capacity in which the individual will have unsupervised access to children in an educational environment.

(5) CHIEF EXECUTIVE OFFICER. The State Superintendent of Education; the superintendent of any public county or city school system; the President of the Alabama Institute for Deaf and Blind; the Executive Director of the Alabama School of Fine Arts; the Superintendent of the Department of Youth Services School District; the Executive Director of the Alabama High School of Mathematics and Science; the superintendent of any nonpublic school, or in the absence of a superintendent, the headmaster of any nonpublic school; and the head of any department or employer covered by this chapter but not specifically enumerated herein.

(6) CHILD or CHILDREN. Any person under the age of 19 years, or any youth who suffers from a disability thereby rendering the youth a child for the purpose of receiving elementary and secondary education at public expense, notwithstanding their chronological age.

(7) CRIMINAL HISTORY BACKGROUND INFORMATION CHECK. The review of any and all records containing any information collected and stored in the criminal record repository of the Federal Bureau of Investigation, the Alabama Department of Public Safety, or any other repository of criminal history records, involving a pending arrest or conviction by a criminal justice agency, including, but not limited to, child abuse crime information as defined by 42 U.S.C. 5119, the National Child Protection Act of 1993, conviction record information, fingerprint cards, correctional induction and release information, identifiable descriptions and notations of convictions; provided, however, dissemination of such information is not forbidden by order of any court of competent jurisdiction or by federal law. Criminal history background information shall not include any analytical records or investigative reports that contain criminal intelligence information or criminal investigation information.

(8) CURRENT EMPLOYEE.

a. Any person who is employed by a local employing board or nonpublic school who has or seeks to have unsupervised access to a child or children in an educational setting.

b. Any person employed to serve an authorized employer as defined in this chapter, including those individuals that provide services to local employing boards or nonpublic schools, when the person so employed has unsupervised access to children in an educational environment.

(9) CURRENT EMPLOYEE UNDER REVIEW. Any current employee whose professional certificate or employment status is under review based upon reasonable suspicion.

(10) CURRENT PUBLIC CERTIFIED EMPLOYEE.

a. Any person certified by the State Superintendent of Education who is employed by a local employing board and who has or seeks to have unsupervised access to a child or children in an educational setting.

b. Any person certified by the State Superintendent of Education who is employed to serve a local employing board, including those individuals that provide services to local employing boards, when the person so employed has unsupervised access to children in an educational environment.

c. Any person certified by the State Superintendent of Education who is employed by the State Department of Education and whose responsibilities include work in the public schools of the state, as determined by the State Superintendent of Education.

(11) CURRENT PUBLIC NONCERTIFIED EMPLOYEE.

a. Any person not certified by the State Superintendent of Education who is employed by a local employing board and who has or seeks to have unsupervised access to a child or children in an educational setting.

b. Any person not certified by the State Superintendent of Education who is employed to serve a local employing board, including those individuals that provide services to local employing boards, when the person so employed has unsupervised access to children in an educational environment.

c. Any person not certified by the State Superintendent of Education who is employed by the State Department of Education and whose responsibilities include work in the public schools of the state, as determined by the State Superintendent of Education.

(12) EDUCATIONAL ENVIRONMENT OR SETTING. Any building, structure, or location whether public or private property, or vehicle, utilized to or involved in the providing of education, training, instruction, or supervision to children or transportation in connection with such activity provided by a local employing board or nonpublic school.

(13) LOCAL EMPLOYING BOARD. Any public county or city school system which falls under the jurisdiction of the State Board of Education and the State Superintendent of Education, the Alabama Institute for Deaf and Blind, the Alabama School of Fine Arts, the Department of Youth Services School District, the Alabama High School of Mathematics and Science, and any public educational employer covered by this chapter but not specifically enumerated herein.

(14) NONCERTIFIED APPLICANT FOR EMPLOYMENT. Any person not certified by the state who submits an application for employment to a local employing board or any nonpublic school, to act in any capacity in which the individual will have unsupervised access to children in an educational environment.

(15) NONPUBLIC SCHOOL. Any nonpublic or private school, including parochial schools, not under the jurisdiction of the State Superintendent of Education and the State Board of Education, yet providing educational services to children. Parents engaged in the home schooling of their own children are specifically excluded from this chapter.

(16) REASONABLE SUSPICION. Belief by a prudent person that reasonable articulable grounds exist to suspect that the past or present behavior of an employee should be reviewed to determine if such behavior or conduct bears upon the fitness of the employee to teach or have responsibility for the safety and well-being of children, or both, as defined in this chapter.

(17) SUITABILITY CRITERIA.

a. Suitability Criteria for Nonpublic Employment. Pertains to an applicant for employment, nonpublic current employee, or a current employee under review in a nonpublic school. An individual who has not been convicted of a child abuse crime, as defined herein as a crime committed under the law of the state that involves the physical or mental injury, sexual abuse or exploitation, or maltreatment of a child, shall be deemed suitable for employment.

b. Suitability Criteria for Public Employment. Pertains to an applicant for certification, certified applicant for employment, current public certified employee, current public noncertified employee, and current employee under review in a public school. An individual who has not been convicted of a child abuse crime, as defined herein as a crime committed under the law of the state that involves the physical or mental injury, sexual abuse or exploitation, or maltreatment of a child, or who has not been convicted of a crime which would bear upon the fitness of the employee to teach or have responsibility for the safety or well-being of children, or both, shall be deemed suitable for employment. Factors considered in determining whether a conviction bears a reasonable relationship to the fitness of a current employee or applicant include:

1. The likelihood that the conduct may adversely affect children or fellow employees.

2. The degree of such adversity anticipated.

3. The proximity or remoteness in time of the conduct.

4. The type of certificate held by the individual, if applicable.

5. Any extenuating or aggravating circumstances surrounding the conduct.

6. The praiseworthiness or blameworthiness of the motives resulting in the conduct.

7. The likelihood of the recurrence of the questioned conduct.

8. The extent to which disciplinary or employment action may inflict an adverse impact or chilling effect upon the constitutional rights of the individual or other employees.

9. Any other factor that is relevant to determining whether the individual is fit to have unsupervised access to a child or children.

(18) UNSUPERVISED ACCESS TO A CHILD OR CHILDREN. During the providing of education, training, instruction, supervision to children, or other employment related activities or responsibilities, a person would have unaccompanied control, governance, or contact with a child or children.

(19) WRITTEN CONSENT. A signed statement by the applicant, a current employee, or a current employee under review containing all of the following:

a. The name, address, date of birth, race, gender, and Social Security number appearing on a valid identification document as defined in subsection (d) of 18 U.S.C. 1028.

b. A statement that the applicant or current employee under review has not been convicted of a crime that bears upon the fitness of the applicant or employee to teach or to have responsibility for the safety and well-being of children as defined in this chapter, and if convicted of such a crime, a description of the crime and the particulars of the conviction.

c. Notice to the applicant or current employee under review, where reasonable suspicion exists regarding the current employee, that a background information check is going to be requested.

d. Notice to the applicant, current employee, or current employee under review who is the subject of the background information check of the right to obtain a copy of the background information check report, challenge the accuracy and completeness of any information contained in the report, and to obtain a prompt determination as to the validity of such challenge before a decision to retain or hire for employment is made by the employer.

e. Notice to the applicant or current employee under review that before a background information check is made, the applicant may be denied unsupervised access to children or the opportunity to serve based upon the information contained in the criminal history background information check or that employment or service or both may be restricted by the employing entity according to written policy.

f. Notice to the applicant that refusal to give written permission for a criminal history background information check will result in the applicant not being hired.

g. Notice to the applicant that failure to reveal a prior conviction that would bear upon the fitness of the individual to teach or to have responsibility for the safety and well-being of children, or any other convictions, may cause the applicant, if later employed, to face dismissal, in accordance with existing applicable statutes, for falsifying the employment application information.

h. Notice to the applicant, current employee, or current employee under review of his or her due process rights.

i. Notice to the applicant, current employee, or current employee under review, seeking employment or employed by a nonpublic school, that the State Superintendent of Education will provide a suitability determination based upon the Alabama Bureau of Investigation and Federal Bureau of Investigation criminal history background information reports and the suitability criteria for nonpublic employment defined herein to the chief executive officer of the nonpublic school.

(Act 99-361, p. 566, §3; Act 2000-274, p. 433, §1; Act 2002-457, p. 1171, §1.)

§ 16-22A-4 Initiation of Request for Criminal History Background Check

Any person who wishes to initiate a request for a criminal history background check of a current employee shall be required to provide a written signed statement to the designated chief executive officer of an authorized employer containing the reasonable articulable grounds supporting a request and initiation of review.

(Act 99-361, p. 566, §4.)

§ 16-22A-5 Agencies Required to Conduct Criminal History Background Information Checks

(a) A criminal history background information check shall be conducted on all applicants seeking positions with, and on all current employees under review employed by any local employing board, and any State Department of Education personnel as determined by the State Superintendent of Education, who have unsupervised access to and provide education, training, instruction, or supervision for children in an educational setting.

(b) A criminal history background information check shall be conducted on all applicants seeking positions with, and on all current employees and current employees under review employed by any nonpublic school, who have unsupervised access to or who provide education, training, instruction, or supervision for children in an educational setting.

(c) No institution listed in subsection (a) or subsection (b) shall hire an individual who may have unsupervised access to a child without first obtaining a criminal history background information check, except on a temporary emergency basis. In the event that this exception is used and a position is filled by the employer due to exigent circumstances, the applicant so employed may be placed on payroll until such time as a criminal history background information check on the employee is completed.

(d) Nationwide criminal history background information reports for applicants for certification, certified applicants for public employment, noncertified applicants for public employment, and public current employees under review shall be sent directly from the Department of Public Safety to the State Department of Education within a reasonable time from the receipt of the report from the Alabama Bureau of Investigation.

(e) Nationwide criminal history background information reports for nonpublic school applicants for employment, current employees, and current employees under review shall be sent directly from the Department of Public Safety to the State Department of Education within a reasonable time from the receipt of the report from the Alabama Bureau of Investigation. Thereafter, the State Superintendent of Education shall review the criminal history background information report and determine whether the applicant for employment, current employee, or current employee under review satisfies the suitability criteria for nonpublic employment. The State Superintendent of Education shall issue a suitability determination to the chief executive officer of the nonpublic school requesting the determination.

(f) Mandatory criminal history background information checks shall be performed by the Department of Public Safety upon request by any public entity authorized to make a request and shall be forwarded to the State Department of Education. The Department of Public Safety shall provide an Alabama Bureau of Investigation criminal history background information check within a reasonable time of the receipt of such request. Criminal history background information checks shall be requested by the Department of Public Safety from the Federal Bureau of Investigation within a reasonable time of receipt of such request.

(g) The Department of Public Safety, upon receipt of the criminal history background information report from the Federal Bureau of Investigation, shall forward such report to the State Department of Education within a reasonable time of the receipt of the report by certified mail. The fee charged for mandatory criminal history background information checks shall not exceed the statutory and regulatory amounts set under existing guidelines nor shall additional administrative fees of any kind, except for the cost of mailings, be charged which would increase the cost of the criminal history background information check. An applicant for employment and an applicant for certification are responsible for the cost of their criminal history background information check. The employer is responsible for the cost of the criminal history background information check on a current employee under review. The State Department of Education is responsible for the cost of the criminal history background information check on a nonpublic current employee, unless a court of competent jurisdiction determines that public funds may not be used for this purpose, then the employer or employee shall pay the cost. If a noncertified applicant for employment is determined by the chief executive officer of the prospective employer to be financially unable to pay the costs of a criminal history background information check, the prospective employer may pay the fee associated with the criminal history background information check.

(h) The following persons shall obtain a signed and dated written consent to obtain criminal history background information checks for applicants, nonpublic current employees, and current employees under review who have or seek to have unsupervised access to children in an educational setting as provided in subsections (a) and (b):

(1) Persons designated by the public local employing board.

(2) Persons designated by the State Department of Education.

(3) Persons designated by any other nonpublic school.

(i) Refusal by an applicant for certification, applicant for employment, nonpublic current employee, or current employee under review to sign and date a consent to obtain a criminal history background information check and to provide two acceptable sets of fingerprints shall result in the preclusion of employment or certification of the applicant for certification or applicant for employment, or the continued employment or certification in a position requiring unsupervised access to children of the nonpublic current employee or current employee under review, until such time as written permission has been given to the local employing board, State Department of Education, or other appropriate chief executive officer to conduct the criminal history background information check.

(j)(1) No current employee under review shall be subjected to a criminal history background information check for political or personal reasons. A review of a current employee under review, which may be conducted at any time, irrespective of whether a prior criminal history background information check has been conducted on the employee, shall be based upon reasonable suspicion.

(2) A current employee under review shall be apprised in writing of the reasons supporting a request for a criminal history background information check, including the grounds supporting reasonable suspicion, and shall be provided the opportunity to supply additional information on his or her behalf to the employer. Any personnel action taken against the current employee under review shall be in accordance with all applicable state and federal laws as well as any adopted applicable local policies or procedures.

(Act 99-361, p. 566, §5; Act 2002-457, p. 1171, §1.)

§ 16-22A-6 Request from Schools for Criminal History Background Information Check

(a) The State Department of Education, or other public authorized employer responsible for hiring employees who will have unsupervised access to children in an educational setting, shall request through the State Department of Education, that the Department of Public Safety secure from both the Alabama Bureau of Investigation and Federal Bureau of Investigation a criminal history background information check on each applicant for certification, certified applicant for public employment, noncertified applicant for public employment, and public current employee under review.

(b) Any nonpublic school in which an individual may have unsupervised access to children in an educational setting, shall through its duly authorized representative under guidelines established by the nonpublic school employer, request that the Department of Public Safety secure a state criminal history background information check from the Alabama Bureau of Investigation and a nationwide criminal history background information check from the Federal Bureau of Investigation, on each applicant for nonpublic employment, nonpublic current employee, and nonpublic current employee under review.

(c) A request to the Department of Public Safety for a criminal history background information check on an applicant for certification, applicant for employment, nonpublic current employee, and current employee under review shall be accompanied by the following:

(1) Two complete functional sets of fingerprints, properly executed by a criminal justice agency or an individual properly trained in fingerprinting techniques.

(2) In the case of public education employment, written consent from the applicant for certification, certified applicant for public employment, noncertified applicant for public employment, or public current employee under review for the release of criminal history background information to the State Superintendent of Education and a specifically designated representative of the State Department of Education authorized to make the request.

(3) In the case of nonpublic school employment, written consent from the applicant for employment, nonpublic current employee, or current employee under review for the release of criminal history background information to the State Superintendent of Education.

(4) A nonrefundable fee to be paid by the applicant or educational entity requesting the criminal history background information check which shall conform to the guidelines promulgated pursuant to 42 U.S.C. 5119, the National Child Protection Act of 1993, and state law. An applicant for employment shall not be required to pay the fee until the authorized employer is prepared to employ the applicant and request the criminal history background information check. An applicant for certification shall be required to submit two complete acceptable sets of fingerprints and the fee for the criminal history background information check at the time his or her application for certification is submitted to the State Department of Education. If two sets of acceptable fingerprints and the appropriate fee are submitted to the State Department of Education and a criminal history background information check is not performed, the fee shall be refunded to the applicant or educational entity that paid the fee for the criminal history background information check.

(Act 99-361, p. 566, §6; Act 2002-457, p. 1171, §1.)

§ 16-22A-7 Responsibilities of Individuals to Provide Information

(a) An applicant for certification, applicant for public employment, or public current employee under review with the State Department of Education or local employing board, who has or will have unsupervised access to a child or children in an educational setting, shall, upon request, submit the following items to the State Department of Education:

(1) Two functional acceptable fingerprint cards, bearing the fingerprints of the individual, properly executed by a criminal justice agency or other individual properly trained in fingerprinting techniques.

(2) Written consent authorizing the release of any criminal history background information to the State Department of Education.

(3) Acknowledgment that the applicant for certification, applicant for public employment, or public current employee under review received notice that the State Superintendent of Education will provide a suitability determination, based upon criminal history information reports and suitability criteria for public employment, to the applicant, current employee under review, and local employing board.

(4) A nonrefundable fee in the amount and manner specified by the Department of Public Safety. Any fee required in conjunction with a criminal history background information check of a public current employee under review shall be paid by the requesting employing entity.

(b) An applicant for nonpublic employment, nonpublic current employee, or nonpublic current employee under review, who has or will have unsupervised access to a child or children in an educational setting, shall, upon request, submit the following items to the chief executive officer of the nonpublic school who shall forward such information to the Department of Public Safety:

(1) Two functional acceptable fingerprint cards, bearing the fingerprints of the individual, properly executed by a criminal justice agency or other individual properly trained in fingerprinting techniques.

(2) Written consent authorizing the release of any criminal history background information to the State Superintendent of Education.

(3) Acknowledgment that the applicant for nonpublic employment, nonpublic current employee, or nonpublic current employee under review received notice that the State Superintendent of Education will provide a suitability determination based upon the Alabama Bureau of Investigation and Federal Bureau of Investigation criminal history information reports and the suitability criteria for nonpublic employment defined herein to the chief executive officer of the nonpublic school.

(4) A nonrefundable fee in the amount and manner specified by the Department of Public Safety. Any fee required in conjunction with a criminal history background information check of a nonpublic current employee under review shall be paid by the requesting employing entity. Any fee required in conjunction with a criminal history background information check of a nonpublic current employee shall be paid by the State Department of Education, unless a court of competent jurisdiction determines that public funds may not be used for this purpose, then the fee shall be paid by the employer or the employee.

(c) The State Department of Education, local employing board, or other authorized public educational employer, may only request a criminal history background information check on a current employee or a current employee under review, who has unsupervised access to a child or children in an educational setting, through the chief executive officer.

(d) A nonpublic school employer may only request a criminal history background information check on a current employee or a current employee under review, who has unsupervised access to a child or children in an educational setting, through the chief executive officer of the nonpublic school employer.

(Act 99-361, p. 566, §7; Act 2002-457, p. 1171, §1.)

§ 16-22A-8 Fingerprint Training Courses

(a) The Department of Public Safety and the State Department of Education shall cooperatively schedule sufficient training throughout the state to train all local superintendents of education, or their duly appointed representatives, in proper fingerprinting techniques.

(b) The chief executive officers of nonpublic schools shall arrange with the Department of Public Safety for sufficient training in proper fingerprinting techniques of their superintendent, headmaster, or other duly appointed representatives.

(c) The Department of Public Safety shall notify the State Superintendent of Education regarding the dates and times of scheduled training sessions. The State Superintendent of Education shall then notify all local superintendents of education.

(d) Nonpublic schools required or desiring to participate in fingerprint training sessions shall contact the Department of Public Safety for information concerning dates, times, and cost of training.

(e) The State Superintendent of Education and the Department of Public Safety shall train sufficient personnel to ensure implementation of this chapter.

(f) Nonpublic school employers required to submit fingerprint cards pursuant to this article shall properly train their own representatives to ensure the implementation of this article.

(g) The Department of Public Safety may charge a reasonable fee for the training on proper fingerprinting techniques, provided that the fee is standard and equal for all participants in the program, regardless of whether the participant represents a public or nonpublic entity.

(h) The Department of Public Safety shall furnish standard fingerprint cards to the State Department of Education, local employing boards, and, upon request, to nonpublic schools to be used only by those personnel who have been trained in proper fingerprinting techniques.

(Act 99-361, p. 566, §8; Act 2002-457, p. 1171, §1.)

§ 16-22A-9 Collection and Transfer of Fingerprints, Fees, and Information

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(h) Upon receipt of the criminal history background information report from the Federal Bureau of Investigation, the State Superintendent of Education shall review the information in the report pursuant to subsection (e) of Section 16-22A-5, and determine whether the nonpublic applicant for employment, nonpublic current employee, or nonpublic current employee under review satisfies the suitability criteria for nonpublic employment. The State Superintendent of Education shall issue a suitability determination to the chief executive officer of the nonpublic school requesting the determination.

(Act 99-361, p. 566, §9; Act 2002-457, p. 1171, §1.)

§ 16-22A-10 Confidentiality of Information

(a)(1) Any criminal history background information reports received by the State Department of Education from the Department of Public Safety shall be confidential, conspicuously marked as confidential, and not further disclosed or made available for public inspection.

(2) Any criminal history background information report received by a local employing board from the State Department of Education shall be confidential, conspicuously marked as confidential, and not further disclosed or made available for public inspection.

(b) All criminal history background information reports are specifically excluded from any requirement of public disclosure as a public record as the Legislature finds these documents to be sensitive personnel records.

(c) Transmittal of any criminal history background information at any time shall be accomplished in a nontransparent package, sealed, and marked confidential with instructions to be opened only by the person named on the package and authorized to receive the information pursuant to this chapter.

(d) Without additional public disclosure, the following actions shall not be construed to violate this section:

(1) Showing the report of criminal history background information to the applicant for certification, applicant for employment, current employee, or current employee under review to give him or her the opportunity to challenge the report.

(2) Releasing the report to a court of competent jurisdiction in the event of litigation brought by the applicant for certification, applicant for employment, current employee, or current employee under review.

(3) Use of the information in preparation, investigation, and presentation during administrative proceedings involving revocation of certification or suitability determination brought by the State Superintendent of Education, termination by the employer, or restriction on unsupervised access to a child in an educational setting.

(e) Any person having access to criminal history background information check reports and releasing same as provided herein, shall be required to maintain a register consistent with the National Child Protection Act of 1993, Public Law 103-209, 42 U.S.C. 5119, et seq.

(f) Nothing in this chapter shall be construed to prohibit the distribution of employment or certification status through the National Association of State Directors of Teacher Education and Certification Educator Identification Clearinghouse.

(Act 99-361, p. 566, §10; Act 2002-457, p. 1171, §1.)

§ 16-22A-11 Rules and Regulations

The State Department of Education and the Department of Public Safety may adopt rules and regulations to implement the procedures and requirements of this chapter.

(Act 99-361, p. 566, §11.)

§ 16-22A-12 Penalties

(a) Violations. Any person convicted of any of the following actions under this chapter shall be guilty of a Class A misdemeanor:

(1) Violating the confidentiality of records provisions.

(2) Violating lawfully adopted policies which are provided for in this chapter.

(3) Knowingly, willfully, and intentionally making or transmitting a false report or complaint against any current employee, current employee under review, or applicant without reason to believe the accuracy of such report or complaint.

(b) False information or failure to disclose. Any person who knowingly submits false information concerning past convictions on an application for employment may be subject to loss of employment under provisions for termination according to applicable existing statutes and to the loss of any certificate issued by the State Superintendent of Education under this chapter.

(Act 99-361, p. 566, §12; Act 2002-457, p. 1171, §1.)

§ 16-22A-13 Liability

An authorized employer shall not be liable in any action for damages solely for failure to conduct a criminal history background information check on an educational employee pursuant to this chapter if such failure is due to reasonable time constraints of background check backlogs, nor shall the state or political subdivision thereof, nor any agency, officer, or employee thereof, be liable in any action for damages for the failure of a qualified entity to take action adverse to an individual who was the subject of a criminal history background information check. Neither the State Superintendent of Education, the State Department of Education, nor any agent thereof shall be liable in civil court in an action for damages arising out of any suitability determination. Nothing herein shall be construed as a waiver of any sovereign or qualified immunity.

(Act 99-361, p. 566, §13; Act 2002-457, p. 1171, §1.)

§ 16-22A-14 Exceptions - Nonpublic Schools

If a nonpublic school wishes not to do the fingerprinting procedure of their applicants, current employees, or current employees under review, they shall not be required to do so, then the applicant for nonpublic employment, nonpublic current employee, or nonpublic current employee under review shall request a criminal history background information check through the local employing board in the city or county in which the nonpublic school is located.

(Act 99-361, p. 566, §14; Act 2002-457, p. 1171, §1.)

§ 16-22A-15 Exceptions - Church Officials

The provisions of this chapter shall not apply to any pastor, priest, rabbi, clergyman, or other church official except when acting in the capacity of a full-time regular classroom teacher.

(Act 99-361, p. 566, §15; Act 2002-457, p. 1171, §1.)

§ 16-22A-16 Construction

Except as expressly specified in this chapter pertaining to criminal history background information checks of applicants for nonpublic employment, nonpublic current employees, and nonpublic current employees under review, nothing in this chapter shall be construed to establish state control over curriculum or the selection of personnel in private or parochial/church schools, nor is this chapter intended to establish additional regulatory authority over private or parochial/church schools.

(Act 99-361, p. 566, §16; Act 2002-457, p. 1171, §1.)

§ 16-22A-17 Disposition of Fees

All fees received by the Department of Public Safety for criminal history background information checks and fingerprint training courses conducted pursuant to this chapter shall be deposited to the Public Safety Automated Fingerprint Identification System Fund, to be appropriated to and expended by the Department of Public Safety in accordance with Section 32-2-61.

(Act 99-361, p. 566, §17.)

§ 16-22A-18 Repealer

This chapter is supplementary to and shall be construed in pari materia with other laws. To the extent that this chapter specifically conflicts with other laws pertaining to criminal history background information checks, this chapter shall take precedence. Nothing contained within this chapter shall be construed to diminish, reduce, or conflict with the authority of the State Superintendent of Education to interpret and apply federal and state education law for the State of Alabama. Those portions of Sections 26-20-1 through 26-20-6 relating to criminal background checks of public, private, parochial, and home school employees are repealed.

(Act 99-361, p. 566, §18; Act 2002-457, p. 1171, §1.)

Article 2 Criminal History Background Checks of Current Public Certified and Current Public Noncertified Employees

§ 16-22A-30 Criminal Background Information Checks of Current Public Employees

(a) A criminal history background information check shall be conducted on all current public certified employees and all current public noncertified employees employed by a local employing board, and any State Department of Education personnel, as determined by the State Superintendent of Education, who have unsupervised access to and provide education, training, instruction, or supervision for children in an educational setting.

(b) Each current public certified employee and current public noncertified employee employed by a local employing board shall be notified by the State Department of Education that the State Superintendent of Education will provide a suitability determination, based upon convictions, pending criminal charges, and suitability criteria for public employment, to his or her local employing board. Each current public certified employee and current public noncertified employee shall also be notified by the State Department of Education of his or her right to obtain a copy of the criminal history background information reports, challenge the accuracy and completeness of any information contained in the reports, to supply additional information on his or her behalf to the State Department of Education, and obtain a prompt determination as to the validity of such challenge before a final suitability determination regarding the current public certified employee and current public noncertified employee is made by the State Department of Education. Any personnel action taken against a current public certified employee or current public noncertified employee shall be in accordance with all applicable state and federal laws as well as any adopted applicable local policies or procedures.

(c) Any fee required in conjunction with a criminal history background information check of a public current employee shall be paid by the State Department of Education, subject to Section 16-22A-34.

(Act 2002-457, p. 1171, §2.)

§ 16-22A-31 Written Consent; Additional Check

(a) The following persons shall obtain a signed and dated written consent to obtain criminal history background information checks for current public certified employees and current public noncertified employees who have or seek to have unsupervised access to children in an educational setting:

(1) Persons designated by the public local employing board.

(2) Persons designated by the State Department of Education.

(b) Refusal by a current public certified employee and current public noncertified employee to sign and date a consent to obtain a criminal history background information check and to provide two acceptable sets of fingerprints shall result in the preclusion of continued employment or certification of the employee in a position requiring unsupervised access to children, until such time as written permission has been given to the local employing board to conduct the criminal history background information check.

(c) If a current public certified employee or current public noncertified employee has completed a criminal history background information check pursuant to this chapter after July 1, 1999, he or she shall not be subject to an additional criminal history background information check pursuant to this chapter based only upon his or her status as a current public certified employee or current public noncertified employee. Such an employee may be subject to an additional criminal history background information check pursuant to this chapter if the employee has the status of current employee under review.

(Act 2002-457, p. 1171, §2.)

§ 16-22A-32 Collection of Fingerprints; Submission of Materials

(a) Each local employing board and other public educational entity required to obtain criminal history background information checks of current public certified employees and current public noncertified employees pursuant to this article shall cooperate with the State Department of Education in obtaining two complete acceptable sets of fingerprints and written consent from each current employee who has or seeks to have unsupervised access to a child or children.

(b)(1) Each local employing board and other public educational entity shall, upon request, submit the following items to the State Department of Education for each current public certified employee and current public noncertified employee:

a. Two functional acceptable fingerprint cards, bearing the fingerprints of the individual, properly executed by an individual properly trained in fingerprinting techniques.

b. Written consent authorizing the release of any criminal history background information to the State Department of Education.

c. Acknowledgment that the current public certified employee or current public noncertified employee received notice that the State Superintendent of Education will provide a suitability determination, based upon criminal history information reports and suitability criteria for public employment, to the current public certified employee, current public noncertified employee, and local employing board.

(2) When a local employing board or other public authorized employer sends the items listed in subdivision (1) to the State Department of Education, the State Department of Education shall record receipt of the items and forward them to the Department of Public Safety to request a criminal history background information check.

(c) Fingerprints of individuals subject to this chapter may be obtained by the State Department of Education through the use of digital fingerprint machines, if available, or by any other appropriate means. Fingerprinting of current employees shall be conducted at locations that are convenient to current employees, during reasonable business hours, and at no charge to the current employee. For purposes of this section, convenient locations for fingerprinting current employees include, but are not limited to, central education offices and other education facilities. Mobile units may be utilized at these locations. Fingerprinting of current employees may not be conducted at a criminal justice agency or law enforcement or correctional office or facility.

(Act 2002-457, p. 1171, §2.)

§ 16-22A-33 Submission of Additional Reports; Suitability Determination

Upon request of the State Superintendent of Education, the Department of Public Safety shall request and obtain nationwide criminal history background information reports from the Federal Bureau of Investigation and statewide criminal history background information reports from the Alabama Bureau of Investigation for each current public certified employee and current public noncertified employee within a reasonable time after receipt of the request. Within a reasonable time after receipt of the reports, the Department of Public Safety shall submit both the nationwide and statewide criminal history background information reports directly to the State Department of Education.

(1) If the criminal history background information reports pertain to a current public certified employee, the State Superintendent of Education shall review the criminal history record information reports and make a diligent effort to determine the final disposition of any arrests. The State Superintendent of Education shall review the convictions which would bear on the fitness of the employee to teach or to have responsibility for the safety and well-being of children, or both. Based only upon confirmed convictions contained in the report, the State Superintendent of Education shall determine whether the current public certified employee satisfies the suitability criteria for public employment pursuant to this chapter.

a. If the current public certified employee satisfies the suitability criteria for public employment, the State Superintendent of Education shall issue a suitability determination letter to both the current public certified employee and the local employing board.

b. If the current public certified employee does not satisfy the suitability criteria for public employment, the State Superintendent of Education shall send notice in writing of a proposed revocation of certification to the current public certified employee. The notice shall state the reasons in detail for the proposed revocation of certification and shall inform the public certified employee of his or her rights to challenge the proposed revocation of certification pursuant to an administrative hearing conducted by the State Department of Education in accordance with the Alabama Administrative Procedure Act. The hearing may be open or closed at the option of the current public certified employee, and the current public certified employee shall have the same rights as established in certificate revocation proceedings in accordance with the Alabama Administrative Procedure Act.

1. Pending final agency determination of the State Department of Education in accordance with the Alabama Administrative Procedure Act:

(i) The State Superintendent of Education may take no further action regarding the suitability determination.

(ii) The suitability determination regarding the current public certified employee is stayed.

(iii) The local employing board is prohibited from taking any adverse action against the current public certified employee that pertains to the pending proceeding of the State Department of Education.

2. Upon final determination of suitability by the State Department of Education in accordance with the Alabama Administrative Procedure Act, the State Department of Education shall send the results of any hearing, and any accompanying findings or order, and the final suitability determination to both the current public certified employee and the local employing board.

(2) If the criminal history background information reports pertain to a current public noncertified employee, the State Superintendent of Education shall review the criminal history record information reports and make a diligent effort to determine the final disposition of any arrests. The State Superintendent of Education shall review the convictions which would bear on the fitness of the employee to teach or to have responsibility for the safety and well-being of children, or both. Based only upon confirmed convictions contained in the report, the State Superintendent of Education shall determine whether the current public noncertified employee satisfies the suitability criteria for public employment pursuant to this chapter.

a. If the current public noncertified employee satisfies the suitability criteria for public employment, the State Superintendent of Education shall issue a suitability determination letter to both the current public noncertified employee and the local employing board.

b. If the current public noncertified employee does not satisfy the suitability criteria, the State Superintendent of Education shall send notice in writing of a proposed determination of unsuitability to the current public noncertified employee. The notice shall state the reasons in detail for the proposed determination of unsuitability and shall inform the public noncertified employee of his or her rights to challenge the determination of unsuitability pursuant to a due process administrative hearing conducted by an administrative law judge in accordance with the hearing procedures of the Alabama Administrative Procedure Act. The State Department of Education is responsible for the cost of providing the administrative hearing, and the current public noncertified employee may be represented by counsel at his or her own expense. The administrative law judge shall hear the case, make findings of fact, and enter a final determination as to suitability.

1. Pending final resolution of the administrative hearing:

(i) The State Superintendent of Education may take no further action regarding the suitability determination.

(ii) The suitability determination regarding the current public noncertified employee is stayed.

(iii) The local employing board is prohibited from taking any adverse action against the current public noncertified employee that pertains to the pending proceeding by the State Department of Education.

2. Upon final resolution of the administrative hearing conducted by the administrative law judge, the administrative law judge shall issue a written suitability determination with findings of fact. The decision of the administrative law judge is final and not subject to appeal. The State Department of Education shall send the final suitability determination of the administrative law judge to the current public noncertified employee and the local employing board by certified mail.

(Act 2002-457, p. 1171, §2.)

§ 16-22A-34 Satisfaction of Contingencies; Procedures

(a) The requirement to conduct a criminal history background information check on public and nonpublic current employees pursuant to this chapter is contingent upon the State Superintendent of Education determining that sufficient funds have been appropriated by the Legislature or made available from another source to fund such background checks and related procedures. The State Superintendent of Education shall certify to each local employing board, each nonpublic school, the State Finance Director, and the Code Commissioner when sufficient funds have been appropriated for use by the State Department of Education for purposes of conducting background checks and related procedures on public and nonpublic current employees.

(b) Upon the satisfaction of contingencies provided in subsection (a) and upon the State Superintendent of Education certifying in writing to the State Board of Education and each authorized employer that the procedures for implementing criminal history background information checks of public and nonpublic current employees have been finalized, criminal history background checks shall commence on current public certified employees, current public noncertified employees, and nonpublic current employees as provided by this chapter and subsection (c). Appropriate officials shall endeavor to complete the criminal history background information checks on all public and nonpublic current employees within two years from the date of certification by the State Superintendent of Education as provided in subsection (a). If this deadline date is not met, the State Board of Education, upon written request of the State Superintendent of Education, may extend the deadline date.

(c)(1) Procedures in conformity with this chapter for implementing criminal history background information checks for public and nonpublic current employees shall be established by the State Superintendent of Education. These procedures shall give initial and primary focus to the local employing boards employing the greatest number of current employees. These procedures shall be implemented as to each local employing board in descending order based upon the number of current employees employed.

(2) Within each local employing board, first priority for conducting criminal history background information checks of public and nonpublic current employees shall be given to those schools with the greatest student populations.

(Act 2002-457, p. 1171, §2.)

Chapter 22B School Security Act

§ 16-22B-1 Short Title

This chapter shall be known and may be cited as the School Security Act.

(Act 2024-356, §1.)

§ 16-22B-2 Definitions

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

(1) ALEA. The Alabama State Law Enforcement Agency.

(2) BOARD. The State Board of Education, in consultation with the Alabama State Law Enforcement Agency and the State Fire Marshal.

(3) DEPARTMENT. The State Department of Education.

(4) SCHOOL. Any public K-12 school.

(5) SCHOOL EMERGENCY OPERATIONS PLAN. The plan adopted by each local board of education pursuant to Section 16-1-44.

(6) SCHOOL FACILITY. Any building operated in connection with a school, including, but not limited to, a building housing classrooms, administration, or athletic facilities.

(Act 2024-356, §2.)

§ 16-22B-3 School Security Program; School Security and Fire Safety Fund

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

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

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

a. Security cameras.

b. Alarm systems.

c. Locks on exterior and interior doors.

d. Emergency escapes.

e. Fire extinguishers.

f. Intercoms and communications equipment.

g. Panic buttons.

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

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

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

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

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

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

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

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

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

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

(5) Any monies appropriated shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4, commencing with Section 41-4-80 of Chapter 4 of Title 41, and only in the amounts provided by the Legislature in the general appropriations act or other appropriations act.

(Act 2024-356, §3.)

§ 16-22B-4 School Mapping Data Program

(a) A School Mapping Data Program is established within ALEA to provide accurate maps of each school in the state for use in the case of an emergency. ALEA shall adopt rules to implement and administer the program pursuant to this chapter.

(b)(1) ALEA shall collaborate with local boards of education to produce accurate mapping data for each school in this state, subject to the appropriation of funds for this purpose. School mapping data shall include accurate floor plans of each school overlaid on current, verified aerial imagery of the campus and shall meet all of the following requirements:

a. Be oriented true north.

b. Be verified by the entity producing the data for accuracy by a walk-through of school buildings and grounds.

c. Contain site-specific labeling that matches the structure of school buildings, including room labels, hallway names, and external door or stairwell numbers and locations of hazards, critical utility locations, key boxes, automated external defibrillators, and trauma kits.

d. Contain site-specific labeling that matches the school grounds, including parking areas, athletic fields, surrounding roads, and neighboring properties.

e. Be overlaid with gridded x and y coordinates.

(2) Updates to school mapping data shall be completed as deemed necessary by ALEA, in consultation with the board and the applicable local board of education. Any updates to school mapping data shall be accessible within software platforms used by the local, county, state, and federal public safety agencies that provide emergency services to the specific school.

(3) Nothing in this section shall be construed to require the distribution of school mapping data to anyone other than local, county, state, and federal public safety or education agencies.

(c) School mapping data shall be provided to each local board of education, local law enforcement agency, and public safety agency for use in response to emergencies. For the purposes of this section, emergencies include, but are not limited to, any event in which one or more law enforcement officers, firefighters, rescue squads, emergency medical services providers, public safety telecommunications, or other emergency management provider may respond.

(d)(1) School mapping data shall be compatible with software platforms used by local, county, state, and federal public safety agencies that provide emergency services to the school for which the data is provided. School mapping data shall be compatible with security software platforms in use by the school for which the data is provided.

(2) School mapping data shall be available in a printable format and, if requested by a public safety agency, local law enforcement agency, or local board of education, be in a digital format that may be integrated into interactive mobile platforms in use.

(e) No entity, including, but not limited to, a law enforcement agency, local board of education, or public safety agency, may be required to purchase additional software or pay a fee to view or access school mapping data through the School Mapping Data Program.

(Act 2024-356, §4.)

§ 16-22B-5 District Safety Coordinators

(a) Each local board of education shall designate an employee in the school district’s central office as the district safety coordinator. Each district safety coordinator must have direct access to the local superintendent of education and must have prior experience in crisis response.

(b) Within one year of designating an employee as the district safety coordinator, each local superintendent of education shall ensure that the district safety coordinator completes training related to:

(1) Emergency operation plan implementation;

(2) Lockdown best practices;

(3) Relocation, evacuation, and reunification;

(4) Weather and sheltering;

(5) Behavioral threat assessment; and

(6) Facility security.

(c) Each district safety coordinator shall:

(1) Annually attend at least four safety training sessions, with no more than one credit granted for attending a vendor-based training session. Acceptable training includes programming by the department, the Alabama Homeland Security Office, the Alabama Emergency Management Agency, the National Incident Management System, the Partnership Alliance for Safe Schools, the Alabama School Resource Officer Association, the Federal Bureau of Investigation, the National School Resource Officer Association, or other governmental agency or nonprofit organization focusing on relevant school safety best practices.

(2) Organize, administer, and attend at least one school-based lockdown drill and one other safety drill per semester and review the implementation of those drills with the building-level administrator.

(3) Annually organize and oversee a meeting with school administrators and local public safety officials at each school in the local school district in order to familiarize the local officials with each school, its respective school emergency operating plan, and its school mapping data. The district safety coordinator shall ensure that each of the following local public safety officials attend the meeting:

a. At least one local law enforcement officer.

b. At least one local firefighter.

c. At least one representative of the local emergency management agency office.

d. The school mental health coordinator.

e. Any other local public safety officials, as determined by the district safety coordinator.

(4) Collaborate with the local board of education to adopt policies relating to the sharing of camera data and remote access control with appropriate local, state, and federal law enforcement agencies.

(d)(1) Each district safety coordinator shall annually review the school emergency operation plan of each school in his or her local school district.

(2) No later than September 1 of each year, each district safety coordinator shall notify his or her superintendent of education of any building-level administrator or school that fails to have a current, up-to-date school emergency operation plan.

(3) Upon receiving a notice under subdivision (2), a local superintendent of education shall ensure that the school emergency operation plan is updated within 30 days of his or her receipt of notice.

(e) The board shall adopt rules to implement and administer this section, including rules relating to the qualification of district safety coordinators and training requirements for district safety coordinators.

(Act 2024-356, §5.)

§ 16-22B-6 Confidentiality of Information

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

(b) This chapter may not be considered as creating a private right of action against a local board of education or its officials or employees.

(Act 2024-356, §6.)

Chapter 23 Teacher Training and Certification

§ 16-23-1 Certain Public School Employees Must Hold Certificate

No person shall be employed in the public schools of the state as county superintendent of education, city superintendent of schools, assistant superintendent, supervisor, principal, teacher or attendance officer unless such person shall hold a certificate issued by the State Superintendent of Education.

(School Code 1927, §339; Code 1940, T. 52, §322.)

§ 16-23-2 Issuance, Extension and Renewal of Certificates

All matters relating to the issuance, extension and renewal of certificates based upon credentials, including transcripts of applicants’ records submitted by institutions of higher learning in Alabama approved for the training of teachers, or by institutions operated under the control of the State Board of Education for the training of teachers, or by institutions located in other states whose standards of training teachers are the same or equivalent to those approved by the State Board of Education shall be subject to the rules and regulations of the State Board of Education. It shall be the duty of the State Superintendent of Education to submit for the approval of the State Board of Education from time to time rules and regulations governing the issuance, renewal and extension of certificates and to have printed a bulletin or bulletins which shall contain full information relating to the issuance, renewal and extension of certificates on credentials, including transcripts of applicants’ records.

(School Code 1927, §340; Code 1940, T. 52, §323.)

§ 16-23-3 Provisional Certificates

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Approved by the State Superintendent of Education.

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

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

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

(School Code 1927, §345; Code 1940, T. 52, §328; Acts 1991, No. 91-323, p. 602, §3; Act 2008-281, p. 546, §1; Act 2019-364, §1; Act 2021-111, §1; Act 2022-239, §1 .)

§ 16-23-3.1 Issuance of Professional Educator Certificate to Qualified Individuals Who Complete an Approved Alternative Teacher Preparation Program

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(g) Upon receiving an alternative certificate to teach pursuant to this section, the teacher shall participate in the Alabama Teacher Mentorship Program if hired by a local board of education that participates in the program.

(Act 2022-239, §2; Act 2023-451, §1; Act 2024-393, §1.)

§ 16-23-3.2

(a) The State Board of Education shall establish a Military Veteran Temporary Teaching Certificate. A Military Veteran Temporary Teaching Certificate shall be available for a teaching field for which the state board otherwise requires a bachelor’s degree. The State Department of Education may issue a temporary certificate pursuant to this section to any applicant who:

(1) Documents 48 months of active duty military service with an honorable discharge or a medical separation;

(2) Submits to the department the required application forms and fees and satisfactorily completes a criminal history background information check pursuant to the Alabama Child Protection Act of 1999;

(3) Is recommended for certification by a local superintendent of education or private K-12 school administrator; and

(4) Verifies compliance with all of the following admission criteria:

a. Completion of 60 college credits with a minimum cumulative grade point average of 2.5 on a 4.0 scale, as evidenced by one or more accredited institutions of higher education.

b. A passing score on the appropriate Praxis content test of the Alabama Educator Certification Assessment Program (AECAP).

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

(b) After receiving temporary certification, the individual shall be assigned a mentor by the employing superintendent for a minimum of two school years after commencing employment, or participate in the Alabama Teacher Mentor Program if hired by a local board of education that participates in the program.

(c) A temporary certificate issued pursuant to this section is valid for five school years, is limited to a one-time issuance, and is nonrenewable.

(d) Time served as a teacher pursuant to a temporary certificate under this section shall not be counted in determining continued service status.

(e) Individuals who receive a temporary certificate under this section shall not be available to receive an emergency certificate pursuant to Section 16-23-3(f).

(f) When notifying the individual of his or her temporary certificate approval, the department shall also inform the individual of the certificate’s expiration date and provide a list of methods to complete the qualifications for a professional certificate.

(g) The State Board of Education shall adopt rules to implement this section.

(Act 2026-166, §1.)

§ 16-23-3.3

(a) The State Board of Education shall establish an expedited certification pathway for the issuance of a teaching certificate by the State Superintendent of Education to a qualified individual who seeks to teach career and technical education (CTE) courses at a public high school in Alabama when that individual has previously taught CTE courses or their equivalent in another state.

(b) To be approved for an expedited CTE teaching certificate, the applicant shall satisfy all of the following requirements:

(1) Submits to the State Board of Education the required application form and fees to obtain a teaching certificate.

(2) Holds a valid, active teaching certificate, or its equivalent, obtained from another state and submit a copy of the certificate with the application.

(3) Is recommended for certification by a local superintendent of education.

(4) Successfully passes a criminal history background check.

(c) Upon verification that an applicant satisfies the requirements of subsection (b), the State Superintendent of Education shall issue an Alabama teaching certificate authorizing the individual to teach CTE courses as soon as practicable and shall not require any additional testing, coursework, or documentation prior to issuance.

(d) Any teaching certificate issued in accordance with the requirements of this section shall have the same term and renewal requirements as all other standard teaching certificates issued under this chapter.

(e) An individual who is granted a teaching certificate pursuant to this section may only teach CTE courses.

(f) A local board of education, in its discretion and subject to available funds, may provide a relocation stipend or hiring incentive to an individual certified under this section who moves to Alabama from another state to teach CTE courses.

(g) The State Superintendent of Education shall keep a record of the number of certificates issued annually under this section and shall submit a report to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate by February 1 of each year which provides information on the number of certificates issued, the schools where these certificate holders are teaching, and the efficacy of the program.

(h) The State Board of Education shall adopt rules as necessary to implement and administer this section.

(Act 2026-605, §2.)

§ 16-23-4 Fee of Applicant for Certificate

(a) An application fee of thirty dollars ($30) shall be paid by an applicant.

(b) The fees paid by the applicants shall be deposited to a special account for the State Department of Education into the State Treasury at least monthly and used for the operation of the teacher education and certification program.

(School Code 1927, §350; Code 1940, T. 52, §333; Acts 1943, No. 313, p. 300; Acts 1975, No. 426, p. 1023, §1; Acts 1990, No. 90-622, p. 1137, §1; Act 2008-281, p. 546, §1.)

§ 16-23-4.1 Fee for Evaluation of Transcript

The State Board of Education shall be authorized to establish reasonable charges for evaluation of transcripts.

(Acts 1990, No. 90-622, p. 1137, §2.)

§ 16-23-5 Revocation of Certificates

(a) The State Superintendent of Education may revoke any certificate issued under this chapter when the holder has been guilty of immoral conduct or unbecoming or indecent behavior. Any provision of law to the contrary notwithstanding, under the circumstances listed in subsection (b), the holder shall be immediately disenfranchised from certification and any other rights pursuant to Section 16-24-9.

(b) The State Superintendent of Education shall immediately revoke any certificate issued under this chapter when the holder is convicted of capital murder or any Class A felony, including, but not limited to, rape, murder, kidnapping, or robbery, or any of the following:

(1) Rape in the first or second degree, pursuant to Section 13A-6-61 or 13A-6-62.

(2) Sodomy in the first or second degree, pursuant to Section 13A-6-63 or 13A-6-64.

(3) Sexual torture, pursuant to Section 13A-6-65.1.

(4) Sexual abuse in the first or second degree, pursuant to Section 13A-6-66 or 13A-6-67.

(5) Enticing a child to enter a vehicle, room, house, office, or other place for immoral purposes, pursuant to Section 13A-6-69.

(6) Promoting prostitution in the first or second degree, pursuant to Section 13A-12-111 or 13A-12-112.

(7) Violation of the Alabama Child Pornography Act, pursuant to Section 13A-12-191, 13A-12-192, 13A-12-196, or 13A-12-197.

(8) Kidnapping a minor, except by a parent, in the first or second degree, pursuant to Section 13A-6-43 or 13A-6-44.

(9) Incest, pursuant to Section 13A-13-3, when the offender is an adult and the victim is a minor.

(10) Transmitting obscene material to a child by computer, pursuant to Section 13A-6-111.

(11) Facilitating solicitation of unlawful sexual conduct with a child, pursuant to Section 13A-6-121.

(12) Electronic solicitation of a child or facilitating the online solicitation of a child, pursuant to Section 13A-6-122 or 13A-6-123.

(13) Traveling to meet a child for an unlawful sex act or facilitating the travel of a child for an unlawful sex act, pursuant to Section 13A-6-124 or 13A-6-125.

(14) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in subdivisions (1) to (13), inclusive.

(15) Any crime committed in any state or a federal, military, or foreign jurisdiction which, if committed in this state under the law existing at the time of the offense, would constitute an offense listed in subdivisions (1) to (13), inclusive.

(16) Any criminal sex offense in which the victim is a child under the age of 12 or any offense involving child pornography.

(17) Any crime committed in any jurisdiction which, regardless of the specific description or statutory elements, may be characterized or known as rape, sodomy, sexual assault, sexual battery, sexual abuse, sexual torture, solicitation of a child, enticing or luring a child, child pornography, lewd and lascivious conduct, taking indecent liberties with a child, or molestation of a child.

(18) Any crime not listed in this subsection involving endangerment to the health, safety, or welfare of a child that may be created on or after March 31, 2010.

(School Code 1927, §354; Code 1940, T. 52, §337; Act 2010-264, p. 482, §1.)

§ 16-23-6 Placement Bureau for Teachers

The State Superintendent of Education shall make known to county superintendents of education and city superintendents of schools or other interested parties the names of teachers who are unemployed and who are seeking positions. In order that this service may be effective, a placement bureau shall be organized in the State Department of Education.

(School Code 1927, §348; Code 1940, T. 52, §331.)

§ 16-23-7 Institutes - Conduct; Duration; Character of Instruction

As a means of stimulating the improvement of teachers in service in the public schools of the state, institutes shall be held annually, one or more in each county or for a group of counties, at such times and at such places as the State Superintendent of Education, after advising with the county superintendent of education, shall direct. The duration of institutes shall not exceed four days in any one year for any county or group of counties. The character of instruction shall be such as to promote the best interest of the schools.

(School Code 1927, §356; Code 1940, T. 52, §339.)

§ 16-23-8 Institutes - Attendance Required; Penalty for Failure to Attend

Every person employed in a teaching, supervisory or administrative capacity by the county or city board of education in the public schools of the state shall attend the institute held for the county or city in which such person is employed; provided, that the institute is held during the term-time or during the week immediately preceding the date of opening of the schools in the county or city. All persons attending such institute shall be paid as for time taught, and any person subject to institute attendance who fails to attend an institute called in accordance with the provisions of this chapter shall forfeit his or her contract with the respective county or city board of education as the case may be and shall be ineligible to employment in the public schools of the state for a period of six months from the date of such delinquency, unless excused as hereinafter provided.

(School Code 1927, §357; Code 1940, T. 52, §340.)

§ 16-23-9 Institutes - Excuses for Nonattendance

The county superintendent of education or the city superintendent of education shall have the power to excuse and accept excuses from educators for failure to attend institutes held under the provisions of this chapter. Such actions shall be governed by the same policies which govern leave on any other regularly scheduled workday. Persons so excused shall be deemed to have met all requirements of institute attendance and shall be entitled to pay.

(School Code 1927, §358; Code 1940, T. 52, §341; Acts 1975, No. 139, p. 628, §1.)

§ 16-23-10 Institutes - List of Persons Subject to Attendance

At the beginning of the institute it shall be the duty of the county superintendent of education or city superintendent of schools, as the case may be, to furnish the conductor of the institute, appointed by the State Superintendent of Education, on forms provided by the Department of Education, duplicate lists of all persons employed in his jurisdiction subject to institute attendance. At the close of the institute, or as soon thereafter as possible, the conductor shall file with the county superintendent of education and with the city superintendent of schools a duplicate list of all persons employed in the county or city, as the case may be, who have met the legal requirements of institute attendance, or who have been excused in accordance with the provisions of this chapter. The original of the list shall be filed in the office of the Department of Education.

(School Code 1927, §359; Code 1940, T. 52, §342.)

§ 16-23-11 Institutes - Persons Not Attending Not Placed on Payroll

It shall be unlawful for any county superintendent of education or any superintendent of city schools to place the name of any person, subject to institute attendance, on his payroll during the period of six months following the close of the institute so held, who at the time said institute was held failed to attend or submit an excuse approved by the county superintendent of education or the city superintendent of schools as the case may be and accepted by the State Superintendent of Education.

(School Code 1927, §360; Code 1940, T. 52, §343.)

§ 16-23-12 Teachers’ Conferences

As a further means of improving teachers in service, the county superintendent of education or the city superintendent of schools shall arrange for and conduct conferences in convenient centers upon the courses of study or on problems of instruction, supervision and administration.

(School Code 1927, §361; Code 1940, T. 52, §344.)

§ 16-23-13 Training-in-Service Work

In the conduct of institutes and group conferences as provided in this chapter, it is made the duty of the state-supported institutions of higher learning offering teacher-training courses to cooperate as far as practicable with the Department of Education in furthering training-in-service activities. The Department of Education in cooperation with the state-supported institutions of higher learning offering teacher-training courses shall arrange as far as may be practicable for extension courses as a part of or in lieu of group conferences hereinbefore provided. County superintendents of education and city superintendents of schools shall from time to time make known their training-in-service needs to the Department of Education, and the department through cooperation with teacher-training institutions shall endeavor to assist county and city superintendents in setting up and carrying into effect a training-in-service program.

(School Code 1927, §363; Code 1940, T. 52, §346.)

§ 16-23-14 Standards and Minimum Requirements for Training

For the purpose of setting up standards for the preparation of teachers, supervisors and administrative employees for service in the public schools, the State Board of Education shall, subject to other provisions of this chapter, authorize and prescribe minimum requirements on courses of study, organization, qualifications of instructors, buildings and equipment and sanitary conditions, and it shall be the duty of the State Superintendent of Education or his professional assistants to visit institutions engaged in teacher-training, hold conferences with the teachers and officials of such institutions, explain the requirements of the State Board of Education relating to the preparation of teachers, look into the character of work being done and perform such other services as may be deemed advisable for the improvement of the training provided for prospective teachers of the public schools of the state.

(School Code 1927, §364; Code 1940, T. 52, §347; Acts 1991, No. 91-323, p. 602, §3.)

§ 16-23-15 Supervision of Teacher-Training Institutions; Advisory Council

It shall be the duty of the State Superintendent of Education, or his professional assistants, to exercise general supervision over the teacher-training institutions under the control of the State Board of Education subject to other provisions of this chapter. The State Superintendent of Education, together with the deans or directors of the schools of education in the state-supported institutions of higher learning, shall constitute an Advisory Council on Teacher-Training.

(School Code 1927, §365; Code 1940, T. 52, §348; Acts 1991, No. 91-323, p. 602, §3.)

§ 16-23-16 Rules and Regulations Relative to Training

All laws and all rules and regulations of the State Board of Education relating to the preparation of teachers for service or the training of teachers in service shall be administered by the State Superintendent of Education, or through his professional assistants; provided, that the provisions of this section shall not be interpreted as being in conflict with other provisions of this title.

(School Code 1927, §366; Code 1940, T. 52, §349.)

§ 16-23-16.1 Creation of Professional Teachers Standards Commission; Designation or Development of Entry-Level Pre-certification Examination for Teacher Candidates

(a) The Legislature finds that Alabama is alone among the southern states in not testing teacher candidates before allowing them in the classroom, and acknowledges that the need exists to establish, maintain, and enforce minimum professional standards for teacher candidates in the State of Alabama. In response to such need, there is hereby created a Professional Teachers Standards Commission (the commission) for the State of Alabama. The commission shall consist of 11 members appointed by the Governor in the following manner: The Alabama Congress of Parents and Teachers Association, Alabama School Board Association, Alabama Council for School Administration and Supervision, Alabama Education Association, and the Alabama Association of Colleges for Teacher Education shall each designate a representative that together shall form a nominating committee which shall meet at the call of the Governor and submit to him a list of 20 names to be considered for initial appointment to the commission. All such nominees shall have demonstrated experience and ability in the science of test development and administration. Such names shall be submitted to the Governor within 30 days immediately following July 23, 1991. If nominations are not received by the Governor within such 30-day period, he shall proceed to make such appointments by the various categories as described below from his own selection. The nominations shall include an appropriate number of names to ensure the selection of three practicing elementary teachers (grades kindergarten through five), one practicing middle school teacher (grades six through eight), and two practicing secondary teachers (grades nine through 12); two school administrators consisting of one school principal and one school superintendent; one member from the faculty of a teacher preparation program; and one member of a local board of education. In addition to the foregoing 10 members, the Governor shall appoint one member from his own selection, which member shall serve at the pleasure of the Governor. Four of the members initially appointed shall serve for three years, four shall serve for two years, and three shall serve for one year. Thereafter, the terms of all members shall be for three years. The Governor shall designate at the time of the initial appointments which members’ terms shall be for one, two, or three years in duration. At the expiration of the term of any appointee, other than the Governor’s discretionary appointee, the nominating committee shall recommend to the Governor at least two persons for appointment to the position created by the expired term. Vacancies occurring on the commission shall be filled from the same respective categories as described above and the replacement or reappointed member(s) of the commission shall serve for the remainder of the unexpired term of his or her predecessor. The Governor may reject any name(s) submitted by the nominating committee and in such a case the Governor shall call upon the nominating committee to submit additional names for the initial appointees or additional names for the filling of any vacancy on the commission. No member of the commission shall serve more than two full terms.

(b) The Legislature recognizes that the National Teacher Examination (NTE) or some component thereof is utilized as an examination for teacher candidates in 33 states, including the majority of our surrounding southern states. It is therefore the intent of the Legislature that the commission select a nationally recognized pre-certification examination such as the NTE for initial certification of teacher candidates in Alabama. The commission is directed to determine the conditions, if any, which must be satisfied for use of the NTE for the purposes set forth herein. The commission is further authorized to utilize all means necessary to comply with such conditions so as to allow usage of the NTE as an entry-level pre-certification examination for teacher candidates in Alabama, or to otherwise promote full implementation of this section.

In the event that the commission is prohibited from utilizing the NTE, its successor examination, or a component of either, for pre-certification, after exhausting all available remedies, then the commission is authorized to designate or develop a pre-certification examination. Such examination shall adhere to generally accepted test construction methodology and those test construction practices reflected in the NTE, and shall permit evaluation of functional academic skills of teacher candidates including but not limited to, reading, writing, and mathematics.

(c) Any pre-certification examination designated or developed pursuant to this section shall be administered by the commission to all teacher candidates seeking certification for the 1994-95 school year. Candidates must demonstrate required satisfactory proficiency, as determined by the commission from time to time, on such examination prior to becoming eligible to receive a certificate pursuant to this chapter; provided, however, that such satisfactory proficiency shall not be required for persons to become eligible to receive emergency certificates pursuant to Section 16-23-3. Candidates shall have only five opportunities to demonstrate the required satisfactory proficiency, and if such candidate fails to demonstrate the required satisfactory proficiency in the fifth attempt, such candidates shall not be eligible for certification in the State of Alabama.

(d) It is the intent of the Legislature that Alabama teacher preparation institutions support the performance of their graduates on such pre-certification examinations and such institutions shall be responsible for providing remediation without any cost to the student who has successfully completed all course requirements for the teacher preparation program but has failed the pre-certification test. The failure of any institution to comply with the provisions of this section shall be grounds upon which the institution’s rights to prepare teachers may be withdrawn. It is the intent of the Legislature that upon the designation or development of a pre-certification examination for initial certification of teacher candidates, the commission shall then proceed to address the improvement of standards for teacher preparation programs. As a result of the administration of the test and to the extent fewer minorities are licensed to teach in Alabama, the commission shall develop a remedial plan which will be implemented by teacher preparation institutions.

(e) Scores from the tests required under the provisions of The Alabama Education Improvement Act of 1991 (Acts 1991, No. 91-323) shall be reported to and kept by the commission. Scores shall be given to the candidates tested. Personally identifiable scores shall not be open or made available to the public, but reports may be prepared and released by the commission with respect to overall results of scores. Reports of scores as authorized herein may be made at such frequency as the commission may deem appropriate.

(Acts 1991, No. 91-323, p. 602, §4; Acts 1993, No. 93-614, p. 1006, §§1(6), 1(7).)

§ 16-23-16.2 Criminal History Background Check for Teacher Preparation Program Applicants

(a) Each two-year and four-year institution of higher education in the state shall require each applicant for admission to a teacher preparation program to complete a criminal history background information check as a part of the initial application process.

(b) The criminal history background information check shall be administered in a manner prescribed by the institution of higher education that is consistent with the Alabama Child Protection Act of 1999, and rules promulgated by the State Department of Education.

(c) Any publication of an institution of higher education, that describes the requirements for or application process for a teacher preparation program offered by the institution, shall also inform prospective students of the requirements of this section.

(Act 2009-628, p. 1926, §1.)

§ 16-23-24 Teacher Education Scholarship Loan Program Established; Use; Subsequent Obligations; Funding; Rule-Making Authority; Provisions for Current Scholarship Recipients

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

(b) A scholarship loan received by a teacher under the program may be used to pursue a master’s degree in a designated field with a concentration of not less than three three-semester-hour courses, or the equivalent, in the new technologies. Any teacher qualifying for a scholarship loan may receive a scholarship loan for courses for credit or for non-credit.

(c) Any scholarship loan recipient who receives credit for the additional education shall teach in the public schools for at least three years after completing the master’s degree. Any recipient who has obtained a master’s degree prior to receiving a loan under this section, shall not be obligated to teach the three years. Any recipient who fails to complete the courses for which the scholarship loan is received shall repay the Alabama Commission on Higher Education the amount of the loan with interest from the date the scholarship loan is received at the prevailing rate charged recipients of non-need-based federal guaranteed student loans. Repayment in full shall be completed within 10 years.

(d) There is created the Teacher Education Scholarship Loan Trust Fund. The fund shall be a non-reverting fund used by the Alabama Commission on Higher Education to provide scholarship loans under this program. Annual appropriations from the Education Trust Fund shall be made to the fund. Scholarship loan repayments and interest proceeds shall be deposited in the fund.

(e) The Alabama Commission on Higher Education shall make reasonable rules and regulations for implementing this section.

(f) Any undergraduate student enrolled in a teacher education program and receiving a scholarship under Section 16-6A-11 and any student who is a recipient of an emergency secondary education scholarship under Section 16-23-18 on May 13, 1993, shall continue until completion of their program. Any funds available for the emergency secondary education scholarships shall be transferred to the Teacher Education Scholarship Loan Fund and any funds to be paid the Alabama Commission on Higher Education shall be paid to the Teacher Education Scholarship Loan Fund.

(Acts 1993, No. 93-636, p. 1091, §§1-6.)

§ 16-23-25 Experience Credit for Certain Certified Teachers Who Previously Worked as a Paraprofessional or Classroom Teacher’s Aide

(a) A teacher with at least four years of full-time experience as a paraprofessional or classroom teacher’s aide in a public school who is: (i) issued a teacher certificate pursuant to this chapter; and (ii) hired into a position requiring such certification, shall receive one year of experience credit on the local teacher salary schedule established pursuant to Section 16-13-231.1 for every two years of full-time experience that he or she earned in a public school as a paraprofessional or classroom teacher’s aide prior to being hired as a certified teacher.

(b) This section shall only apply to teachers hired into a position requiring teacher certification on or after June 1, 2024.

(Act 2024-299, §1.)

Chapter 23A Interstate Agreement on Qualifications of Educational Personnel

§ 16-23A-1 Enactment; Contents

The Interstate Agreement on Qualifications of Educational Personnel is hereby enacted into law and entered into with all jurisdiction legally joining therein, in the form substantially as follows:

Article I. Purpose, Findings, and Policy.

1. The states party to this agreement, desiring by common action to improve their respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of cooperation with one another, to take advantage of the preparation and experience of such persons wherever gained, thereby serving the best interests of society, of education, and of the teaching profession. It is the purpose of this agreement to provide for the development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the states party to it, and to authorize specific interstate educational personnel contracts to achieve that end.

2. The party states find that included in the large movement of population among all sections of the nation are many qualified educational personnel who move for family and other personal reasons but who are hindered in using their professional skill and experience in their new locations. Variations from state to state in requirements for qualifying educational personnel discourage such personnel from taking the steps necessary to qualify in other states. As a consequence, a significant number of professionally prepared and experienced educators is lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their states of origin, can increase the available educational resources. Participation in this compact can increase the availability of educational manpower.

Article II. Definitions.

As used in this agreement and contracts made pursuant to it, unless the context clearly requires otherwise:

1. “Educational personnel” means persons who must meet requirements pursuant to state law as a condition of employment in educational programs.

2. “Designated state official” means the education official of a state selected by that state to negotiate and enter into, on behalf of his state, contracts pursuant to this agreement.

3. “Accept,” or any variant thereof, means to recognize and give effect to one or more determinations of another state relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving state.

4. “State” means a state, territory, or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico.

5. “Originating state” means a state (and the subdivision thereof, if any) whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to Article III.

6. “Receiving state” means a state (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to Article III.

Article III. Interstate Educational Personnel Contracts.

1. The designated state official of a party state may make one or more contracts on behalf of his state with one or more other party states providing for the acceptance of educational personnel. Any such contract for the period of its duration shall be applicable to and binding on the states whose designated state officials enter into it, and the subdivisions of those states, with the same force and effect as if incorporated in this agreement. A designated state official may enter into a contract pursuant to this article only with states in which he finds that there are programs of education, certification standards or other acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable, even though not identical to that prevailing in his own state.

2. Any such contract shall provide for:

(a) Its duration.

(b) The criteria to be applied by an originating state in qualifying educational personnel for acceptance by a receiving state.

(c) Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards.

(d) Any other necessary matters.

3. No contract made pursuant to this agreement shall be for a term longer than five years but any such contract may be renewed for like or lesser periods.

4. Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating state approval of the program or programs involved can have occurred. No contract made pursuant to this agreement shall require acceptance by a receiving state of any persons qualified because of successful completion of a program prior to January 1, 1954.

5. The certification or other acceptance of a person who has been accepted pursuant to the terms of a contract shall not be revoked or otherwise impaired because the contract has expired or been terminated. However, any certificate or other qualifying document may be revoked or suspended on any ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially granted or approved in the receiving state.

6. A contract committee composed of the designated state officials of the contracting states or their representatives shall keep the contract under continuous review, study means of improving its administration, and report no less frequently than once a year to the heads of the appropriate education agencies of the contracting states.

Article IV. Approved and Accepted Programs.

1. Nothing in this agreement shall be construed to repeal or otherwise modify any law or regulation of a party state relating to the approval of programs of educational preparation having effect solely on the qualification of educational personnel within that state.

2. To the extent that contracts made pursuant to this agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of a program of educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract.

Article V. Interstate Cooperation.

The party states agree that:

1. They will, so far as practicable, prefer the making of multilateral contracts pursuant to Article III of this agreement.

2. They will facilitate and strengthen cooperation in interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in certification and other elements of educational personnel qualification.

Article VI. Agreement Evaluation.

The designated state officials of any party states may meet from time to time as a group to evaluate progress under the agreement, and to formulate recommendations for changes.

Article VII. Other Arrangements.

Nothing in this agreement shall be construed to prevent or inhibit other arrangements or practices of any party state or states to facilitate the interchange of educational personnel.

Article VIII. Effect and Withdrawal.

1. This agreement shall become effective when enacted into law by two states. Thereafter it shall become effective as to any state upon its enactment of this agreement.

2. Any party state may withdraw from this agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states.

3. No withdrawal shall relieve the withdrawing state of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their terms.

Article IX. Construction and Severablity.

This agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement if declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state participating therein, the agreement shall remain in full force and effect as to the state affected as to all severable matters.

(Acts 1977, No. 506, p. 664, §1.)

§ 16-23A-2 Designation of State Superintendent of Education as Official Authorized to Enter into Contracts Pursuant to Agreement

The designated state official for Alabama shall be the State Superintendent of Education, who shall enter into contracts pursuant to Article III of said agreement only with the approval of the specific text thereof by the Alabama State Board of Education.

(Acts 1977, No. 506, p. 664, §2.)

§ 16-23A-3 Filing and Publication of Contracts Entered into Pursuant to Agreement

True copies of all contracts made on behalf of this state pursuant to the agreement shall be kept on file in the office of the State Department of Education and in the office of the Secretary of State. The State Department of Education shall publish all such contracts in convenient form.

(Acts 1977, No. 506, p. 664, §3.)

Chapter 24 Tenure of Employment of Teachers

Article 1 General Provisions. Repealed by Act 2011-270

§ 16-24-1 “Teacher” Defined

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Acts 1939, No. 499, p. 759, §1; Code 1940, T. 52, §351; Acts 1953, No. 773, p. 1040, §1; Acts 1973, No. 1276, p. 2181, §1.)

§ 16-24-2 Criteria for Continuing Service Status for Teachers, Principals and Supervisors; List of Persons Recommended for Continuing Status; Effect of Consolidation or Separation of Schools

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Acts 1939, No. 499, p. 759, §2; Code 1940, T. 52, §352; Acts 1951, No. 806, p. 1408; Acts 1953, No. 773, p. 1040, §1.)

§ 16-24-3 Contract of Employment Effective until Superseded or Cancelled

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Acts 1939, No. 499, p. 759, §3; Code 1940, T. 52, §353; Acts 1953, No. 773, p. 1040, §1.)

§ 16-24-4 Change of Compensation for Succeeding Year

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Acts 1939, No. 499, p. 759, §4; Code 1940, T. 52, §354; Acts 1953, No. 773, p. 1040, §1.)

§ 16-24-5 Transfer of Teacher - Authorized; Notice; Conditions

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Acts 1939, No. 499, p. 759, §5; Code 1940, T. 52, §355; Acts 1953, No. 773, p. 1040, §1; Act 2004-566, p. 1330, §1.)

§ 16-24-6 Transfer of Teacher - Contesting; Hearing

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Acts 1953, No. 773, p. 1040, §1; Act 2004-566, p. 1330, §1.)

§ 16-24-7 Transfer of Teacher - Review

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Acts 1953, No. 773, p. 1040, §1; Acts 1981, No. 81-686, p. 1156, §1; Act 2000-733, p. 1588, §9; Act 2004-566, p. 1330, §1.)

§ 16-24-8 Cancellation of Contracts - Grounds

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Acts 1939, No. 499, p. 759, 6; Code 1940, T. 52, §358; Acts 1953, No. 773, p. 1040, §1; Act 2000-733, p. 1588, §9.)

§ 16-24-8.1 Cancellation of Contracts - Conviction Resulting in Revocation of Teaching Certificate

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Act 2010-264, p. 482, §2.)

§ 16-24-9 Cancellation of Contracts - Procedure; Notice

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Acts 1939, No. 499, p. 759, §7; Code 1940, T. 52, §359; Acts 1951, No. 690, p. 1191; Acts 1953, No. 773, p. 1040, §1; Act 2004-566, p. 1330, §1.)

§ 16-24-10 Cancellation of Contracts - Hearing Officer; Hearing; Appeal

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Acts 1939, No. 499, p. 759, §8; Code 1940, T. 52, §360; Acts 1945, No. 411, p. 646, §1; Acts 1953, No. 773, p. 1040, §1; Acts 1981, No. 81-686, p. 1156, §2; Act 2000-733, p. 1588, §9; Act 2004-566, p. 1330, §1.)

§ 16-24-11 Cancellation of Contracts - by Teacher

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Acts 1939, No. 499, p. 759, §9; Code 1940, T. 52, §361(1); Acts 1949, No. 250, p. 373, §1; Acts 1953, No. 773, p. 1040, §1; Acts 1973, No. 1079, p. 1835, §1.)

§ 16-24-12 Teacher Deemed Reemployed for Succeeding School Year Unless Notified

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Acts 1939, No. 499, p. 759, §10; Code 1940, T. 52, §361(2); Acts 1945, No. 411, p. 646, §1; Acts 1953, No. 773, p. 1040, §1; Acts 1973, No. 1079, p. 1835, §1.)

§ 16-24-13 Effect of Leave of Absence on Continuing Service Status

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Acts 1939, No. 499, p. 759, §11; Code 1940, T. 52, §361(3); Acts 1943, No. 313, p. 300; Acts 1953, No. 773, p. 1040, §1; Acts 1973, No. 1079, p. 1835, §1.)

§ 16-24-14 Major Suspensions of Teachers - Authorized; Notice; Conditions

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Act 2004-566, p. 1330, §2.)

§ 16-24-15 Major Suspensions of Teachers - Procedure; Hearings

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Act 2004-566, p. 1330, §2.)

§ 16-24-16 Major Suspensions of Teachers - Contests

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Act 2004-566, p. 1330, §2.)

§ 16-24-17 Minor Suspensions of Teachers - Authorized; Notice; Conditions

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Act 2004-566, p. 1330, §2.)

§ 16-24-18 Minor Suspensions of Teachers - Procedure; Hearings

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Act 2004-566, p. 1330, §2.)

§ 16-24-19 Minor Suspensions of Teachers - Contest

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Act 2004-566, p. 1330, §2.)

§ 16-24-20 Procedures Applicable to Tenure Disputes in General

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Act 2004-566, p. 1330, §2.)

§ 16-24-21 Direct Appeal by Certain Teachers Denied Hearing Before Local Board of Education

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Act 2004-566, p. 1330, §2.)

§ 16-24-22 Applicability to Cases Prior to July 1, 2004; Appropriations

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Act 2004-566, p. 1330, §§3, 5.)

Article 2 State Tenure Commission. Repealed by Act 2004-566

§ 16-24-30 Creation; Composition; Secretary; Legal Adviser

[Repealed]

Repealed by Act 2004-566, p. 1330, §3, effective July 1, 2004.

(Acts 1959, No. 643, p. 1557, §1; Acts 1973, No. 1079, p. 1835, §1.)

§ 16-24-31 Appointment, Terms and Qualifications of Members; Vacancies; Teacher’s Tenure Not Affected by Membership

[Repealed]

Repealed by Act 2004-566, p. 1330, §3, effective July 1, 2004.

(Acts 1959, No. 643, p. 1557, §2; Acts 1973, No. 1079, p. 1835, §1; Acts 1980, No. 80-271, p. 347, §1.)

§ 16-24-32 Meetings Generally; Quorum

[Repealed]

Repealed by Act 2004-566, p. 1330, §3, effective July 1, 2004.

(Acts 1959, No. 643, p. 1557, §3; Acts 1973, No. 1079, p. 1835, §1.)

§ 16-24-33 Organization Meetings; Chairman and Vice-Chairman

[Repealed]

Repealed by Act 2004-566, p. 1330, §3, effective July 1, 2004.

(Acts 1959, No. 643, p. 1557, §6; Acts 1973, No. 1079, p. 1835, §1.)

§ 16-24-34 Compensation and Expenses of Members; Appropriations

[Repealed]

Repealed by Act 2004-566, p. 1330, §3, effective July 1, 2004.

(Acts 1959, No. 643, p. 1557, §4; Acts 1973, No. 1079, p. 1835, §1.)

§ 16-24-35 Rules, Regulations and Orders

[Repealed]

Repealed by Act 2004-566, p. 1330, §3, effective July 1, 2004.

(Acts 1959, No. 643, p. 1557, §7; Acts 1973, No. 1079, p. 1835, §1.)

§ 16-24-36 Appeals Generally

[Repealed]

Repealed by Act 2004-566, p. 1330, §3, effective July 1, 2004.

(Acts 1959, No. 643, p. 1557, §5; Acts 1973, No. 1079, p. 1835, §1.)

§ 16-24-37 Direct Appeal by Certain Teachers Denied Hearing Before Local Board of Education

[Repealed]

Repealed by Act 2004-566, p. 1330, §3, effective July 1, 2004.

(Acts 1973, No. 1079, p. 1835, §1.)

§ 16-24-38 Finality of Action of State Tenure Commission; Review

[Repealed]

Repealed by Act 2004-566, p. 1330, §3, effective July 1, 2004.

(Acts 1973, No. 1079, p. 1835, §1; Act 2000-733, p. 1588, §9.)

Article 3 Part-Time Employment of Teachers

§ 16-24-60 Legislative Findings

The Legislature finds it necessary to better address the needs and goals of students and a diverse teaching work force by expressly granting teachers the authority to contract with local boards of education to work less than full time, provided they receive commensurate pay based on their experience and educational attainment under the salary schedule as adopted by the Legislature.

(Act 2004-300, p. 425, §1.)

§ 16-24-61 Contracts for Part-Time Employment

Public school teachers, whether or not tenured, may contract with local boards of education to work less than full time so long as their salaries reflect employment for less than a full day, week, or contract year and are commensurate with the salary schedule hourly rate of pay adopted by the Legislature, based on their educational attainment and experience; provided however, that any part-time teacher receiving benefits from the Teachers’ Retirement System shall conform to the criteria and prescribed limits for outside income as provided in subsection (a) of Section 16-25-26. Teachers employed in any part-time capacity shall meet the certification requirements established by the State Board of Education to teach the grade or subject for which they are employed and shall comply with the provisions of Chapter 22A, of this title.

(Act 2004-300, p. 425, §2.)

§ 16-24-62 Rate of Pay

The hourly rate of pay for each part-time teacher shall be determined by placement on the State Salary Schedule or, if greater, the local salary schedule, based upon experience and degree attained. Using a six and one-half hour work day and 182 days as the standard annual contract, the hourly rate for the appropriate step on the schedule shall be calculated and the result multiplied by the number of hours taught by the part-time teacher during the regular school day to determine the salary to which such teacher is entitled.

(Act 2004-300, p. 425, §3.)

§ 16-24-63 Posting of Positions

The local board of education shall post all part-time positions in accordance with Section 16-22-15.

(Act 2004-300, p. 425, §4.)

§ 16-24-64 Full-Time Teachers to Be Employed for Positions of at Least 20 Class Hours Per Week

Part-time employment shall not be used in such manner as to replace full-time personnel or teaching positions. At any time should the number of class hours of part-time personnel in any grade or subject in school equal or exceed 20 hours per week, a full-time teacher shall be employed. The superintendent shall diligently attempt to fill the position as soon as practicable and in accordance with Section 16-22-15. The local superintendent shall keep a record of efforts made to find a qualified teacher, and that record shall be open for public inspection. In the event no qualified applicant is found to fill the vacancy, the superintendent shall immediately re-post the position and notify the State Department of Education and the professional organization, as defined in Section 16-1-30 of the vacancy so that each may publicize the opening. The part-time teacher or teachers may remain in the position for the duration of the school year in which the hiring of a full-time teacher becomes necessary, or until the board approves the hiring of a full-time replacement, whichever comes first. No part-time teacher may be hired to teach in a position from which a full-time teacher resigned or was terminated, unless the teaching unit was subject to reduction-in-force based upon declining enrollment in the grade or subject taught by the full-time teacher.

(Act 2004-300, p. 425, §5.)

§ 16-24-65 Validity of Prior Contracts

Any contract entered into between a public school teacher and a local board of education prior to April 27, 2004, meeting the aforementioned criteria, shall be deemed valid ab initio.

(Act 2004-300, p. 425, §6.)

§ 16-24-66 Continuing Service Status Requirements

Any teacher employed in the public schools under this article shall meet the same requirements for attaining continuing service status as defined in Section 16-24-2.

(Act 2004-300, p. 425, §7.)

§ 16-24-67 Annual Report

Annually, each local board of education shall report to the State Department of Education the number of part-time teachers employed on a regular basis, by school and by subjects taught.

(Act 2004-300, p. 425, §8.)

§ 16-24-68 Written Education Policies, Rules, and Regulations

The local board of education shall comply with Section 16-1-30.

(Act 2004-300, p. 425, §9.)

Chapter 24B Teacher Accountability Act

Article 1 The Teacher Accountability Act

§ 16-24B-1 Short Title

This chapter shall be known and may be cited as the “Teacher Accountability Act.”

(Act 2000-733, p. 1588, §1.)

§ 16-24B-2 Definitions

As used in this chapter, the following terms shall have the following meanings:

(1) CHIEF EXECUTIVE OFFICER. The chief administrative officer of the employing board, including the superintendent of any public county or city school system, the President of the Alabama Institute for Deaf and Blind, and the Superintendent of the Department of Youth Services School District.

(2) CONTRACT PRINCIPAL. Includes only those persons hired on or after July 1, 2000, and certified for the position of principal as prescribed by the State Board of Education and who are employed by an employing board as the chief administrator of a school, including a vocational center.

(3) CONTRACT YEAR. Period of contract principal’s employment up to 12 months mutually agreed upon by the contract principal and employing board.

(4) DAY. A calendar day. In computing any period of time prescribed or allowed by this chapter, the day of the act or event from which the designated period of time begins to run shall not be included, and the last day of the period shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which case the period shall run until the end of the next day, which is not a Saturday, Sunday, or legal holiday. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. A legal holiday includes all days so designated by the Governor, all days so designated pursuant to Rule 6(a) of the Alabama Rules of Civil Procedure, and all days on which the central office of the employing board is closed for business.

(5) EMPLOYING BOARD. Includes all local boards of education, the Board of Trustees of the Alabama Institute for Deaf and Blind, and the Alabama Youth Services Board in its capacity as the Board of Education for the Department of Youth Services School District.

(6) MEDIATOR. A person who is experienced in the field of alternative dispute resolution, and/or a person who has completed a course of training in alternative dispute resolution, and/or has been recognized as an arbitrator by an entity regularly engaged in providing arbitration services.

(7) PRINCIPAL. Includes only those persons hired before July 1, 2000, and certified for the position of principal as prescribed by the State Board of Education and who are employed by an employing board as the chief administrator of a school, including a vocational center.

(8) PROBATIONARY PRINCIPAL. Any principal hired for the first time in any local school system as a principal on or after July 1, 2000.

(Act 2000-733, p. 1588, §2.)

§ 16-24B-3 Principals - Probationary and Contract Principals

(a) Any other provision of law to the contrary notwithstanding, persons employed as principals in the public schools in Alabama on or after July 1, 2000, may, at the election of the employing board and upon the recommendation of the chief executive officer, be employed as probationary principals for up to one full contract year; provided, however, that if such person is being employed as a principal for the first time, such probationary period may be for up to two full contract years. After completion of such probationary period, the same employing board, upon the recommendation of the chief executive officer, shall either offer the probationary principal not less than a three-year contract pursuant to this section or terminate the probationary principal for any reason, or without a stated reason, as the case may be. In the case of a probationary principal who is terminated prior to the end of the school year, the probationary principal shall be entitled to the hearing process as described in this section. Any contract principal hired on or after July 1, 2000, to work in the capacity of a contract principal in a public school in the state shall be properly certified and shall be employed pursuant to a written contract for an initial period of not less than three years. The initial contract of not less than three years may only be canceled for cause as described in subdivision (1) of subsection (e). If the contract is cancelled for cause related to failure to perform duties in a satisfactory manner, as evidenced by an unsatisfactory evaluation, the chief executive officer and the employing board shall be subject to the review provisions described in subsection (j).

(b) Subject to the procedures described in subsection (c), in the case of a contract principal after the probationary term of the contract, the contract shall be renewed for a period not less than three years, and shall contain a provision for cancellation during the term of the contract only for just cause, described in subdivision (1) of subsection (e).

(c) Notwithstanding whether the contract is the initial contract or otherwise, should the chief executive officer make a recommendation to the employing board followed by a majority vote of the board not to offer a new, renewed, or extended contract to the contract principal, the vote of the employing board shall be made at least 90 days before the end of the existing contract. The recommendation shall contain written notice of the decision of the chief executive officer and the reasons for the decision to nonrenew the contract. Notice shall be provided to the contract principal either by personal service or by certified mail, return receipt requested, mailed to the last known address of the contract principal. The decision of the chief executive officer and the employing board may be based on any reason except personal or political reasons.

(d) Nothing in this section or chapter shall be construed to confer continuing service status or nonprobationary status on any contract or probationary principal.

(e)(1) An employing board may cancel the contract of a contract principal for cause at any time for any of the following reasons:

a. Immorality.

b. Insubordination.

c. Neglect of duty.

d. Conviction of a felony or a crime involving moral turpitude.

e. Failure to fulfill the duties and responsibilities imposed upon principals by this code.

f. Willful failure to comply with board policy.

g. A justifiable decrease in the number of positions due to decreased enrollment or decreased funding.

h. Failure to maintain his or her certificate in a current status.

i. Other good and just cause.

j. Incompetency.

k. Failure to perform duties in a satisfactory manner.

(2) Within five days of the action of the employing board of canceling or nonrenewing the contract of the contract principal, the employing board shall provide written notice pursuant to subsection (c) to the contract principal with a statement of the reasons upon which such action was taken.

a. Within 10 days of the date of receipt of notice provided to a contract principal informing him or her of an action by the employing board to nonrenew the principal’s contract at the end of its current term, the contract principal, by filing written notice with the chief executive officer, may request a nonjury, expedited evidentiary hearing to demonstrate that the chief executive officer’s or supervisor’s recommendation to nonrenew the contract was impermissibly based upon a personal or political reason, or the recommendation was approved based upon personal or political reasons of the chief executive officer, supervisor, or the employing board, which shall be the sole issues at any such hearing. The contract principal shall bear the burden of proof by a preponderance of the evidence. The hearing shall be before the circuit court in the judicial circuit of the county in which the employing board sits. The expedited evidentiary hearing shall be binding on all parties. Promptly after delivering a written request for such a hearing, the contract principal or his or her designee shall file with the appropriate circuit court a request for an expedited hearing and shall provide a copy of the request to the chief executive officer.

b. In the case of a contract principal who is recommended for cancellation for cause pursuant to subdivision (1) of this subsection, within 10 days of the date of receipt by the contract principal of the notice informing him or her of an action by the employing board to cancel the principal’s contract for cause as provided in subdivision (1) of this subsection, the principal may, by filing written notice with the chief executive officer, request a nonjury, expedited evidentiary hearing before the circuit court in the county in which the employing board sits. The chief executive officer shall provide notice to the circuit court promptly after receiving such notice, that the employing board requests the non-jury, expedited evidentiary hearing. At the hearing the employing board shall bear the burden to prove, by a preponderance of the evidence, that the cancellation is solely for cause pursuant to subdivision (1) of this subsection.

(3) All contract principals shall be entitled to an expedited evidentiary hearing process, which shall occur within 45 days of the chief executive officer’s or the contract principal’s request, as the case may be, for an expedited hearing pursuant to subdivision (3) of this subsection. If the circuit court determines that it is not able to complete the expedited evidentiary hearing within the 45-day period, the court shall refer the parties to a mediator to conduct the expedited evidentiary hearing within 45 days of the chief executive officer’s or the contract principal’s request for the expedited hearing. The written decision of the mediator shall be binding on the parties.

(4) The contract principal may request reinstatement at the expedited evidentiary hearing. If such an action is initiated by the contract principal, as allowed herein, the pay and benefits of the contract principal shall be discontinued only upon a final order denying reinstatement by the circuit court or the mediator.

(f)(1) Failure to file a timely request for an expedited evidentiary hearing, unless excused by the court or the mediator, shall result in a waiver of the right to appeal the decision of the employing board. No further action is necessary by the employing board.

(2) At the end of the term of the probationary contract, or any subsequent contract, absent a written recommendation by the chief executive officer for cancellation or nonrenewal and an acceptance of that recommendation by a majority vote of the employing board, the employing board shall enter into a new contract with the contract principal for a period of not less than three years.

(g) The decision of the circuit court or mediator shall be final and exclusively appealable to the Alabama Court of Civil Appeals, as a nonevidentiary appeal in which review is limited to the record from the expedited evidentiary hearing as provided for in this chapter.

(h)(1) Any principal hired before July 1, 2000, who has not obtained continuing service status with an employing board under prior law and any principal who attained continuing service status under prior law before July 1, 2000, may voluntarily and irrevocably relinquish his or her continuing service status as a principal and elect to be employed by contract.

(2) The relinquishment of continuing service status and election to serve under contract shall be made in writing to the employing board at least 30 days before the start of the immediately succeeding scholastic year to be effective in that scholastic year, and thereafter.

(i)(1) The chief executive officer, or his or her designee, shall at least annually evaluate the performance of each contract principal. The evaluation shall be performed in a manner prescribed by the State Board of Education.

(2) The employing board, upon the written recommendation of the chief executive officer, may at any time enter into a new contract of not less than three years with the contract principal. In the event of an unsatisfactory but remediable performance on the evaluation as prescribed by the State Board of Education, a conference shall be held with the contract principal and a specific plan of professional development shall be presented by the chief executive officer, which specifies the area or areas of unsatisfactory performance and recommends a plan to correct the unsatisfactory performance. The contract principal shall complete the specific plan of professional development prior to the next evaluation. In the event of an evaluation indicating unsatisfactory performance as prescribed by the State Board of Education, the chief executive officer shall either recommend to the local board of education cancellation of the contract for cause as outlined in subsection (e)(1) of this section or a conference shall be held with the contract principal and a specific plan of professional development shall be presented by the chief executive officer, which specifies the area of unsatisfactory performance and recommends a plan to correct the unsatisfactory performance. The contract principal shall complete the specific plan of professional development prior to the next evaluation.

(j)(1) Within 15 days after an unsatisfactory evaluation as prescribed by the State Board of Education and upon receipt of a recommendation by the chief executive officer for cancellation of the contract for cause as outlined in subsection (e)(1), a contract principal may request, in writing to the chief executive officer, a review of the evaluation.

(2) The review of the evaluation shall be conducted by an independent third party evaluator who shall determine whether sufficient cause exists for the unsatisfactory finding and be chosen in the following manner:

a. Within five days of the request for a review of the evaluation, the chief executive officer or designee shall request a list of five persons who are certified to evaluate contract principals from the State Department of Education.

b. From the list described in paragraph a., the chief executive officer and the contract principal shall each strike two names.

c. The State Superintendent of Education shall designate an evaluator from the name or names remaining.

(3) The review of the evaluation shall be completed within 30 days after the request for a review of the evaluation is received by the chief executive officer.

(4)a. If the result of the review of the evaluation overturns the unsatisfactory evaluation, then the contract of the contract principal shall be continued for the remainder of the term of the contract subject to subsection (e)(1).

b. If the result of the review of the evaluation upholds the unsatisfactory evaluation, the contract principal shall be informed of the reasons for the upholding of the unsatisfactory evaluation and the contract of the contract principal shall be cancelled.

(k) Except as provided in subsection (h), the contract of a principal holding the position on July 1, 2000, shall not be canceled, nonrenewed, reduced, or changed in compensation or continuing service status, or time toward continuing service status, due to the enactment of this chapter.

(l)(1) Any decision not to continue the employment of a probationary principal or contract principal shall be made by a majority vote of the employing board upon the written recommendation of the chief executive officer.

(2) The decision not to continue the employment of a contract principal shall cancel the employment relationship between the employing board and the contract principal effective at the end of the current contract period.

(3) Any contract principal who had attained continuing service status in a position other than principal with the employing board before becoming a contract principal shall retain that previously earned status and be returned to a similar status position within a reasonable time of the cancellation or nonrenewal of their contract as a principal with the employing board, provided that the cause for cancellation is not for conviction of a felony or crime involving moral turpitude.

(m) If a contract principal is not evaluated as required by this section, his or her contract shall be extended one additional contract year for each contract year not evaluated up to three years.

(n) The chief executive officer shall make a timely written recommendation to the employing board regarding the continued employment of a probationary principal at the end of his or her probationary period and the continued employment of a contract principal at the end of his or her contract. Failure of the chief executive officer to make such a recommendation shall not in any way prejudice the probationary principal or contract principal.

(Act 2000-733, p. 1588, §3; Act 2007-467, 984, §1.)

§ 16-24B-3.1 Principals - Cancellation of Contract

(a) Notwithstanding any other provision of this chapter, the employment contract of a principal or contract principal, whose certificate is revoked by the State Superintendent of Education pursuant to subsection (b) of Section 16-23-5, shall be immediately cancelled, any provision of Section 16-24B-3 to the contrary notwithstanding.

(b) If the conviction resulting in the revocation of the certificate pursuant to subsection (b) of Section 16-23-5 is overturned on appeal, the State Superintendent of Education, upon receipt of notice of the reversal shall immediately reinstate the certificate of the principal or contract principal, and the local board of education, at its discretion, shall place the principal or contract principal in a position commensurate with the employee’s licensure from the State Department of Education or on paid administrative leave. Regardless of whether the certificate of the principal or contract principal is reinstated or a new employment contract is entered into, the principal or contract principal, within 45 days, shall be reimbursed for any back pay, plus benefits, from the date of cancellation, up to and including the date his or her conviction is overturned.

(c) Nothing in this section shall be construed to preclude the State Superintendent of Education or the local board of education from pursuing other legal action against the principal or contract principal based upon the underlying circumstances of the conviction.

(Act 2010-264, p. 482, §2.)

§ 16-24B-4 Principals - Duties

(a) Subject to the authority of the chief executive officer and the employing board, a principal and contract principal shall supervise the daily operation and management of personnel, finances, facilities, and other matters of the school or campus for which the principal and contract principal is responsible. A principal and contract principal shall assume the administrative responsibility and instructional leadership, as directed by the chief executive officer, consistent with the policies of the employing board, for the planning, management, operation, and evaluation of the education program of each school or campus under the responsibility of the principal and contract principal.

(b) A principal and contract principal shall observe all rules, policies, and procedures relative to the operation of the public schools as established by applicable law, rule, and standard of both the State Board of Education and the employing board.

(c) A principal and contract principal shall perform all other duties assigned by the chief executive officer, consistent with the policies of the employing board and the law.

(d) A principal and contract principal shall make written advisory recommendations to the chief executive officer regarding the appointment, assignment, promotion, transfer, and cancellation of the contracts of all personnel assigned to any school or campus under his or her responsibility. If the recommendation of a principal and contract principal regarding an appointment, assignment, or promotion is rejected, the principal and contract principal shall submit a second recommendation regarding that appointment, assignment, or promotion, subject to this chapter and board policy. These advisory recommendations shall not be binding upon the chief executive officer, and the chief executive officer shall have final authority for all personnel assignments within the applicable school system.

(Act 2000-733, p. 1588, §4.)

§ 16-24B-5 Appeals

(a) All appeals of a final decision from the expedited evidentiary hearing shall lie with the Alabama Court of Civil Appeals. An appeal shall be filed within 14 days after the receipt of the final written decision of the circuit judge or the mediator. An appeal by either party shall be perfected by filing a written notice of appeal with the clerk of the Court of Civil Appeals within 14 days after the receipt of the final written decision of the circuit judge or the mediator by the party. Failure to file a timely notice of appeal shall render the decision of the circuit judge or the mediator final. Within 28 days after an appeal is filed, the chief executive officer shall transmit the record to the clerk. Failure of the chief executive officer to timely transmit a full and accurate record to the clerk shall result in a favorable decision being entered by the court for the contract principal.

(b) The decision of the circuit judge or the mediator shall be affirmed on appeal unless the Court of Civil Appeals finds the decision to be against the great weight of the evidence.

(c) The final written decision of a judge or mediator which is not appealed, or is affirmed on appeal, shall have the force and effect of a final judgment upon which execution may issue, or which may be enforced by other appropriate writ.

(Act 2000-733, p. 1588, §5.)

§ 16-24B-6 Preliminary Certificate; Breach of Principal Employment Contract

(a) An individual who has not completed a teacher education program in Principal or Educational Administrator may be eligible for a preliminary certificate, which could lead to full certification by the Alabama Department of Education under rules approved by the Alabama State Board of Education.

(b) No action shall lie for the recovery of damages for the breach of any employment contract of a contract principal in the public schools.

(Act 2000-733, p. 1588, §6.)

§ 16-24B-7 Teacher Transfers

[Repealed]

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.

(Act 2000-733, p. 1588, §7.)

§ 16-24B-8 Opposition to Employment Action

It shall be unlawful for an employing board to cancel or reduce the contract of a teacher, principal, or contract principal or to transfer, reprimand, or discipline a teacher because the teacher opposed any employment action under this chapter or this title.

(Act 2000-733, p. 1588, §8.)

Article 2 Assistant Administrator Accountability Act

§ 16-24B-50 Short Title

This article shall be known and may be cited as the Assistant Administrator Accountability Act.

(Act 2024-360, §2.)

§ 16-24B-51 Definitions

As used in this article, the following terms have the following meanings:

(1) ASSISTANT ADMINISTRATIVE OFFICER. Includes only those individuals hired before July 1, 2024, and certified for their position as prescribed by the State Board of Education and who are employed by an employing board as an assistant superintendent, assistant chief school finance officer, or assistant principal of a school system or school, including a vocational center.

(2) CHIEF EXECUTIVE OFFICER. The term as defined in Section 16-24B-2.

(3) CONTRACT ASSISTANT ADMINISTRATIVE OFFICER. Includes only those individuals hired on or after July 1, 2024, and certified for their position as prescribed by the State Board of Education and who are employed by a participating employing board as an assistant superintendent, assistant chief school finance officer, or assistant principal of a school system or school, including a vocational center, pursuant to this article.

(4) CONTRACT YEAR. The term as defined in Section 16-24B-2.

(5) DAY. The term as defined in Section 16-24B-2.

(6) EMPLOYING BOARD. The term as defined in Section 16-24B-2.

(7) MEDIATOR. The term as defined in Section 16-24B-2.

(8) PARTICIPATING EMPLOYING BOARD. An employing board that elects to employ assistant administrative officers pursuant to contracts as provided by this article.

(9) PROBATIONARY ASSISTANT ADMINISTRATIVE OFFICER. Any assistant superintendent, assistant chief school finance officer, or assistant principal hired for the first time in any local school system or school as an assistant superintendent, assistant chief school finance officer, or assistant principal on or after July 1, 2024.

(Act 2024-360, §2.)

§ 16-24B-52 Assistant Administrative Officers; Probationary and Contract Assistant Administrative Officers

(a) Any other provision of law to the contrary notwithstanding, any individual employed as an assistant administrative officer in the public schools in Alabama on or after July 1, 2024, at the election of a participating employing board and upon the recommendation of the chief executive officer, may be employed as a probationary assistant administrative officer for up to one full contract year; provided, however, that if the individual is being employed as an assistant administrative officer for the first time, the probationary period may be for up to two full contract years. After completion of the probationary period, the same participating employing board, upon the recommendation of the chief executive officer, shall either offer the probationary assistant administrative officer not less than a three-year contract pursuant to this section or terminate the probationary assistant administrative officer for any reason, or without a stated reason, as the case may be. In the case of a probationary assistant administrative officer who is terminated prior to the end of the school year, the probationary assistant administrative officer shall be entitled to the hearing process as described in this section. Any contract assistant administrative officer hired on or after July 1, 2024, to work in the capacity of a contract assistant administrative officer in a public school in the state shall be properly certified and shall be employed pursuant to a written contract for an initial period of not less than three years. The initial contract of not less than three years may only be canceled for cause as described in subdivision (e)(1). If the contract is canceled for cause related to failure to perform duties in a satisfactory manner, as evidenced by an unsatisfactory evaluation, the chief executive officer and the participating employing board shall be subject to the review provisions described in subsection (j).

(b) Subject to the procedures described in subsection (c), in the case of a contract assistant administrative officer after the probationary term of the contract, the contract shall be renewed for a period not less than three years, and shall contain a provision for cancellation during the term of the contract only for just cause, described in subdivision (e)(1).

(c) Notwithstanding whether the contract is the initial contract or otherwise, should the chief executive officer make a recommendation to the participating employing board followed by a majority vote of the board not to offer a new, renewed, or extended contract to the contract assistant administrative officer, the vote of the participating employing board shall be made at least 90 days before the end of the existing contract. The recommendation shall contain written notice of the decision of the chief executive officer and the reasons for the decision to nonrenew the contract. Notice shall be provided to the contract assistant administrative officer either by personal service or by certified mail, return receipt requested, mailed to the last known address of the contract assistant administrative officer. The decision of the chief executive officer and the participating employing board may be based on any reason except personal or political reasons.

(d) Nothing in this section or article shall be construed to confer continuing service status or nonprobationary status on any contract or probationary assistant administrative officer.

(e)(1) A participating employing board may cancel the contract of a contract assistant administrative officer for cause at any time for any of the following reasons:

a. Immorality.

b. Insubordination.

c. Neglect of duty.

d. Conviction of a felony or a crime involving moral turpitude.

e. Failure to fulfill the duties and responsibilities imposed upon an assistant administrative officer by law.

f. Willful failure to comply with policy of the participating employing board.

g. A justifiable decrease in the number of positions due to decreased enrollment or decreased funding.

h. Failure to maintain his or her certificate in a current status.

i. Incompetency.

j. Failure to perform duties in a satisfactory manner.

k. Other good and just cause.

(2) Within five days of the action of the participating employing board of canceling or nonrenewing the contract of a contract assistant administrative officer, the participating employing board shall provide written notice pursuant to subsection (c) to the contract assistant administrative officer with a statement of the reasons upon which the action was taken.

a. Within 20 working days after the date of receipt of notice provided to a contract assistant administrative officer informing him or her of an action by the participating employing board to nonrenew the assistant administrative officer’s contract at the end of the current term of the contract, the contract assistant administrative officer, by filing written notice with the chief executive officer, may request a nonjury, expedited evidentiary hearing to demonstrate that the chief executive officer’s or supervisor’s recommendation to nonrenew the contract was impermissibly based upon a personal or political reason, or the recommendation was approved based upon personal or political reasons of the chief executive officer, supervisor, or the participating employing board, which shall be the sole issues at the hearing. The contract assistant administrative officer shall bear the burden of proof by a preponderance of the evidence. The hearing shall be held before the circuit court in the judicial circuit of the county in which the participating employing board sits. The expedited evidentiary hearing shall be binding on all parties. Promptly after delivering a written request for a hearing, the contract assistant administrative officer, or his or her designee, shall file with the appropriate circuit court a request for an expedited hearing and shall provide a copy of the request to the applicable chief executive officer.

b. In the case of a contract assistant administrative officer who is recommended for cancellation for cause pursuant to subdivision (1), within 20 working days after the date of receipt by the contract assistant administrative officer of the notice informing him or her of an action by the participating employing board to cancel the assistant administrative officer’s contract for cause as provided in subdivision (1), the contract assistant administrative officer, by filing written notice with the chief executive officer, may request a nonjury, expedited evidentiary hearing before the circuit court in the county in which the participating employing board sits. The chief executive officer shall provide notice to the circuit court promptly after receiving notice that the participating employing board requests the nonjury, expedited evidentiary hearing. At the hearing, the participating employing board shall bear the burden to prove, by a preponderance of the evidence, that the cancellation is solely for cause pursuant to subdivision (1).

(3) All contract assistant administrative officers shall be entitled to an expedited evidentiary hearing process, which shall occur within 45 days after the chief executive officer’s or the contract assistant administrative officer’s request, as the case may be, for an expedited hearing pursuant to subdivision (2). If the circuit court determines that it is not able to complete the expedited evidentiary hearing within the 45-day period, the court shall refer the parties to a mediator to conduct the expedited evidentiary hearing within 45 days after the chief executive officer’s or the contract assistant administrative officer’s request for the expedited hearing. The written decision of the mediator shall be binding on the parties.

(4) The contract assistant administrative officer may request reinstatement at the expedited evidentiary hearing. If such an action is initiated by the contract assistant administrative officer, the pay and benefits of the contract assistant administrative officer shall be discontinued only upon a final order denying reinstatement by the circuit court or the mediator.

(f)(1) Failure to file a timely request for an expedited evidentiary hearing, unless excused by the court or the mediator, shall result in a waiver of the right to appeal the decision of the participating employing board. No further action shall be necessary by the participating employing board.

(2) At the end of the term of the probationary contract or any subsequent contract, absent a written recommendation by the chief executive officer for cancellation or nonrenewal and an acceptance of that recommendation by a majority vote of the participating employing board, the participating employing board shall enter into a new contract with the contract assistant administrative officer for a period of not less than three years.

(g) The decision of the circuit court or mediator shall be final and exclusively appealable to the Alabama Court of Civil Appeals as a nonevidentiary appeal in which review is limited to the record from the expedited evidentiary hearing as provided for in this article.

(h)(1) Any assistant administrative officer hired before July 1, 2024, who has not obtained continuing service status with an employing board under prior law and any assistant administrative officer who attained continuing service status under prior law before July 1, 2024, may voluntarily and irrevocably relinquish his or her continuing service status as an assistant administrative officer and elect to be employed by contract.

(2) The relinquishment of continuing service status and election to serve under contract shall be made in writing to the participating employing board at least 30 days before the start of the immediately succeeding scholastic year to be effective in that scholastic year and thereafter.

(i)(1) The chief executive officer, or his or her designee, shall at least annually evaluate the performance of each contract assistant administrative officer. The evaluation shall be performed in a manner prescribed by the State Board of Education.

(2) The participating employing board, upon the written recommendation of the chief executive officer, may at any time enter into a new contract of not less than three years with the contract assistant administrative officer. In the event of an unsatisfactory but remediable performance on the evaluation as prescribed by the State Board of Education, a conference shall be held with the contract assistant administrative officer and a specific plan of professional development shall be presented by the chief executive officer which specifies the area or areas of unsatisfactory performance and recommends a plan to correct the unsatisfactory performance. The contract assistant administrative officer shall complete the specific plan of professional development prior to the next evaluation. In the event of an evaluation indicating unsatisfactory performance as prescribed by the State Board of Education, the chief executive officer shall either recommend to the participating employing board cancellation of the contract for cause as outlined in subdivision (e)(1) or a conference shall be held with the contract assistant administrative officer and a specific plan of professional development shall be presented by the chief executive officer which specifies the area of unsatisfactory performance and recommends a plan to correct the unsatisfactory performance. The contract assistant administrative officer shall complete the specific plan of professional development prior to the next evaluation.

(j)(1) Within 15 days after an unsatisfactory evaluation as prescribed by the State Board of Education and upon receipt of a recommendation by the chief executive officer for cancellation of the contract for cause as outlined in subdivision (e)(1), a contract assistant administrative officer, in writing to the chief executive officer, may request a review of the evaluation.

(2) The review of the evaluation shall be conducted by an independent third-party evaluator who shall determine whether sufficient cause exists for the unsatisfactory finding and be chosen in the following manner:

a. Within five days after the request for a review of the evaluation, the chief executive officer or designee shall request a list of five individuals who are certified to evaluate contract assistant administrative officers from the State Department of Education.

b. From the list described in paragraph a., the chief executive officer and the contract assistant administrative officer shall each strike two names.

c. The State Superintendent of Education shall designate an evaluator from the name or names remaining.

(3) The review of the evaluation shall be completed within 30 days after the request for a review of the evaluation is received by the chief executive officer.

(4)a. If the result of the review of the evaluation overturns the unsatisfactory evaluation, then the contract of the contract assistant administrative officer shall be continued for the remainder of the term of the contract subject to subdivision (e)(1).

b. If the result of the review of the evaluation upholds the unsatisfactory evaluation, the contract assistant administrative officer shall be informed of the reasons for the upholding of the unsatisfactory evaluation and the contract of the contract assistant administrative officer shall be canceled.

(k) Except as provided in subsection (h), the contract of an assistant administrative officer holding the position on July 1, 2024, shall not be canceled, nonrenewed, reduced, or changed in compensation or continuing service status, or time toward continuing service status, due to the enactment of this article.

(l)(1) Any decision not to continue the employment of a probationary assistant administrative officer or contract assistant administrative officer shall be made by a majority vote of the participating employing board upon the written recommendation of the chief executive officer.

(2) The decision not to continue the employment of a contract assistant administrative officer shall cancel the employment relationship between the participating employing board and the contract assistant administrative officer effective at the end of the current contract period.

(3) Any contract assistant administrative officer who had attained continuing service status in a position other than as an assistant administrative officer with the participating employing board before becoming a contract assistant administrative officer shall retain that previously earned status and be returned to a similar status position within a reasonable time after the cancellation or nonrenewal of his or her contract as an assistant administrative officer with the participating employing board, provided that the cause for cancellation is not for conviction of a felony or crime involving moral turpitude.

(m)(1) Commencing on July 1, 2024, an employing board may elect to employ assistant administrative officers pursuant to this article on a contract basis in lieu of the tenure process provided in Chapter 24C, the Students First Act of 2011. After an election is made, the participating employing board may not revert back to the tenure process without the passage of a local legislative act.

(2) Upon passage of a local legislative act mandating reversion, the terms and conditions of any contract executed pursuant to this article shall be fulfilled, and any contract assistant administrative officer who had previously attained continuing service status with the employing board under the Students First Act of 2011, before becoming a contract assistant administrative officer, shall revert back to his or her previously earned status and be returned to a similar status position.

(n) If a contract assistant administrative officer is not evaluated as required by this section, his or her contract shall be extended one additional contract year for each contract year not evaluated up to three years.

(o) The chief executive officer shall make a timely written recommendation to the participating employing board regarding the continued employment of a probationary assistant administrative officer at the end of his or her probationary period and the continued employment of a contract assistant administrative officer at the end of his or her contract. Failure of the chief executive officer to make a recommendation shall not in any way prejudice the probationary assistant administrative officer or contract assistant administrative officer.

(Act 2024-360, §2.)

§ 16-24B-53 Assistant Administrative Officers; Cancellation of Contract

(a) Notwithstanding any other provision of this article, the employment contract of an assistant administrative officer or contract assistant administrative officer, whose certificate is revoked by the State Superintendent of Education pursuant to Section 16-23-5(b), shall be immediately cancelled.

(b) If the conviction resulting in the revocation of the certificate pursuant to Section 16-23-5(b) is overturned on appeal, the State Superintendent of Education, upon receipt of notice of the reversal, shall immediately reinstate the certificate of the assistant administrative officer or contract assistant administrative officer, and the employing board or participating employing board, at its discretion, shall place the assistant administrative officer or contract assistant administrative officer in a position commensurate with the employee’s licensure from the State Department of Education or on paid administrative leave. Regardless of whether the certificate of the assistant administrative officer or contract assistant administrative officer is reinstated or a new employment contract is entered into, the assistant administrative officer or contract assistant administrative officer, within 45 days, shall be reimbursed for any back pay, plus benefits, from the date of cancellation up to and including the date his or her conviction is overturned.

(c) Nothing in this section shall be construed to preclude the State Superintendent of Education or the employing board or participating employing board from pursuing other legal action against the assistant administrative officer or contract assistant administrative officer based upon the underlying circumstances of the conviction.

(Act 2024-360, §2.)

§ 16-24B-54 Assistant Administrative Officers; Duties

(a) Subject to the authority of the chief executive officer and the employing board or participating employing board, an assistant administrative officer and contract assistant administrative officer shall assist his or her supervisor with the supervision of the daily operation and management of personnel, finances, facilities, and other matters of the school or campus for which the assistant administrative officer or contract assistant administrative officer is responsible. An assistant administrative officer and contract assistant administrative officer shall assist with the administrative responsibility and instructional leadership, as directed by the chief executive officer or his or her supervisor, consistent with the policies of the employing board or participating employing board, for the planning, management, operation, and evaluation of the education program of the school system, department, and each school or campus, or both, under the responsibility of the assistant administrative officer or contract assistant administrative officer.

(b) An assistant administrative officer and contract assistant administrative officer shall observe all rules, policies, and procedures relative to the operation of the public schools as established by applicable law, rule, and standard of both the State Board of Education and the employing board or participating employing board.

(c) An assistant administrative officer and contract assistant administrative officer shall perform all other duties assigned by the chief executive officer, consistent with the policies of the employing board or participating employing board and the law.

(d) An assistant administrative officer and contract assistant administrative officer, if asked by his or her supervisor, shall make written advisory recommendations to the chief executive officer or his or her supervisor, or both, regarding the appointment, assignment, promotion, transfer, and cancellation of the contracts of all personnel assigned to the school system, department, and any school or campus under his or her responsibility. Advisory recommendations are not binding upon the chief executive officer or the supervisor of the assistant administrative officer or the contract assistant administrative officer, and the chief executive officer shall have final authority for all personnel assignments within the applicable school system.

(Act 2024-360, §2.)

§ 16-24B-55 Appeals

(a) All appeals of a final decision from the expedited evidentiary hearing shall lie with the Alabama Court of Civil Appeals. An appeal shall be filed within 14 days after the receipt of the final written decision of the circuit judge or the mediator. An appeal by either party shall be perfected by filing a written notice of appeal with the clerk of the Court of Civil Appeals within 14 days after the receipt of the final written decision of the circuit judge or the mediator by the party. Failure to file a timely notice of appeal shall render the decision of the circuit judge or the mediator final. Within 28 days after an appeal is filed, the chief executive officer shall transmit the record to the clerk. Failure of the chief executive officer to timely transmit a full and accurate record to the clerk shall result in a favorable decision being entered by the court for the contract assistant administrative officer.

(b) The decision of the circuit judge or the mediator shall be affirmed on appeal unless the Court of Civil Appeals finds the decision to be against the great weight of the evidence.

(c) The final written decision of a judge or mediator which is not appealed, or is affirmed on appeal, shall have the force and effect of a final judgment upon which execution may issue, or which may be enforced by other appropriate writ.

(Act 2024-360, §2.)

§ 16-24B-56 Preliminary Certificate; Breach of Assistant Administrative Officer Employment Contract

(a) An individual who has not completed a teacher education program in Principal or Educational Administrator may be eligible for a preliminary certificate, which could lead to full certification by the State Department of Education under rules approved by the State Board of Education.

(b) No action shall lie for the recovery of damages for the breach of any employment contract of a contract assistant administrative officer in the public schools.

(Act 2024-360, §2.)

§ 16-24B-57 Opposition to Employment Action

It shall be unlawful for an employing board or participating employing board to cancel or reduce the contract of a teacher, assistant administrative officer, or contract assistant administrative officer or to transfer, reprimand, or discipline a teacher because the teacher opposed any employment action under this article or this title.

(Act 2024-360, §2.)

Chapter 24C Students First Act

§ 16-24C-1 Short Title

This chapter shall be known and may be cited as the Students First Act of 2011.

(Act 2011-270, p. 494, §1.)

§ 16-24C-2 Legislative Intent

The purpose of this chapter is to improve the quality of public education in the State of Alabama by doing all of the following:

(1) Providing for fundamental fairness and due process to employees covered by this chapter.

(2) Restoring primary authority and responsibility for maintaining a competent educational workforce to employers covered by this chapter.

(3) Enhancing the ability of public educational agencies to increase student academic achievement and student performance through effective allocation of personnel resources.

(4) Investing employers covered by this chapter with the discretion and flexibility necessary to make the most effective use of limited educational resources.

(5) Eliminating costly, cumbersome, and counterproductive legal challenges to routine personnel decisions by simplifying administrative adjudication and review of contested personnel decisions.

(Act 2011-270, p. 494, §2.)

§ 16-24C-3 Definitions

For purposes of this chapter, the following terms shall have the following meanings:

(1) CHIEF EXECUTIVE OFFICER. The chief administrative and executive officer of an entity, institution, agency, or political subdivision of the state that is subject to this chapter and includes, without limitation, superintendents of city or county boards of education and presidents of two-year educational institutions operated under authority and control of the Board of Trustees of the Alabama Community College System. The term includes individuals serving in such a capacity on an acting or interim basis under lawful appointment or by operation of law.

(2) CLASSIFIED EMPLOYEE. All adult bus drivers, all full-time lunchroom or cafeteria workers, janitors, custodians, maintenance personnel, secretaries and clerical assistants, instructional aides or assistants, whether or not certificated, non-certificated supervisors, and, except as hereinafter provided, all other individuals who are not teachers as defined herein who are full-time employees of a city or county board of education, two-year educational institutions operated under the authority and control of the Board of Trustees of the Alabama Community College System, the Alabama Institute for Deaf and Blind, including production workers at the Alabama Industries for the Blind, and educational and correctional institutions under the control of the Department of Youth Services. The term does not include the employer’s chief executive officer, vice president, chief school financial officer, or assistant administrative officer as defined in Section 16-24B-51. Full-time employees include adult bus drivers and other employees whose duties require 20 or more hours in each normal working week of the school term, excluding holidays that are recognized by the employer. Employees who are eligible for coverage under the state Merit System are not covered by this chapter. A probationary classified employee is a classified employee who has not attained nonprobationary status.

(3) EMPLOYEE. Unless otherwise specified, and as appropriate to the context, the term includes either a teacher or a classified employee, or both, whose employment is subject to this chapter.

(4) EMPLOYER. The entity, institution, agency, or political subdivision of the state by which an employee who is subject to this chapter is employed. Employers subject to this chapter include all city and county boards of education, all educational and correctional institutions under the control of the Department of Youth Services, the Alabama Institute for Deaf and Blind, and two-year educational institutions operated under the authority and control of the Board of Trustees of the Alabama Community College System. Each two-year institution operated under the authority and control of the Board of Trustees of the Alabama Community College System is a separate employer for purposes of this chapter.

(5) GOVERNING BOARD. The body of elected or appointed officials that is granted authority by law, rule, or policy to make employment decisions on behalf of the employer. If final decision-making authority with respect to employment decisions is conferred by law, rule, or duly adopted policy on an official, administrator, or organizational unit other than a separate governing board, the decision or action of the official, administrator, or organizational unit, including the president of a two-year educational institution operated under the authority and control of the Board of Trustees of the Alabama Community College System, is that of the governing board for purposes of this chapter, and no additional approval of the decision or action shall be required. Under these circumstances, the official, administrator, president, or organizational unit shall assume and exercise the duties of the governing board established by this chapter. For purposes of this chapter, the State Board of Education shall not be deemed to be or authorized to function as the employer or the governing board of any employer covered by this chapter.

(6) PROBATIONARY TEACHER. A teacher who has not attained tenure.

(7) PROFESSIONAL EDUCATOR’S CERTIFICATE. A certificate or license, by whatever name, designation, or subclassification known or identified, issued by the State Department of Education or recognized under an approved interstate reciprocity program, and that must be maintained by the employee in order to be employed as a teacher in the county and city schools of this state. A professional educator’s certificate does not include provisional, alternative, or emergency certificates, or certificates or licenses that are issued to instructional aides or assistants, to substitute teachers, or to business, technical, operational, or other employees whose job duties do not require or entail the instruction of students or the regular supervision of or interaction with employees with such job duties.

(8) SCHOOL YEAR. The period beginning with the first day of the annual school term and ending with the last day of the annual school term on which classroom instructors are required to report for duty, as established by the governing board. For a two-year educational institution, the school year shall be deemed to begin on the first day of the fall academic semester and continuing through the final day of the spring academic semester, but shall not include the summer academic semester.

(9) TEACHER.

a. All employees of entities that are covered by this chapter who are required by law, rule, or employer policy to maintain a professional educator’s certificate issued by the State Department of Education and who are employed by a city or county board of education, the Alabama Institute for Deaf and Blind, or educational and correctional institutions under the control of the Department of Youth Services. The term also includes instructors employed by two-year educational institutions operated under the authority and control of the Board of Trustees of the Alabama Community College System and principals who had attained tenure under prior law, but who have not elected to become contract principals under Section 16-24B-3(h).

b. The term does not include any of the following:

1. An employer’s chief executive officer, chief school financial officer, or a principal who is employed as or who has elected to become a contract principal under Section 16-24B-3(h), whether or not certification is required for those positions by law or policy.

2. An assistant administrative officer who is employed as or who has elected to become a contract assistant administrative officer under subsection (h) of Section 16-24B-52, whether or not certification is required for those positions by law or policy.

3. Executive and administrative management, including the president, vice president, deans, executive directors, directors, deputies, or chiefs of a public two-year institution of higher education operated under the authority and control of the Board of Trustees of the Alabama Community College System.

(Act 2011-270, p. 494, §3; Act 2024-360, §1; Act 2025-289, §1(b)(3).)

§ 16-24C-4 Tenure of Teachers; Nonprobationary Status of Classified Employees

No action may be proposed or approved based upon personal or political reasons on the part of the employer, chief executive officer, or governing board. A teacher shall attain tenure, and a classified employee shall attain nonprobationary status as follows:

(1) Except as otherwise provided by Section 16-23-3, a teacher who is not an employee of a two-year educational institution operated under the authority and control of the Department of Postsecondary Education, shall attain tenure upon the completion of three complete, consecutive school years of full-time employment as a teacher with the same employer unless the governing board approves and issues written notice of termination to the teacher on or before the last day of the teacher’s third consecutive, complete school year of employment. For purposes of this chapter, a probationary teacher whose employment or reemployment is effective prior to October 1 of the school year and who completes the school year shall be deemed to have served a complete school year. A teacher employed by a two-year educational institution operated under the authority and control of the Department of Postsecondary Education shall attain tenured status upon the completion of six consecutive semesters, excluding summer terms, at the same two-year institution, unless the president issues notice of termination to the teacher on or before 15 days prior to the end of the sixth consecutive semester of employment, excluding summer terms. No probationary teacher employed by a two-year educational institution operated under the authority and control of the Department of Postsecondary Education shall attain tenure during or at the completion of a summer term. For teachers who are required to hold a professional educator’s certificate, time in service without such a certificate shall not be credited toward the attainment of tenure.

(2) A probationary classified employee who is not an employee of a two-year educational institution operated under the authority and control of the Department of Postsecondary Education attains nonprobationary status upon the completion of three complete, consecutive school years of full-time employment with the same employer unless the governing body of the employer approves and issues written notice of termination to the employee on or before the fifteenth day of June immediately following the employee’s third consecutive complete school year of employment. In the first year of each legislative quadrennium, the written notice shall be provided on or before June 30. For purposes of this chapter, a probationary classified employee whose employment or reemployment is effective prior to October 1 of the school year and who completes the school year shall be deemed to have served a complete school year. A probationary classified employee of a two-year educational institution operated under the authority and control of the Department of Postsecondary Education shall attain nonprobationary status upon the completion of 36 consecutive months of employment at the same two-year institution, unless the president issues notice of termination to the classified employee on or before 15 days prior to the end of the thirty-sixth month of employment.

(3) All of the following additional terms, conditions, and limitations apply to the attainment and retention of tenure or nonprobationary status:

a. Only complete school years of service as defined in this chapter, including any leave that is credited to the employee for such purposes under board policy or applicable law, may be credited to the attainment of tenure or nonprobationary status.

b. Neither tenure nor nonprobationary status may be attained as a chief executive officer, a chief school financial officer, as a president or vice president of a two-year educational institution operated under the authority and control of the Department of Postsecondary Education, or in or by virtue of employment in temporary, part-time, substitute, summer school, occasional, seasonal, supplemental, irregular, or like forms of employment, or in positions that are created to serve experimental, pilot, temporary, or like special programs, projects, or purposes, the funding and duration of which are finite.

c. Except as expressly provided to the contrary elsewhere in this chapter, neither tenure nor nonprobationary status in this chapter creates or confers any enforceable right or protected interest in or to a specific position, rank, work site or location, assignment, title, or rate of compensation within those categories of employment.

d. Service performed as a teacher may not be converted to, recognized, or otherwise credited to the employee for the purpose of attaining nonprobationary status as a classified employee. Service performed in the capacity of a classified employee may not be converted to, recognized, or otherwise credited to the employee for the purpose of attaining tenure as a teacher, whether or not the classified employee holds a certificate issued by the State Department of Education.

e. Neither tenured status nor time in probationary service shall be transferable from one employer subject to this chapter to another such employer, except that employees whose employer changes by virtue of annexation, school district formation, consolidation, or a similar reorganization over which the employee has no control shall retain tenure or nonprobationary status and service credit attained by virtue of employment with the predecessor employer.

(Act 2011-270, p. 494, §4.)

§ 16-24C-5 Termination of Employment - Notice; Compensation and Benefits

(a) Probationary classified employees who are not employees of a two-year educational institution operated under the authority and control of the Department of Postsecondary Education may be terminated at the discretion of the employer upon written recommendation of the chief executive officer, a majority vote of the governing board, and issuance of written notice of termination to the employee at any time on or before the fifteenth day of June immediately following the employee’s third consecutive, complete school year of employment. In the first year of each legislative quadrennium, the written notice shall be provided on or before June 30. A probationary classified employee of a two-year educational institution operated under the authority and control of the Department of Postsecondary Education may be terminated at the discretion of the president of such institution upon issuance of a written notice of termination to the employee at any time on or before 15 days prior to the end of 36 consecutive months of employment at the same institution.

(b) The compensation and benefits of a probationary classified employee shall not be terminated before the expiration of 15 calendar days from the date notice of termination is issued to the employee.

(c) Probationary teachers who are not employees of a two-year educational institution operated under the authority and control of the Department of Postsecondary Education may be terminated at the discretion of the employer upon the written recommendation of the chief executive officer, a majority vote of the governing board, and issuance of written notice of termination to the teacher on or before the fifteenth day of June. In the first year of each legislative quadrennium, the written notice shall be provided on or before June 30. A probationary teacher who has not been terminated on or before the dates specified above shall be deemed reemployed as a probationary teacher, except as provided in subdivision (1) of Section 16-24C-4. The employment of any probationary teacher may be terminated before the completion of the school year upon at least 30 calendar days’ written notice of the date on which the governing board is scheduled to vote on such recommendation. Upon issuance of such notice, the teacher may submit a written statement to the chief executive officer and the governing board explaining why such action should not be taken. A probationary teacher employed by a two-year educational institution operated under the authority and control of the Department of Postsecondary Education may be terminated at the discretion of the president of such institution upon issuance of a written notice of termination to the employee at any time on or before 15 days prior to the end of the sixth consecutive semester of employment, excluding summer terms, at the same institution.

(d) The decision to terminate the employment of any probationary employee shall be final and no compensation shall thereafter be due to the employee, except as provided in subsection (b).

(Act 2011-270, p. 494, §5.)

§ 16-24C-6 Termination of Employment - Grounds for Termination; Procedures; Appeals

(a) Tenured teachers and nonprobationary classified employees may be terminated at any time because of a justifiable decrease in the number of positions or for incompetency, insubordination, neglect of duty, immorality, failure to perform duties in a satisfactory manner, or other good and just cause, subject to the rights and procedures hereinafter provided. However, a vote or decision to approve a recommended termination on the part of a president of a two-year educational institution operated under the authority and control of the Department of Postsecondary Education or the governing board shall not be made for political or personal reasons.

(b) The termination of a tenured teacher or nonprobationary classified employee who is not an employee of a two-year educational institution operated under the authority and control of the Department of Postsecondary Education shall be initiated by the recommendation of the chief executive officer in the form of a written notice of proposed termination to the employee. A tenured teacher or a nonprobationary classified employee who is employed by a two-year educational institution operated under the authority and control of the Department of Postsecondary Education may be terminated by the president of such institution upon the issuance of a written notice of proposed termination to the employee by the official of the institution who serves or functions as the senior personnel officer thereof. In either case, the notice shall state the reasons for the proposed termination, shall contain a short and plain statement of the facts showing that the termination is taken for one or more of the reasons listed in subsection (a), and shall be issued in conformity with subsection (k). The notice shall inform the employee, who is not an employee of a two-year educational institution operated under the authority and control of the Department of Postsecondary Education that, in order to request a hearing with the governing board, the employee must file a written request for such a hearing with the chief executive officer within 15 calendar days after issuance of the notice. Should the employee fail to timely file the request for hearing, the governing board shall vote on the recommended termination. Notice to employees of a two-year educational institution operated under the authority and control of the Department of Postsecondary Education, shall inform such employee that, in order to request a hearing with the president of such institution, the employee must file a written request for such a hearing with the president within 15 calendar days after issuance of the notice. Should the employee fail to timely file the request for hearing, the president of such institution shall act on the recommended termination and the president’s decision shall be final. If the employee timely requests a hearing, the hearing shall be set by the employer not less than 30 and not more than 60 calendar days from the date written notice of the time, date, and place of the hearing is issued to the employee, but may be rescheduled by agreement or for good cause shown.

(c) At the hearing, the chief executive officer or, for a two-year educational institution operated under the authority and control of the Department of Postsecondary Education, the official of such institution who serves or functions as the senior personnel officer thereof, based solely on the information provided by the recommending senior supervisor, shall bear the burden of proof with regard to disputed issues of material fact. The employee or his or her representative shall be afforded the opportunity to present testimony, other evidence, and argument on matters relevant to the proposed termination and to cross-examine witnesses whose testimony is proffered in support of the proposed termination. The employee shall have the right to counsel at his or her expense. A court reporter shall record the proceedings at the expense of the State Department of Education or, if applicable, the two-year institution operated under the authority and control of the Department of Postsecondary Education. The hearing may be public or private at the election of the employee. The chief executive officer shall issue subpoenas compelling the appearance of witnesses on the employee’s behalf upon the employee’s timely request for issuance of such subpoenas and may issue subpoenas to any witness who the chief executive officer believes may have knowledge or evidence bearing on the issues presented for determination.

(d) Whether or not the employee requests a hearing before the governing board or the president of the two-year institution, the chief executive officer shall give written notice to the employee of the decision regarding the proposed termination within 10 calendar days after the vote of the board or the decision of the president. If the decision follows a hearing requested by the employee, the notice shall also inform the employee of the right to contest the decision by filing an appeal as provided in this chapter.

(e) An employee who is terminated following a hearing requested by the employee may obtain a review of an adverse decision by filing a written notice of appeal to the State Superintendent of Education within 15 days of receipt of the decision. For employees of a two-year educational institution under the authority of the Department of Postsecondary Education, such notice of appeal shall be submitted to the Department of Postsecondary Education within 15 days of the receipt of the decision. The State Superintendent of Education or the Department of Postsecondary Education shall refer the appeal to the Executive Director of the Alabama State Bar Association who shall obtain a panel of neutrals and administer the hearing officer selection process as is hereinafter provided. The notice of appeal shall state the grounds upon which it is based. A copy of the notice shall be simultaneously served by the employee on the chief executive officer of the employer or the president of the two-year institution under the authority and control of the Department of Postsecondary Education. Upon receiving notice of the employee’s appeal, the employer shall compile and file the record of administrative proceedings, including any hearing transcript, with the hearing officer within 20 days after its receipt of the notice of appeal unless the time is extended by the hearing officer for good cause shown. Except as hereinafter provided, the appeal shall be submitted to the hearing officer. The hearing officer shall hold a hearing. Deference is given to the decision of the employer. A final ruling, either affirming or reversing the decision of the employer, shall be rendered within five days after the hearing.

(f) If the decision of the president or the governing board is set aside by the hearing officer, the employee shall be reinstated and credited with any benefits due under applicable statutes, salary schedules, or compensation policies. Either party may appeal an adverse decision rendered by a hearing officer to the Alabama Court of Civil Appeals by filing a notice of appeal to the court in accordance with the Alabama Rules of Appellate Procedure.

(g) The hearing officer assigned to review appeals hereunder shall be selected from a panel of neutrals comprised of five retired Alabama judges, excluding judges of probate, whose names appear on an official alternative dispute resolution roster maintained by the Alabama Bar Association. Members of the panel shall be identified by the Executive Director of the Alabama State Bar Association on a random and rotating basis and provided to the chief executive officer or the president of the two-year institution under the authority and control of the Department of Postsecondary Education. Upon receiving the names of the panel members, the parties may select the hearing officer from among the names provided or from any other source by agreement. Failing such agreement, the parties shall select the hearing officer by a process of alternating strikes in which the employee shall be provided the first strike and the employer the last strike. The hearing officer selection process shall be completed within 10 calendar days of receipt by the parties of the panel of potential hearing officers. The hearing officer shall not have a personal or professional interest that would conflict with his or her ability to render an objective decision. The hearing officer shall be paid for services rendered hereunder according to criteria, and at the prevailing rate, established by the State Department of Education under the supervision of the State Superintendent of Education and the Chancellor of the Department of Postsecondary Education from funds appropriated for such purposes by the Legislature. All hearing officers must agree to abide by all timelines provided in this section.

(h) The following additional terms, conditions, and limitations apply to terminations and appeals therefrom:

(1) In considering termination recommendations made by the chief executive officer, the governing board acts in an independent and quasi-judicial capacity, and nothing in this chapter shall be construed to prevent the governing board from imposing a lesser sanction than that recommended by the chief executive officer or to preclude a negotiated resolution by the president or the governing board of matters, issues, and disputes arising under this chapter. In considering termination recommendations made by the senior personnel officer of a two-year college under the authority of the Department of Postsecondary Education, the president of the two-year college acts in an independent and quasi-judicial capacity, and nothing in this chapter shall be construed to prevent the president of the two-year college from imposing a lesser sanction than that recommended by the senior personnel officer or to preclude a negotiated resolution by the president of matters, issues, and disputes arising under this chapter.

(2) Reductions in or modifications to employee compensation or benefits or of the length of the work or school year are not terminations or transfers for purposes of this chapter or otherwise subject to challenge or review under this chapter, provided that the action is all of the following:

a. Prospective in effect.

b. Based on the recommendation of the president of a two-year educational institution alone or the chief executive officer and formal approval of the governing board.

c. Applied to similarly situated employees within the two-year college, agency, or system, or within designated operating divisions, departments, or employment classifications therein.

(3) Layoffs or other personnel actions that are unavoidable reductions in the workforce beyond normal attrition due to decreased student enrollment or shortage of revenues as specified in Section 16-1-33, are not subject to challenge or review under this chapter.

(i) An employee may be suspended for cause with or without pay on the written recommendation of the president of a two-year educational institution alone or the chief executive officer and the approval of the governing board. The suspension of a tenured teacher or a nonprobationary employee for no more than 20 work days without pay is not a termination of employment that is subject to review under this chapter. Adequate notice of the reason or reasons for the proposed suspension and an opportunity to present evidence and argument, either in person or in writing, to the president of a two-year educational institution or to the governing board with respect to the proposed action shall be afforded the employee before the imposition of the suspension. Suspensions of tenured teachers or nonprobationary classified employees without pay in excess of 20 work days are subject to the notice, hearing, and review requirements and procedures that apply to terminations of tenured teachers and nonprobationary classified employees under this chapter.

(j) Employees shall not be permitted to delay, defer, or defeat the initiation or pursuit of any termination or other employment action initiated under authority of this chapter based upon the pendency or threatened initiation of criminal proceedings arising out of the facts, circumstances, or subject matter of the employment action. The appearance or testimony of an employee in a proceeding authorized under this chapter shall not cause the employee to waive, forfeit, or relinquish any right against self-incrimination, and no such testimony shall be admitted in any court of this state in a criminal proceeding in which the right applies upon the timely objection of the employee thereto.

(k) Unless otherwise provided, notice for all purposes under this chapter shall be given by United States mail, certified delivery, by private mail carrier for next business day delivery, or by physical delivery to the employee or the last known address of the employee. Notice by certified mail or private mail carrier shall be deemed received by the employee and complete for purposes of this chapter two business days after the notice is deposited for certified delivery in the United States mail or placed with a private mail carrier for next business day delivery. The employer has the burden of producing evidence that service was affected in the manner permitted by this chapter, but the employee has the burden of proving that such service was not properly made.

(l) In any proceeding for which review is provided hereunder, the employer shall arrange for a transcript and record of proceedings conducted before the president of a two-year educational institution or the governing board to be made and maintained by a qualified court reporter for use in connection with such review. All fees and costs associated with making and transcribing the record shall be paid or reimbursed by the State Department of Education or, if applicable, the two-year institution operated under the authority and control of the Department of Postsecondary Education in accordance with such reasonable rules, regulations, and procedures as may be established for such purpose by the departments.

(m) Unless otherwise specified by the president of a two-year educational institution or the governing board, a decision to terminate the employee or suspend the employee without pay shall be effective immediately, except that a tenured teacher or a nonprobationary classified employee shall continue to receive pay and benefits until a final ruling by the hearing officer or 75 calendar days, whichever occurs first from the date of the employer termination decision unless the termination is based on an act of moral turpitude, immorality, abandonment of job, incarceration, or neglect of duty. If the decision of the president of a two-year educational institution or the governing board is set aside and the employee is reinstated, the employee shall receive back pay and other relief as provided in subsection (f).

(n) The repealer provisions of Act 2011-270 notwithstanding, and except as expressly provided otherwise in this chapter, the terms and phrases used in subsection (a) to identify the reasons on which termination may be based and in subsection (f) to describe the standards by which decisions of the employer are to be reviewed by hearing officers shall be deemed to carry the meanings traditionally accorded the terms and phrases by the appellate courts of this state under prior law.

(Act 2011-270, p. 494, §§6, 14.)

§ 16-24C-7 Transfers and Reassignments

(a) Except as otherwise specified, employees may be transferred or reassigned at any time as the needs of the employer require to any position for which they are qualified by skill, training, or experience by the president of a two-year educational institution alone or upon the recommendation of the chief executive officer and the approval of the governing board.

(b) A chief executive officer may reassign a teacher to any grade, position, or work location within the same school, campus, instructional facility, or, for two-year institutions operated under the authority and control of the Department of Postsecondary Education, to any teaching position or work location that is under the control and jurisdiction of the institution, as the needs of the employer require. For a tenured teacher, except as required by acts of God or disasters that are beyond the reasonable control of the employer, written notice of the reassignment must be issued to the teacher no later than the twentieth calendar day after the first day of classes for students, and the teacher may not be involuntarily reassigned under this subsection more than one time in a school year, excluding summer term. The reassignment may only be to another position for which the teacher holds appropriate certification, and the reassignment may not entail a loss of or reduction in compensation. Such reassignments are not subject to challenge or review under this chapter. For reassignments due to acts of God or disasters later than the 20th calendar day after the first day of class for students, a tenured teacher may request a hearing before the board prior to a vote of the board on the proposed transfer.

(c) Tenured teachers may be transferred within an agency or system to any grade or position outside of the school, campus, or instructional facility to which the teacher is assigned subject to the following terms and conditions: The transfer must be to another position for which the employee holds appropriate certification and the transfer must be without loss of or reduction in compensation. Except as required by acts of God or disasters that are beyond the reasonable control of the employer, written notice of the proposed transfer must be issued to the teacher by the president of a two-year educational institution alone or the chief executive officer no later than the twentieth calendar day after the first day of classes for students, and the teacher may not be involuntarily transferred under this subsection more than one time in a school year, excluding summer term. In the notice of proposed transfer, and prior to a final decision of the president of a two-year educational institution or the governing board, the teacher must be afforded an opportunity to meet with the president of a two-year educational institution or the governing board to demonstrate why the proposed transfer should not be approved. Such transfers are not subject to challenge or review under this chapter. Nothing herein shall be construed to authorize the involuntary transfer or reassignment of a tenured teacher employed by a two-year institution operated under the authority and control of the Department of Postsecondary Education to another such institution. If the proposed transfer is to a work site outside of the high school feeder pattern in which the teacher is currently working, then the teacher may request a hearing before the board prior to a vote of the board on the proposed transfer. For transfers due to acts of God or disasters later than the 20th calendar day after the first day of class for students, a tenured teacher may request a hearing before the board prior to a vote of the board on the proposed transfer.

(d) Nonprobationary classified employees may be transferred to any position for which they are qualified within the agency or system by which they are employed including, for employees of two-year institutions operated under the authority and control of the Department of Postsecondary Education, any work location that is under the control and jurisdiction of the institution, if the transfer is without loss of or reduction in compensation, written notice of the proposed transfer is issued to the employee by the president of the two-year educational institution or the chief executive officer not less than 15 calendar days before a final decision is made by the president of the two-year educational institution alone or a vote thereon is taken by the governing board, and the transfer is effective not less than 15 calendar days after the date of the final decision. A nonprobationary classified employee of an employer, other than a two-year institution under the authority and control of the Department of Postsecondary Education, who is proposed to be transferred to a principal work site that is outside of the high school feeder pattern in which the current work site of the employee is located, shall be afforded an opportunity to appeal in the same manner as a termination. This subdivision shall not apply to employees whose daily work assignments and duties require regular or periodic travel throughout the school system or between work sites operated by or under the control of the employer. Except as required by acts of God or disasters that are beyond the reasonable control of the employer, a nonprobationary classified employee may not be involuntarily transferred more than one time in a school year, excluding summer term. Such transfers are not subject to challenge or review under this chapter. Nothing herein shall be construed to authorize the involuntary transfer or reassignment of a classified employee of a two-year institution operated under the authority and control of the Department of Postsecondary Education to another such institution.

(e) Probationary teachers and probationary classified employees may be transferred to another position that provides for a lower rate or amount of compensation or a shorter term of employment if the employee holds appropriate certification or qualifications for the position, the notice of proposed transfer contains a written explanation of the effect of the transfer on the compensation of the employee, and the notice informs the employee that he or she may object in writing to the transfer before a final decision is made by the president of the two-year educational institution alone or a vote is taken thereon by the governing board. If approved by the president of a two-year educational institution alone or by vote of the board, the transfer shall be effective not less than 15 calendar days after the date of the final decision. Such transfers are not subject to challenge or review under this chapter.

(f) A tenured teacher or nonprobationary classified employee may be involuntarily transferred to another position that provides for a lower rate or amount of pay or a shorter term of employment, subject to the following terms and conditions: The notice of proposed transfer and subsequent proceedings, except for use of the term transfer, shall conform and be subject to the substantive and procedural standards and requirements that apply to termination of nonprobationary employees under Section 16-24C-6, and to appeals therefrom. No vote or decision on such transfers shall be made for political or personal reasons. Notwithstanding the foregoing, transfers or reassignments that are made as a part of, as a consequence of, or in conjunction with reductions-in-force authorized under Section 16-1-33, or in order to comply with state or federal law are not subject to challenge or review under this chapter, whether or not such transfers or reassignments are to positions that provide for a lower rate or amount of pay or a shorter term of employment.

(Act 2011-270, p. 494, §7.)

§ 16-24C-8 Hearings

Whenever this chapter affords an employee the right to be heard by the governing board or the president of a two-year institution under the authority and control of the Department of Postsecondary Education before a decision on the recommendation of the chief executive officer or chief personnel officer of the two-year institution is made, and such right to be heard is requested by the employee as provided herein, the merits of the recommended employment action shall not be deliberated or determined by the governing board or the president of the two-year institution before the hearing except as provided for herein.

(Act 2011-270, p. 494, §8.)

§ 16-24C-9 Administrative Leave; Other Employment Actions

Nothing in this chapter shall restrict the authority of the chief executive officer or the president of a two-year institution under the authority and control of the Department of Postsecondary Education to place an employee on paid administrative leave or to make reasonable and customary employment decisions not expressly provided for in this chapter pending the disposition of proceedings authorized by this chapter or otherwise in the exercise of sound administrative discretion.

(Act 2011-270, p. 494, §9.)

§ 16-24C-10 Termination Upon Revocation of Teaching Certificate; Effect of Convictions

(a) Any provision of this chapter or of any other statute or rule to the contrary notwithstanding, the employment of a teacher whose certificate is revoked by the State Superintendent of Education pursuant to Section 16-23-5, shall thereby be summarily terminated.

(b) If a conviction resulting in the revocation of the certificate of the teacher pursuant to Section 16-23-5 is overturned on appeal, the State Superintendent of Education shall immediately reinstate the certificate upon receipt of notice of the reversal, and the employer shall either place the employee in a position for which the employee holds appropriate certification or place the employee on paid administrative leave. The employee shall receive back pay and benefits from the date of termination to the date of reinstatement.

(c) Nothing in this section shall be construed to prevent the State Superintendent of Education or the employer from pursuing other legal action against the teacher based upon the circumstances underlying the conviction.

(d) If an employee is required to attain or hold a certificate issued by the State Department of Education or other licensing authority as a condition to his or her lawful employment and such certificate or license has been revoked, denied, suspended, or forfeited, or the employee has been determined to be ineligible for such certificate or license by the licensing authority, the rights, remedies, and procedures provided by this chapter shall not apply or be available to such employees. However, nothing in this subsection shall be construed to deny such employees any right to contest, challenge, or obtain review of any certification decision on the part of the licensing authority that may be provided by separate statute or departmental regulation including, but not limited to, any recourse that is available under the Alabama Administrative Procedure Act.

(Act 2011-270, p. 494, §10.)

§ 16-24C-11 Termination of Employment by Teacher

No public K-12 teacher shall be permitted to terminate his or her employment within 30 calendar days before the first day of the next school term for students, unless the termination is mutually agreed upon. A public K-12 teacher may terminate his or her employment at any other time by giving 30 days’ written notice to the employing board of education. Any public K-12 teacher terminating his or her employment in violation of this section is guilty of unprofessional conduct, and the State Superintendent of Education may revoke or suspend the certificate of the violating teacher.

(Act 2011-270, p. 494, §11; Act 2018-83, §1.)

§ 16-24C-12 Appeals

An employee who has attained tenure or nonprobationary status and has been denied a hearing before an employer subject to the requirements of this chapter may appeal for relief directly to the Chief Administrative Law Judge of the Office of Administrative Hearings, Division of Administrative Law Judges, Office of the Attorney General. The chief administrative law judge shall appoint an administrative law judge to address the issues raised in the appeal. The appeal shall state facts sufficient to allow the judge to determine tentatively whether or not the employer has complied with this chapter in failing to accord the employee a hearing. The employer may answer or deny in writing the facts set out in the employee appeal and, if the employer fails to do so, the facts set out in the appeal shall be taken as true. The judge shall review the request of the employee and the answer or denial of the employer and shall determine, with or without a hearing, whether or not the employer has complied with this chapter in denying the employee a hearing as provided in this chapter. Based upon his or her findings, the judge shall either order a hearing before the employer or sustain the action taken by the employer. Any petition or application for judicial relief from the decision of the administrative law judge shall be filed in the circuit court of the county in which the principal administrative offices of the employer are located.

(Act 2011-270, p. 494, §12.)

§ 16-24C-13 Leaves of Absence

(a) Leave of absence for a period of one year for good cause may be granted to an employee by an employer without impairing the tenured or nonprobationary status of the employee. For valid reason, the employer may extend the leave of absence for one additional year.

(b) Leave of absence for military service shall be as provided in Section 31-2-13.

(Act 2011-270, p. 494, §13.)

§ 16-24C-14 Construction and Application

(a)(1) Employees who have attained tenured status under the Teacher Tenure Law or nonprobationary status under the Fair Dismissal Act as of July 1, 2011, in the case of tenured teachers, shall be deemed tenured teachers under this chapter and, in the case of nonprobationary employees within the meaning of the Fair Dismissal Act shall be deemed nonprobationary classified employees under this chapter.

(2) Employees who have not attained tenured status under the Teacher Tenure Law or nonprobationary status under the Fair Dismissal Act as of July 1, 2011, shall be subject to the terms and provisions of this chapter respecting the attainment of teacher tenure or nonprobationary status, and all time in service that would have been credited toward the attainment of either tenure under the Teacher Tenure Law or nonprobationary status under the Fair Dismissal Act shall be credited toward the attainment of tenure or nonprobationary status in the corresponding employment category under this chapter.

(b) All employment actions and proceedings that have been initiated under either the Teacher Tenure Law or the Fair Dismissal Act that are pending on July 1, 2011, shall be completed under the statutory procedures that were in effect on the date the action or proceeding was commenced.

(Act 2011-270, p. 494, §16.)

Chapter 25 Teachers’ Retirement System

Article 1 General Provisions

§ 16-25-1 Definitions

For the purposes of this chapter the following terms, unless a different meaning is plainly required by the context, shall have the following respective meanings:

(1) RETIREMENT SYSTEM. The Teachers’ Retirement System of Alabama as defined in Section 16-25-2.

(2) PUBLIC SCHOOL. Any day school conducted within the state under the authority and supervision of a duly elected or appointed county or city board of education and any educational institution supported by and under the control of the state or any private nondenominational school operated nonprofit for the education of children of school age residing within a district where no public school is available for the children.

(3) TEACHER. Any teacher, principal, superintendent, supervisor, college professor, administrative officer, or clerk employed in any public school or public college within the state or employed in any private nondenominational school operated nonprofit for the education of children of school age residing within a district where no public school is available for the children or any similar employee or officer of the Department of Education or of the Alabama Education Association, or any attendance worker 50 percent or more of whose salary is paid from public school funds or any employee receiving a regular stated compensation from the retirement system. In all cases of doubt, the Board of Control shall determine whether any person is a teacher as defined in this chapter.

(4) SUPPORT PERSONNEL or EMPLOYEE. Any 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 20 hours weekly.

(5) EMPLOYER. The State of Alabama, the county school board, the city school board, the State Board of Education, or any governing body of any private nondenominational school operated nonprofit for education of children of school age residing within a district where no public school is available for the children or any other agency of and within the state by which a teacher is paid.

(6) MEMBER. Any teacher included in the membership of the system as provided in Section 16-25-3.

(7) BOARD OF CONTROL. The board provided for in Section 16-25-19 to administer the retirement system.

(8) MEDICAL BOARD. The board of physicians provided for in Section 16-25-19.

(9) TRUSTEES. The members of the Board of Control to administer the trust funds.

(10) SERVICE. Service as a teacher.

(11) PRIOR SERVICE. Service rendered prior to the date of establishment of the retirement system for which credit is allowable under Section 16-25-11.

(12) MEMBERSHIP SERVICE. Service as a teacher rendered while a member of the retirement system and on account of which contributions are made.

(13) CREDITABLE SERVICE. “Prior service” plus “membership service” rendered since last becoming a member.

(14) BENEFICIARY. Any person in receipt of a pension, an annuity, a retirement allowance, or other benefit as provided by this chapter.

(15) REGULAR INTEREST. Interest compounded annually at the rate determined by the Board of Control in accordance with subsection (b) of Section 16-25-20.

(16) ACCUMULATED CONTRIBUTIONS. The sum of all the amounts deducted from the compensation of a member and credited to his or her individual account in the annuity savings fund together with regular interest thereon as provided in Section 16-25-21.

(17) EARNABLE COMPENSATION. The full rate of the compensation that would be payable to a teacher if he or she worked the full normal working time. In cases where compensation includes maintenance, the Board of Control shall fix the value of that part of the compensation not paid in money. Earnable compensation shall not exceed the limitations imposed by Section 401(a)(17) of the Internal Revenue Code for public pension funds except that any employee who was a member of the Teachers’ Retirement System before the first plan year beginning after December 31, 1995, shall not be subject to the earning limitations set forth in Section 401(a)(17). For Tier I plan members, the term earnable compensation for retirement purposes shall include overtime payments that are made to a member; however, earnable compensation shall not exceed 120 percent of any member’s annual base compensation as certified by the employer. For Tier II plan members, earnable compensation shall include overtime payments that are made to the member but shall not include subsistence payments that are made to the member and shall not exceed one hundred twenty-five percent (125%) of the member’s annual base compensation, as certified by the employer.

(18) AVERAGE FINAL COMPENSATION. For any Tier I Plan member, the average annual compensation of a teacher, with respect to which he or she has made contributions pursuant to paragraph b. of subdivision (1) of Section 16-25-21 during the three years in his or her last 10 years of creditable service for which the average is highest or during his or her entire period of creditable service if less than three years; except, that for any period prior to October 1, 1959, the compensation used in computing the average shall include compensation in excess of the maximum amount with respect to which members were required to contribute. For any Tier II Plan member, the average annual compensation of the member, with respect to which he or she has made contributions pursuant to paragraph b. of subdivision (1) of Section 16-25-21 during the five years in his or her last ten years of creditable service for which the average is highest or during his or her entire period of creditable service if less than five years.

(19) ANNUITY. Payments for life derived from the “accumulated contributions” of a member. All annuities shall be payable in equal monthly installments.

(20) PENSION. Payments for life derived from money provided by the employer. All pensions shall be payable in equal monthly installments.

(21) RETIREMENT ALLOWANCE. The sum of the “annuity” and the “pension.”

(22) RETIREMENT. Withdrawal from active service with a retirement allowance or optional benefit in lieu thereof granted under this chapter.

(23) ANNUITY RESERVE. The present value of all payments to be made on account of any annuity or benefit in lieu of any annuity, computed upon the basis of the mortality tables as shall be adopted by the Board of Control, and regular interest.

(24) PENSION RESERVE. The present value of all payments to be made on account of any pension or benefit in lieu of any pension, computed upon the basis of the mortality tables as shall be adopted by the Board of Control, and regular interest.

(25) ACTUARIAL EQUIVALENT. A benefit of equal value, when computed upon the basis of the mortality tables as shall be adopted by the Board of Control, and regular interest.

(26) NORMAL CONTRIBUTION. The contributions of the state necessary to provide a pension equal to the annuity which the member’s contribution made prior to age 65 with interest will provide at age of retirement not to exceed 65.

(27) TIER I PLAN. The defined benefit pension plan provided by the Retirement System to Tier I plan members.

(28) TIER II PLAN. The defined benefit pension plan provided by the Retirement System to Tier II plan members.

(29) TIER I PLAN MEMBER. Any member of the Retirement System who had service for which he or she received credit in the Teachers’ Retirement System or in the Employees’ Retirement System prior to January 1, 2013.

(30) TIER II PLAN MEMBER. Any member of the Retirement System who first began eligible employment with a Teachers’ Retirement System or an Employees’ Retirement System participating employer on or after January 1, 2013, and who had no eligible service in the Teachers’ Retirement System or the Employees’ Retirement System prior to January 1, 2013.

(Acts 1939, No. 419, p. 559, §1; Code 1940, T. 52, §362; Acts 1943, No. 61, p. 35, §1; Acts 1953, No. 41, p. 44, §1; Acts 1957, No. 532, p. 747, §1; Acts 1963, 1st Ex. Sess., No. 43, p. 126, §1; Acts 1975, 4th Ex. Sess., No. 66, p. 292, §1; Acts 1985, No. 85-519, p. 613, §1; Acts 1995, No. 95-203, p. 313, §2; Act 2012-302, p. 658, §1; Act 2012-377, p. 944, §1.)

§ 16-25-2 Name and Date of Establishment; Powers, Duties, Etc., of Boards of Control; Immunity of Officers, Employees, Etc

(a) There shall be a retirement system which shall constitute a body corporate and shall be under the management of the Board of Control for the purpose of providing retirement allowances and other benefits under the provisions of this chapter for teachers of the State of Alabama. The retirement system shall be established as of October 1, 1940, or as soon thereafter as the Governor by proclamation declares the funds accruing to the Teachers’ Retirement System of Alabama are sufficient to meet the obligations of the “normal contribution” on October 1, of a year following 1940. It shall have the power and privileges of a corporation and shall be known as the “Teachers’ Retirement System of Alabama,” and by such name all of its business shall be transacted, all of its funds invested and all of its cash and securities and other property held in trust for the purpose for which received.

(b) Any provisions of law to the contrary notwithstanding, the Boards of Control of the Teachers’ Retirement System of Alabama and the Employees’ Retirement System of Alabama shall have vested in them all powers necessary to fulfill their fiduciary duty as trustees to members of each respective system including the power to sue and be sued, complain and defend in their own names; provided, however, that as instrumentalities of the state funded by the state, the retirement systems, their officers, and employees shall be immune from suit to the same extent as the state, its agencies, officers, and employees.

(Acts 1939, No. 419, p. 559, § 2; Code 1940, T. 52, §363; Code 1975, §36-27B-6; Acts 1983, No. 83-616, p. 953, §§6, 7; Acts 1984, No. 84-259, p. 431, §1.)

§ 16-25-3 Membership; Membership Credit for Service in Armed Forces of United States; Deferred Benefits

(a) The membership of the retirement system shall consist of the following: All persons who shall become teachers after the date of establishment shall become members of the retirement system as a condition of their employment. Any person who is a teacher on the date of establishment shall become a member as of that date unless within a period of 90 days next following such teacher shall file with the Board of Control on a form prescribed by the board a notice of his election not to be covered in the membership of the system and a duly executed waiver of all present and prospective benefits which would otherwise inure to him on account of his participation in the retirement system.

(b) A teacher in service on October 1, 1973, whose membership in the retirement system was contingent on his own election and who elected not to become a member may thereafter apply for and be admitted to membership with all prior service credit and with all membership service credit as otherwise provided for in this chapter by applying for such membership within 150 days from September 17, 1973; provided, that said teacher pays to the treasurer of the said retirement system on or before October 1, 1974, a sum equal to the total contributions which he would have made as a member during the period of his employment as a teacher from September 1, 1941, to the date of his application for membership, plus compound interest of eight percent on such contributions. Any member or any retired member who at one time taught as a nonmember may now receive credit for prior service and for the years taught as a nonmember; provided, that member or retired member, within 150 days from September 17, 1973, pays to the treasurer of the said retirement system a sum equal to the total contributions which he would have made as a member during the period of his employment as a teacher from September 1, 1941, to the date he or she became a member, plus compound interest of eight percent on such contributions. As soon as practicable after the expiration of the time for making such elections, the Department of Education, at the request of the Governor, shall furnish him or her a report of the number of teachers in service who applied for membership or credit for prior service. The Board of Control of the Teachers’ Retirement System shall determine and report to the Governor the employer cost for such coverage.

(c) The Board of Control may, in its discretion, deny the right to become members to any class of teachers whose compensation is only partly paid by the state or who are serving on a temporary or other than per annum basis, and it also may, in its discretion, make optional with members in any such class their individual entrance into the retirement system. Should any member in any period of six consecutive years after becoming a member be absent from service more than five years or withdraw his or her contributions, as provided in subsection (g) of Section 16-25-14, or retire or die, he or she shall thereupon cease to be a member.

(d) Notwithstanding, a teacher in service on October 1, 1975, who has full-time military service in the armed forces of the United States, exclusive of service in a reserve or national guard component of any branch of the armed forces, and who has not received credit toward retirement status in the Teachers’ Retirement System of Alabama for said military service, may be granted by the Board of Control membership service credit for the period of such service in the armed forces; provided, that such member pays into the Teachers’ Retirement System, in a lump sum prior to October 1, 1976, an amount equal to four percent of the average compensation paid to a teacher during each claimed year of full-time military service, plus and together therewith, eight percent interest compounded from the last date of such claimed military service; provided further, that such a member shall not receive membership service credit for more than four years of military service and shall receive no credit for military service if such member is receiving military service retirement benefits, other than disability allowances or benefits, from any branch of the United States armed forces or by reason of any such service in any branch of the armed forces or if such member received anything other than an honorable discharge for and including the claimed military service.

(e) Anything in this chapter to the contrary notwithstanding, if any person becoming a member of the Teachers’ Retirement System after October 1, 1975 shall have served in the armed forces of the United States, exclusive of service in a reserve or national guard component of any branch of the armed forces, such member may be granted by the Board of Control membership service credit for such period of service in the armed forces; provided, that such member pays into the Teachers’ Retirement System, in a lump sum within one year next after the first day of the pay period in which the first deduction to the Teachers’ Retirement System is made, after having been honorably discharged from the armed forces, an amount equal to four percent of the average compensation paid to a teacher during each claimed year of full-time military service, plus and together therewith, eight percent interest compounded from the last date of such claimed military service; provided further, that no member shall receive more than four years’ membership service credit for military service, and no credit for military service shall be granted if such member is receiving military service retirement benefits, other than disability allowances or benefits, from any branch of the United States armed forces or by reason of any service in any branch of the armed forces or if such member received anything other than an honorable discharge for and including the claimed military service.

(f) Anything in this title to the contrary notwithstanding, any member who, at the time of his or her withdrawal from service, has completed the age and service requirements established by the Board of Control for eligibility for deferred benefits shall be eligible to continue in the membership of the system until he or she files application for service retirement in accordance with the provisions of Section 16-25-14. The Board of Control shall, from time to time, establish the minimum age and the minimum number of years of creditable service which shall be required in order that a member may be eligible for deferred benefits; provided, that such minimum number of years of creditable service shall not be less than 10 years nor more than 25 years.

(Acts 1939, No. 419, p. 559, §3; Code 1940, T. 52, §364; Acts 1943, No. 61, p. 35, §2; Acts 1947, No. 637, p. 486, §1; Acts 1951, No. 552, p. 967, §1; Acts 1953, No. 41, p. 44, §2; Acts 1955, No. 489, p. 1101, §1; Acts 1959, 2nd Ex. Sess., No. 117, p. 358, §1; Acts 1961, No. 709, p. 1000, §1; Acts 1963, 1st Ex. Sess., No. 43, p. 126, §2; Acts 1973, No. 1126, p. 1895, §1; Acts 1975, No. 1109, p. 2198, §1; Acts 1989, No. 89-695, p. 1370, §1; Act 2012-377, p. 944, §1.)

§ 16-25-3.1 Purchase of Credit for Service by Members Age 61 or Older at Time of Employment

Any member of the Teachers’ Retirement System of Alabama who was prohibited from participating in the Teachers’ Retirement System because such member was age 61 or older at the time of his employment may purchase credit for any such service including service subsequent to July 1, 1988, for which the member would have been eligible for coverage except for his age, provided that such member shall pay to the Secretary-Treasurer of the Teachers’ Retirement System within one year after October 1, 1989, a sum equal to the total contributions which he would have made as a member during the period of such employment plus eight percent interest on such total contributions compounded annually from the date of such service.

(Acts 1989, No. 89-695, p. 1370, §3.)

§ 16-25-4 Transfer of Membership from the Employees’ Retirement System of Alabama Generally

(a) Any member of the Teachers’ Retirement System who, not more than one year prior to becoming a member of the Teachers’ Retirement System, was a member of the Employees’ Retirement System of Alabama may elect to transfer to the Teachers’ Retirement System his service credits in said Employees’ Retirement System, as herein provided.

(b) Any such member so desiring to transfer such service credits shall notify the Board of Control of the Teachers’ Retirement System after he becomes a member of the Teachers’ Retirement System of his election to transfer such service credits and shall authorize transfer of the amount of his accumulated contributions to his credit in said Employees’ Retirement System to the annuity savings fund of the Teachers’ Retirement System.

(c) The Board of Control of the Employees’ Retirement System shall thereupon certify to the Board of Control of the Teachers’ Retirement System the period of membership service creditable to the member at the time of separation from the Employees’ Retirement System, the period of prior service, if any, on his prior service certificate at the time of separation from the Employees’ Retirement System and the value of the prior service contribution allowable for such prior service under the Employees’ Retirement System. The member shall be credited in the Teachers’ Retirement System with the service credits so certified; and, if he continues as a member until retirement, he shall receive in addition to the benefits allowable under the Teachers’ Retirement System benefits based on the service and contributions so certified.

(d) If a member retires under the Teachers’ Retirement System within five years after having elected to transfer such service credits from said Employees’ Retirement System, the pension benefits payable with respect to such service credits shall not be greater than the pension benefits which would have been payable with respect thereto had he remained in said Employees’ Retirement System.

(e) Notwithstanding anything herein to the contrary, a member of the Teachers’ Retirement System on October 9, 1947, who was a member of the Employees’ Retirement System of Alabama not more than one year prior to becoming a member of the Teachers’ Retirement System may effect such a transfer of service credits from said Employees’ Retirement System in the manner hereinabove described; provided, that he deposits in the Annuity Savings Fund of the Teachers’ Retirement System prior to January 1, 1954, the amount of his accumulated contributions paid to him by said Employees’ Retirement System.

(f) Should any person who has retired from the Employees’ Retirement System and who is receiving retirement benefits for service as a state employee become a member of the Teachers’ Retirement System, his benefits shall cease and the reserves remaining for his pension and annuity and all his service credits shall be transferred to the Teachers’ Retirement System. The member shall be credited in the Teachers’ Retirement System with the transfers so certified, and if he continues as a member until retirement his retirement benefits shall be based on his service in both systems.

(Acts 1947, No. 619, p. 469, § 1; Acts 1953, No. 39, p. 41, § 1.)

§ 16-25-5 Transfer of Membership in Employees’ Retirement System of Alabama, Etc., of Janitors, Maids, Cafeteria Workers and Other Full-Time Employees in Public Education

(a) The phrase “public education,” as used in this section, shall be construed as meaning and referring to any institution of learning supported wholly by public funds, regardless of whether such institution is under the control and supervision of the State Department of Education.

(b) All janitors, maids, cafeteria workers and any other full-time employees in public education, regardless of in what manner or on what basis paid, covered in the Employees’ Retirement System of Alabama under the provisions of Section 36-27-6 on October 1, 1975 shall be enrolled and transferred to the Teachers’ Retirement System of Alabama by their employer with all credit as has been established in the Employees’ Retirement System of Alabama.

(c) All janitors, maids, cafeteria workers and any other full-time employees in public education who are not members of the Employees’ Retirement System of Alabama under the provisions of Section 36-27-6 shall become members of the Teachers’ Retirement System of Alabama, regardless of in what manner or on what basis paid, and shall be so enrolled by their employer; provided, that such persons may elect, within six months after October 1, 1975, to decline to become members of the Teachers’ Retirement System by filing a written notice with the Secretary-Treasurer of such system within said six-month period.

(d) Any person employed after October 1, 1975, as a janitor, maid, cafeteria worker or any other full-time employee in public education shall be deemed a teacher within the meaning of such word in the teachers’ retirement law and shall be enrolled in the Teachers’ Retirement System as a condition of employment, regardless of in what manner or on what basis paid.

(e) The accumulated contributions of each employee described in subsection (b) of this section shall be transferred to the Teachers’ Retirement System of Alabama and credited to the employee’s individual account in the Annuity Savings Fund under that system. As soon as practicable after the transfer of such employees, an actuarial valuation of the assets and liabilities under the Employees’ Retirement System on account of each employer of such employees shall be made. On the basis of said valuation, the actuary shall allocate the present assets of the Employees’ Retirement System attributable to each such employer, exclusive of the member’s accumulated contributions, as follows:

(1) An amount shall be allocated equal to the reserve required for retired employees and beneficiaries of deceased employees of the employer.

(2) Any remaining assets shall be allocated actuarially between the employees who shall have transferred to the Teachers’ Retirement System and the employees, if any, who remain as members under the Employees’ Retirement System.

The amount of assets allocated under subdivision (2) of this subsection to the members who shall have transferred to the Teachers’ Retirement System shall be transferred to that system and credited to the Pension Accumulation Fund of that system. If the employer continues to participate in the Employees’ Retirement System under Section 36-27-6, the actuary shall redetermine the accrued liability contribution rate payable by the employer on the basis of the remaining membership. If the employer does not continue to participate in the Employees’ Retirement System and the assets available for the allocation under subdivision (1) of this subsection are insufficient to cover the reserve for retired employees and beneficiaries of deceased employees of the employer, the employer shall pay to the Employees’ Retirement System the amount of the deficiency in a lump sum or, with the approval of the Board of Control, in installments over such period as the Board of Control may specify.

(f) Any liabilities created by the transfers in subsection (e) of this section shall be a continuing liability of the Teachers’ Retirement System of Alabama and shall be included in the regular valuation of the Teachers’ Retirement System; liabilities and appropriations shall be made as determined in the teachers’ retirement law governing such valuation and appropriation.

(g) Any janitor, maid, cafeteria worker or any other full-time employee in public education who is employed in such capacity on or before October 1, 1975, and whose eligibility for membership in the Teachers’ Retirement System is subject to the provisions of this section, shall be entitled to receive credit for all eligible service creditable under the laws relating to the Teachers’ Retirement System, including prior service rendered by such member prior to October 1, 1975; provided, that such member shall pay to the Secretary-Treasurer of the Teachers’ Retirement System, within six months after October 1, 1975, a sum equal to the total contributions which he would have made as a member during the period of such employment from September 1, 1941 to October 1, 1975, plus eight percent interest on such total contributions compounded annually from the date of such service.

(h) Notwithstanding any other provisions of this section, any employee who is transferred to the Teachers’ Retirement System of Alabama as provided in subsection (b) of this section shall be entitled to retire under said system to age 60 under the same conditions as provided by Section 36-27-18 with respect to members of the Employees’ Retirement System of Alabama. Any employee who is transferred to the Teachers’ Retirement System of Alabama as provided in subsection (b) of this section and who became a member of the Employees’ Retirement System prior to October 1, 1965, shall be entitled to a minimum annual retirement allowance upon retirement under the Teachers’ Retirement System of Alabama of $72.00 multiplied by the number of years of creditable service not in excess of 25 years in the event of service retirement or $54.00 multiplied by the number of years of his creditable service not in excess of 25 years in the event of disability retirement.

(i) It being the intent and purpose of subsections (b), (e) and (f) of this section to transfer the accruing liabilities as well as past service liabilities to the Education Trust Fund for those employees eligible for transfer and enrollment under this section in the Teachers’ Retirement System of Alabama, no refunds to employing units shall be made in making such transfer.

(Acts 1975, No. 1108, p. 2195, §§1-9.)

§ 16-25-6 Employees of Agricultural Experiment Station of Auburn University

(a) All persons now employed in an administrative or research capacity by the Agricultural Experiment Station of Auburn University may become members of the Teachers’ Retirement System of Alabama; provided, that such person elects to accept the benefits of this chapter within six months after October 1, 1951. Such persons may signify their desire to become members of the Teachers’ Retirement System by filing written notice with the Secretary-Treasurer of the Teachers’ Retirement System within said six months’ period. Any person hereafter employed in such capacity shall be deemed to be a teacher within the meaning of this chapter and shall be entitled to the benefits thereof.

(b) Any person employed in the capacity as set out in subsection (a) of this section shall be entitled to receive credit for all service as a teacher rendered by him prior to the date of establishment of the retirement system; provided further, that said person may elect to pay to the treasurer of the said retirement system within six months from October 1, 1951, a sum equal to the total contributions which he would have made as a member during the period of his employment by the Agricultural Experiment Station from September 1, 1941, to October 1, 1951.

(Acts 1951, No. 857, p. 1492, §§ 1, 2.)

§ 16-25-7 Certain Persons Employed by Alabama High School Athletic Association

(a) All persons now employed on a full-time basis in an administrative or clerical capacity by the Alabama High School Athletic Association may become members of the Teachers’ Retirement System of Alabama within 90 days after October 1, 1967, subject to such rules and regulations as may be promulgated by the Board of Control of the Teachers’ Retirement System of Alabama. Any person hereafter employed in an administrative or clerical capacity by the Alabama High School Athletic Association shall be deemed to be a “teacher” as defined in Section 16-25-1 and shall be entitled to the benefits thereof. Notwithstanding the provisions of this section and other sections of the Teachers’ Retirement System law, it is provided that the Alabama High School Athletic Association shall pay to the retirement system the employer cost for coverage of its employees, such cost to be determined by an actuary employed by the Board of Control and under rules and regulations established by said board.

(b) Any person now employed as set out in subsection (a) of this section shall be entitled to receive credit for all service as a “teacher” or as an employee of the Alabama High School Athletic Association rendered by him prior to October 1, 1967; provided, that a sum equal to the total contributions which he would have made as a member during the period of such employment plus regular interest at four percent is paid within 90 days after October 1, 1967.

(Acts 1967, Ex. Sess., No. 215, p. 257, §§ 1, 2.)

§ 16-25-8 School Lunchroom Managers and Assistants

(a) All school lunchroom managers and all assistants to such managers who are employed by any county or city board of education in the operation or management of a lunchroom in any public school in Alabama, regardless of the source from which and the manner in which their salaries are paid, may become members of the Teachers’ Retirement System of Alabama; provided, that such persons elect within six months after October 1, 1969, to accept the benefits of this chapter. Such persons may signify their desire to become members of the Teachers’ Retirement System by filing written notice with the Secretary-Treasurer of such system within said six months’ period. Any person hereafter employed by a county or city board of education as a manager of or as an assistant to a manager of a lunchroom in a public school shall be deemed to be a teacher within the meaning of such word in the Teachers’ Retirement System law and shall be entitled to the benefits thereof.

(b) Any person employed in the capacity as set out in subsection (a) of this section shall be entitled to receive credit for all service in such capacity rendered by him prior to October 1, 1969; provided, that such person pays to the treasurer of the Teachers’ Retirement System, within six months from October 1, 1969, a sum equal to the total contributions which he would have made as a member during the period of such employment by a county or city board of education from September 1, 1941 to October 1, 1969.

(c) Appropriations out of the Education Trust Fund for the purpose of carrying out this section shall be included in the regular appropriations to the Teachers’ Retirement System of Alabama.

(d) The several county and city boards of education employing lunchroom managers and assistant lunchroom managers in the public schools under their separate jurisdictions are hereby authorized and directed to provide for the deductions from the salaries of such persons or for the collection in some other manner of each of such employees’ contributions to the Teachers’ Retirement System and shall remit such collections to the Teachers’ Retirement System as prescribed by law or regulations of the Board of Control of the Teachers’ Retirement System.

(Acts 1969, No. 1134, p. 2099, §§ 1-4.)

§ 16-25-9 Certain School Bus Drivers, Mechanics and Maintenance Workers - Generally

(a) All fully budgeted school bus drivers (excluding students), mechanics and maintenance workers not now covered by the Teachers’ Retirement System of Alabama or Employees’ Retirement System of Alabama, who are employed by any county or city board of education or the governing board of any public school in Alabama regardless of the source from which and the manner in which their salaries are paid, may become members of the Teachers’ Retirement System of Alabama; provided, that such persons elect within six months after October 2, 1971, to accept the benefits of this chapter. Such persons may signify their desire to become members of the Teachers’ Retirement System by enrolling through their employer and the Secretary-Treasurer of the Teachers’ Retirement System within said six months’ period. Any person hereafter employed in these positions shall be deemed to be a “teacher” within the meaning of such word in the Teachers’ Retirement System law and shall be entitled to the benefits thereof; except, that those employees who become members under this section shall not be entitled to $72.00 multiplied by the number of years of creditable service for service retirement nor $54.00 multiplied by the number of years for disability retirement.

(b) Any person presently employed in the capacity as set out in subsection (a) of this section shall be entitled to receive credit for all service in such capacity rendered by him prior to October 2, 1971; provided, that such person pays to the Secretary-Treasurer of the Teachers’ Retirement System within six months from October 2, 1971, a sum equal to the total contributions which he would have made as a member during the period of such employment from September 1, 1941 to October 2, 1971.

(c) The several county and city boards of education and other governing bodies of any public schools employing school bus drivers, mechanics, and maintenance workers in the public schools under their separate jurisdiction are hereby authorized and directed to provide for the deductions from the salaries of such persons or for the collection in some other manner of each of such employee contributions to the Teachers’ Retirement System as prescribed by law or regulations of the Board of Control of the Teachers’ Retirement System of Alabama.

(Acts 1971, No. 2307, p. 3728, §§1-3; Acts 1971, 3rd Ex. Sess., No. 73, p. 4282, §1; Acts 1995, No. 95-538, p. 1100, §1.)

§ 16-25-10 Certain School Bus Drivers, Mechanics and Maintenance Workers - Persons Previously Under Employees’ Retirement System of Alabama

(a) All employees of city and county boards of education and special schools under the direct control of the State Board of Education now covered in the Employees’ Retirement System of Alabama under the provisions of Section 36-27-6 who would have been eligible for coverage in the Teachers’ Retirement System of Alabama under the provisions of Section 16-25-9 except for being covered in the Employees’ Retirement System of Alabama, may be enrolled and transferred to the Teachers’ Retirement System of Alabama by their employer with all credits as have been established in the Employees’ Retirement System of Alabama.

(b) Upon enrollment and transfer to the Teachers’ Retirement System of Alabama, such employee shall be deemed to be a “teacher” under the teachers’ retirement law and shall make contributions as all other teachers and shall receive benefits as all other teachers who enroll under the provisions of Section 16-25-9.

(c) The accumulated contributions of each such employee under the Employees’ Retirement System of Alabama shall be transferred to the Teachers’ Retirement System of Alabama and credited to the employee’s individual account in the Annuity Savings Fund under that system. As soon as practicable after the transfer of such employees, an actuarial valuation of the assets and liabilities under the Employees’ Retirement System on account of each employer of such employees shall be made. On the basis of said valuation, the actuary shall allocate the present assets of the Employees’ Retirement System attributable to each such employer, exclusive of the member’s accumulated contributions, as follows:

(1) An amount shall be allocated equal to the reserve required for retired employees and beneficiaries of deceased employees of the employer.

(2) Any remaining assets shall be allocated actuarially between the employees who shall have transferred to the Teachers’ Retirement System and the employees, if any, who remain as members under the Employees’ Retirement System.

The amount of assets allocated in subdivision (2) of this subsection to the members who shall have transferred to the Teachers’ Retirement System shall be transferred to that system and credited to the pension accumulation fund of that system. If the employer will continue to participate in the Employees’ Retirement System under Section 36-27-6 the actuary shall redetermine the accrued liability contribution rate payable by the employer on the basis of the remaining membership. If the employer will not continue to participate in the Employees’ Retirement System and the assets available for the allocation in subdivision (1) of this subsection are insufficient to cover the reserve for retired employees and beneficiaries of deceased employees of the employer, the employer shall pay to the Employees’ Retirement System the amount of the deficiency in a lump sum or, with the approval of the Board of Control, in installments over such period as the Board of Control may specify.

(d) Any liabilities created by these transfers shall be a continuing liability of the Teachers’ Retirement System of Alabama and shall be included in the regular valuation of the Teachers’ Retirement System liabilities, and appropriations shall be made as determined in the teachers’ retirement law governing such valuation and appropriation.

(e) Notwithstanding any other provision of this section, any employee who is transferred to the Teachers’ Retirement System of Alabama as provided in subsection (a) of this section shall be entitled to retire under said system prior to age 60 under the same conditions as provided by Section 36-27-18 with respect to members of the Employees’ Retirement System of Alabama and subject to the percentage reductions in the retirement allowance as provided by said section. Any employee who is transferred to the Teachers’ Retirement System of Alabama as provided in subsection (a) of this section and who became a member of the Employees’ Retirement System prior to October 1, 1965, shall be entitled to a minimum annual retirement allowance upon retirement under the Teachers’ Retirement System of Alabama of $72.00 multiplied by the number of years of his creditable service not in excess of 25 years, in the event of service retirement, or $54.00 multiplied by the number of years of his creditable service not in excess of 25 years, in the event of disability retirement.

(f) It being the intent and purpose of the section to transfer the accruing liabilities, as well as past-service liabilities to the Education Trust Fund for those employees eligible for transfer and enrollment under this section in the Teachers’ Retirement System of Alabama, no refunds to an employing unit shall be made in making such transfer.

(Acts 1973, No. 1078, p. 1833, §§ 1-6.)

§ 16-25-10.1 Executive Officers and Employees of Alabama Association of School Boards

(a) The governing body of the Alabama Association of School Boards may, by resolution legally adopted to conform to the rules prescribed by the Board of Control of the Teachers’ Retirement System, elect to have its executive officers and employees, from whatever source and in whatever manner paid, become eligible to participate in the Teachers’ Retirement System of Alabama, subject to all rules, regulations and conditions thereof.

(b) The governing body of the Alabama Association of School Boards having made an election through a resolution as provided in subsection (a) of this section, its employees and executive officers may participate in and be entitled to all benefits of the Teachers’ Retirement System of Alabama; provided, that where member contributions are made from salaries paid by the Alabama Association of School Boards, the Alabama Association of School Boards shall pay the employer costs calculated as a percentage of the salaries of those employees to be contributed as employer in accordance with subdivisions (3) and (5) of Section 16-25-21. Such amounts shall be paid monthly and at the same time as the member contributions are made to the Teachers’ Retirement System.

(c) The governing body of the Alabama Association of School Boards may provide in its resolution to the Teachers’ Retirement System’s Board of Control that all service rendered by an eligible employee or executive officer to said association previous to the effective date of said association’s election to come under the Teachers’ Retirement System shall be creditable service to such employee or executive officer; provided, that any such provision shall apply only to those employees and officers who were in the active service of the association on the effective date of said association’s election to be covered under the Teachers’ Retirement System; provided further, that the said resolution shall also state that the Alabama Association of School Boards shall assume and pay, as required, all costs necessary to fund the crediting of such previous service, such costs to be determined by the actuary employed by the Teachers’ Retirement System’s Board of Control.

(Acts 1976, No. 608, p. 824, §§ 1-3.)

§ 16-25-10.2 Executive Officers and Employees of Alabama Council for School Administration and Supervision

(a) The governing body of the Alabama Council for School Administration and Supervision may, by resolution legally adopted to conform to the rules prescribed by the Board of Control of the Teachers’ Retirement System, elect to have its executive officers and employees, from whatever source and in whatever manner paid, become eligible to participate in the Teachers’ Retirement System of Alabama, subject to all rules, regulations and conditions thereof.

(b) The governing body of the Alabama Council for School Administration and Supervision having made an election through a resolution as provided in subsection (a) of this section, its employees and executive officers may participate in and be entitled to all benefits of the Teachers’ Retirement System of Alabama; provided, that where contributions are made from salaries paid by the Alabama Council for School Administration and Supervision, the Council for School Administration and Supervision shall pay the employer costs, calculated as a percentage of the salaries of those employees, to be contributed as employer in accordance with Section 16-25-21. Such amounts shall be paid monthly and at the same time as the members’ contributions are made to the Teachers’ Retirement System.

(c) The governing body of the Alabama Council for School Administration and Supervision may provide in its resolution to the Teachers’ Retirement System’s Board of Control that all service rendered, by an eligible employee or executive officer, to said council, previous to the effective date of said council’s election to come under the Teachers’ Retirement System, shall be creditable service to such employee or executive officer; provided, that any such provision shall apply only to those employees and officers who were in the active service of the council on the effective date of said council’s election to be covered under the Teachers’ Retirement System; and provided further, that the said resolution also states that the Alabama Council for School Administration and Supervision shall assume and pay, as required, all costs necessary to fund the crediting of such previous service, such costs to be determined by the actuary employed by the Teachers’ Retirement System’s Board of Control.

All benefits that accrue and are payable to any beneficiary hereunder shall be limited to and shall not exceed the amount paid in by the beneficiary and the employer plus his portion of the interest earned and the enhancement of his moneys by investing them, less the cost of administration, at no cost to the State of Alabama.

(Acts 1980, No. 80-226, p. 307, §§ 1-3.)

§ 16-25-10.3 Executive Officers and Employees of Alabama Vocational Association

(a) The governing body of the Alabama Vocational Association may, by resolution legally adopted to conform to the rules prescribed by the Board of Control of the Teachers’ Retirement System, elect to have its executive officers and employees, from whatever source and in whatever manner paid, become eligible to participate in the Teachers’ Retirement System of Alabama, subject to all rules, regulations and conditions thereof.

(b) The governing body of the Alabama Vocational Association having made an election through a resolution as provided in subsection (a) of this section, its employees and executive officers may participate in and be entitled to all benefits of the Teachers’ Retirement System of Alabama, provided that where contributions are made from salaries paid by the Alabama Vocational Association, the Alabama Vocational Association shall pay the employer costs, calculated as a percentage of the salaries of those employees, to be contributed as employer in accordance with Section 16-25-21. Such amounts shall be paid monthly and at the same time as the members’ contributions are made to the Teachers’ Retirement System.

(c) The governing body of the Alabama Vocational Association may provide in its resolution to the Teachers’ Retirement System’s Board of Control that all service rendered, by an eligible employee or executive officer, to said association, previous to the effective date of said association’s election to come under the Teachers’ Retirement System, shall be creditable service to such employee or executive officer; provided that any such provision shall apply only to those employees and officers who were in the active service of the association on the effective date of said association’s election to be covered under the Teachers’ Retirement System; and provided further that the said resolution also states that the Alabama Vocational Association shall assume and pay, as required, all costs necessary to fund the crediting of such previous service, such costs to be determined by the actuary employed by the Teachers’ Retirement System’s Board of Control.

(Acts 1982, No. 82-623, p. 1178, §§1-3.)

§ 16-25-10.4 Executive Officers and Employees of Alabama Congress of Parents and Teachers; Contributions; Creditable Service

(a) The governing board of the Alabama Congress of Parents and Teachers may, by resolution legally adopted to conform to the rules prescribed by the Board of Control of the Teachers’ Retirement System, elect to have its executive officers and employees, from whatever source and in whatever manner paid, become eligible to participate in the Teachers’ Retirement System of Alabama, subject to all rules, regulations and conditions thereof.

(b) The governing body of the Alabama Congress of Parents and Teachers, having made an election through a resolution as provided in subsection (a), its employees and executive officers may participate in and be entitled to all benefits of the Teachers’ Retirement System of Alabama, provided that where contributions are made from salaries paid by the Alabama Congress of Parents and Teachers, the association shall pay the employer costs calculated as a percentage of the salaries of those employees, to be contributed as employer costs in accordance with subdivisions (3) and (5) of Section 16-25-21. Such amounts shall be paid monthly and at the same time as the members’ contributions are made to the Teachers’ Retirement System.

(c) The governing body of the Alabama Congress of Parents and Teachers may provide in its resolution to the Teachers’ Retirement System’s Board of Control that all service rendered, by an eligible employee or executive officer, to said association, previous to the effective date of said association’s election to come under the Teachers’ Retirement System, shall be creditable service to such employee or executive officer; provided that any such provision shall apply only to those employees and officers who were in the active service of the association on the effective date of said association’s election to be covered under the Teachers’ Retirement System; and provided further that the said resolution also states that the Alabama Congress of Parents and Teachers, shall assume and pay, as required, all costs necessary to fund the crediting of such previous service, such costs to be determined by the actuary employed by the Teachers’ Retirement System’s Board of Control.

(Acts 1985, 2nd Ex. Sess., No. 85-913, p. 193, §§ 1-3.)

§ 16-25-10.5 Executive Officers and Employees of Alabama Opportunities Industrialization Center; Contributions; Creditable Service

(a) The governing board of the Alabama Opportunities Industrialization Center may, by resolution legally adopted to conform to the rules prescribed by the Board of Control of the Teachers’ Retirement System, elect to have its executive officers and employees, from whatever source and in whatever manner paid, become eligible to participate in the Teachers’ Retirement System of Alabama, subject to all rules, regulations and conditions thereof.

(b) The governing body of the Alabama Opportunities Industrialization Center, having made an election through a resolution as provided in subsection (a), its employees and executive officers may participate in and be entitled to all benefits of the Teachers’ Retirement System of Alabama, provided that where contributions are made from salaries paid by the Alabama Opportunities Industrialization Center, the center shall pay the employer costs calculated as a percentage of the salaries of those employees, to be contributed as employer costs in accordance with subdivisions (3) and (5) of Section 16-25-21. Such amounts shall be paid monthly and at the same time as the members’ contributions are made to the Teachers’ Retirement System.

(c) The governing body of the Alabama Opportunities Industrialization Center may provide in its resolution to the Teachers’ Retirement System’s Board of Control that all service rendered, by an eligible employee or executive officer, to said center, previous to the effective date of said center’s election to come under the Teachers’ Retirement System, shall be creditable service to such employee or executive officer; provided that any such provision shall apply only to those employees and officers who were in the active service of the center on the effective date of said association’s election to be covered under the Teachers’ Retirement System; and provided further that the said resolution also states that the Alabama Opportunities Industrialization Center, shall assume and pay, as required, all costs necessary to fund the crediting of such previous service, such costs to be determined by the actuary employed by the Teachers’ Retirement System’s Board of Control.

(Acts 1986, No. 86-529, p. 1025, §§ 1-3.)

§ 16-25-10.6 Elected Superintendent of Education; Cost of Coverage; Purchase of Prior Service Credit

Any person now serving as an elected superintendent of education in this state may become a member of the Teachers’ Retirement System of Alabama within 90 days after the ratification of an amendment to the Constitution of Alabama 1901 allowing elected superintendents of education to participate in the Teachers’ Retirement System, subject to such rules and regulations as may be promulgated by the Board of Control of said system. Any person hereafter elected to serve as superintendent of education shall be deemed to be a “teacher” as defined in Section 16-25-1 and shall be entitled to the benefits thereof. The employer cost for coverage of such elected superintendents shall be paid as for other school employees. Provided further, that such elected superintendents shall be entitled to purchase prior service credit as a teacher or superintendent in such system under such rules, regulations and provisions of law that govern the purchase of such prior service credit, from time to time, by teachers.

(Acts 1989, No. 89-867, p. 1742, § 1.)

§ 16-25-10.7 Officers and Employees of Community Action Agencies; Contributions; Creditable Service

(a) Any governing body of any community action agency organized pursuant to Sections 11-80-4.1, 11-96-3 or 11-96-6 may by resolution legally adopted to conform to the rules prescribed by the Board of Control of the Teachers’ Retirement System elect to have its executive officers and employees from whatever source and in whatever manner paid become eligible to participate in the Teachers’ Retirement System of Alabama subject to all rules, regulations and conditions thereof.

(b) The governing body of any community action agency eligible under subsection (a) of this section and having made an election by resolution as provided therein, its employees and executive officers may participate in and be entitled to all benefits of the Teachers’ Retirement System of Alabama, provided that where contributions are made from salaries paid by a community action agency the agency shall pay the employer cost calculated as a percentage of the salaries of those employees to be contributed as employer cost in accordance with subdivisions (3) and (5) of Section 16-25-21. Such amounts shall be paid monthly and at the same time as the member’s contributions are made to the Teachers’ Retirement System.

(c) The governing body of a community action agency eligible under subsection (a) of this section may provide in its resolution to the Teachers’ Retirement System’s Board of Control that all service rendered by an eligible employee or executive officer to said agency previous to the effective date of said agency’s election to come under the Teachers’ Retirement System shall be creditable service to such employee or executive officer, provided that any such provision shall apply only to those employees and officers who were in the active service of the agency on the effective date of said agency’s election to be covered under the Teachers’ Retirement System, and provided further that the said resolution also states that the agency shall assume and pay as required all costs necessary to fund the crediting of such previous service, such costs to be determined by the actuary employed by the Teachers’ Retirement System’s Board of Control.

(Acts 1990, No. 90-292, p. 394, §§1-3.)

§ 16-25-10.8 Officers and Employees of Developing Alabama Youth Foundation; Contributions; Creditable Service

(a) The governing body of the Developing Alabama Youth Foundation may, by resolution legally adopted to conform to the rules prescribed by the Board of Control of the Teachers’ Retirement System, elect to have its executive officers and full-time employees, from whatever source and in whatever manner paid, become eligible to participate in the Teachers’ Retirement System of Alabama, subject to all rules, regulations, and conditions thereof.

(b) The governing body of the Developing Alabama Youth Foundation, having made an election through a resolution as provided in subsection (a), its employees and executive officers may participate in and be entitled to all benefits of the Teachers’ Retirement System of Alabama; provided, that where contributions are made from salaries paid by the Developing Alabama Youth Foundation, the Developing Alabama Youth Foundation shall pay the employer cost, calculated as a percentage of the salaries of those employees, to be contributed as employer contributions in accordance with Section 16-25-21. Such amount shall be paid monthly and at the same time as the members’ contributions are made to the Teachers’ Retirement System.

(c) The governing body of the Developing Alabama Youth Foundation may provide in its resolution to the Teachers’ Retirement System’s Board of Control that all service rendered by an eligible employee or executive officer to said foundation, previous to the effective date of said foundation’s election to come under the Teachers’ Retirement System, shall be creditable service to such employee or executive officer; provided, that any such provision shall apply only to those employees and officers who were in the active service of the foundation on the effective date of said foundation’s election to be covered under the Teachers’ Retirement System; and provided further, that the said resolution also states that the Developing Alabama Youth Foundation shall assume and pay, as required, all costs necessary to fund the crediting of such previous service, such costs to be determined by the actuary employed by the Teachers’ Retirement System Board of Control. All benefits that accrue and are payable to any beneficiary hereunder shall be limited to, and shall not exceed, the amount paid in by the beneficiary and the employer plus his portion of the interest earned and the enhancement of his moneys by investing them, less cost of administration, at no cost to the State of Alabama.

(Acts 1991, No. 91-443, p. 813, §§1-3; Acts 1993, No. 93-614, p. 1006, §§1(8), 1(9).)

§ 16-25-10.9 Officers and Employees of Tennessee Valley Rehabilitation Center, Inc.; Contributions; Creditable Service

(a) This section shall apply only to the employees and executive staff members of the Tennessee Valley Rehabilitation Center, Inc., who were active and contributing members of the Teachers’ Retirement System on August 1, 1994 through John C. Calhoun Community College.

(b) The Board of Directors of the Tennessee Valley Rehabilitation Center, Inc., may, by resolution legally adopted to conform to the rules prescribed by the Board of Control of the Teachers’ Retirement System, elect to have the full-time employees and executive staff members as defined in subsection (a), from whatever source and in whatever manner paid, become eligible to participate in the Teachers’ Retirement System, subject to all rules, regulations, and conditions of the system.

(c) When an election is made to join the Teachers’ Retirement System pursuant to subsection (b), the full-time employees and executive staff members of the Tennessee Valley Rehabilitation Center, Inc., as defined in subsection (a) may participate in and be entitled to all benefits of the Teachers’ Retirement System, provided that where contributions are made from salaries paid to the employees and staff members by the Tennessee Valley Rehabilitation Center, Inc., the employer costs as a percentage of the aforementioned salaries are contributed by the center as the employer to the Teachers’ Retirement System in accordance with Section 16-25-21. The employer contributions shall be paid monthly to the system at the same time as the contributions of the members are made to the system.

(d) The resolution for membership in the Teachers’ Retirement System adopted pursuant to subsection (b) may also include a provision for all service rendered by an eligible employee or executive staff member from September 1, 1994, to the effective date of the election of the Tennessee Valley Rehabilitation Center, Inc., to participate in the system to be creditable service for the full-time employee or executive staff member in the system. Such a provision shall apply only to the full-time employees and executive staff members of the center who are in the active service of the center on the effective date of the election of the group to be covered under the system, and the resolution shall also state that the center, as the employer, shall assume and pay all costs required to fund the credit for the prior service in the amount for the costs as determined by the actuary employed by the board of control of the system.

(Acts 1996, 1st Ex. Sess., No. 96-48, p. 65, §§1–3.)

§ 16-25-10.10 Officers and Employees of the American Federation of Teachers in Alabama; Contributions; Creditable Service

(a) The governing body of any local union or state organization of the American Federation of Teachers may, by resolution legally adopted to conform to the rules prescribed by the Board of Control of the Teachers’ Retirement System, elect to have its officers and employees, from whatever source and in whatever manner paid, become eligible to participate in the Teachers’ Retirement System subject to all rules, regulations, and conditions thereof.

(b) The governing body of any local union or state organization of the American Federation of Teachers eligible under subsection (a) to participate in the system, and having made an election by resolution to participate, may have its employees and officers participate in, and be entitled to, all benefits of the Teachers’ Retirement System, provided that where contributions are made from salaries paid by a local union or state organization of the American Federation of Teachers, the local union or state organization shall pay the employer cost in accordance with Section 16-25-21, at the same time as the member’s contributions are paid to the Teachers’ Retirement System.

(c) The governing body of any local union or state organization of the American Federation of Teachers eligible under subsection (a) to participate in the system, may provide in its resolution to the Board of Control of the Teachers’ Retirement System that all service rendered by an eligible employee or officer to the local union or state organization of the American Federation of Teachers prior to the effective date of the election of the local union or state organization to come under the Teachers’ Retirement System shall be creditable service to the employee or officer, provided that such a provision in the resolution shall apply only to the local union or state organization of the American Federation of Teachers on the effective date of the election of the local union or state organization to be covered under the Teachers’ Retirement System. The resolution also shall state that the local union or state organization of the American Federation of Teachers shall assume, and pay as required, all costs necessary to fund the crediting of the prior service, with the costs to be determined by the actuary employed by the Board of Control of the Teachers’ Retirement System.

(d) The provisions of this section may not apply to any person who is not a teacher.

(Acts 1997, No. 97-918, p. 309, §1.)

§ 16-25-10.11 Officers and Employees of School Superintendents of Alabama

(a) The governing body of the School Superintendents of Alabama, by resolution legally adopted to conform to the rules prescribed by the Board of Control of the Teachers’ Retirement System, may elect to have its executive officers and employees, from whatever source and in whatever manner paid, continue eligibility to participate in the Teachers’ Retirement System of Alabama, subject to all rules, regulations, and conditions thereof.

(b) The governing body of the School Superintendents of Alabama having made an election through a resolution as provided in subsection (a), its employees and executive officers may continue to participate in and be entitled to all benefits of the Teachers’ Retirement System of Alabama. Where contributions are made from salaries paid by the School Superintendents of Alabama, the School Superintendents of Alabama shall pay the employer costs, calculated as a percentage of the salaries of those employees, to be contributed as employer in accordance with Section 16-25-21. Such amounts shall be paid monthly and at the same time as the members’ contributions are made to the Teachers’ Retirement System.

(c) All benefits that accrue and are payable to any beneficiary under this section shall be limited to and shall not exceed the amount paid in by the beneficiary and the employer plus his or her portion of the interest earned and the enhancement of his or her moneys by investing them, less the cost of administration, at no cost to the State of Alabama.

(d) All executive officers and employees of the School Superintendents of Alabama now covered in the Teachers’ Retirement System of Alabama under Section 16-25-10.2, pursuant to affiliation with the Alabama Council for School Administration or its successor organization, the Council for Leaders in Alabama Schools, may continue to be enrolled in the Teachers’ Retirement System of Alabama by their employer, the School Superintendents of Alabama, with all credits as have been established in the Teachers’ Retirement System of Alabama.

(Act 2010-256, p. 447, §1.)

§ 16-25-10.12 Officers and Employees of Alabama Higher Education Partnership, Inc.; Contributions; Creditable Service

(a) The governing body of the Alabama Higher Education Partnership, Inc., by resolution legally adopted to conform to the rules prescribed by the Board of Control of the Teachers’ Retirement System, may elect to have its officers and employees, from whatever source and in whatever manner paid, become eligible to participate in the Teachers’ Retirement System subject to all rules, regulations, and conditions thereof.

(b) The governing body of the Alabama Higher Education Partnership, Inc., having made an election by resolution pursuant to subsection (a), may have its employees and officers participate in, and be entitled to, all benefits of the Teachers’ Retirement System. Where contributions are made from salaries paid by the Alabama Higher Education Partnership, Inc., the Alabama Higher Education Partnership, Inc., shall pay the employer cost, calculated as a percentage of the salaries of those employees, to be contributed as employer contributions in accordance with Section 16-25-21. Such amount shall be paid monthly and at the same time as the member’s contributions are paid to the Teachers’ Retirement System.

(c) The governing body of the Alabama Higher Education Partnership, Inc., eligible under subsection (a) to participate in the system, may provide in its resolution to the Board of Control of the Teachers’ Retirement System that all service rendered by an eligible employee or officer to the organization before the effective date of the election of the organization to come under the Teachers’ Retirement System shall be creditable service to the employee or officer. Such a provision in the resolution shall apply only to those employees and officers who were in the active service of the organization on the effective date of the election of the organization to be covered under the Teachers’ Retirement System. The resolution shall also state that the organization shall assume and pay, as required, all costs necessary to fund the crediting of such prior service, with the costs to be determined by the actuary employed by the Board of Control of the Teachers’ Retirement System.

(Act 2010-750, p. 1901, §1.)

§ 16-25-11 Creditable Service

(a) Under such rules and regulations as the Board of Control shall adopt, each person who was a teacher prior to October 1, 1940, and who under the provisions of this chapter makes up contributions plus eight percent compound interest on such contributions for the time said teacher taught as a nonmember and who becomes a member prior to October 1, 1974, shall file a detailed statement of all service as a teacher rendered by him prior to October 1, 1940, for which he claims credit. The Board of Control shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to one year of service, but in no case shall it allow any credit for a period of absence without pay for more than one month’s duration, nor shall more than one year of service be creditable for all service in one calendar year. Service rendered for a regular school year shall be equivalent to one year’s service. Subject to the above restrictions and to such other rules and regulations as the Board of Control may adopt, the Board of Control shall verify, as soon as practicable after the filing of such statements of service, the service therein claimed. Upon verification of the statements of service, the Board of Control shall issue prior service certificates certifying to each member the length of service rendered prior to October 1, 1940, with which he is credited on the basis of his statement of service. Any prior service certificate heretofore issued not providing for the maximum prior service to which the member is entitled shall be revised to include such credit. So long as membership continues, a prior service certificate shall be final and conclusive for retirement purposes as to such service, provided, that any member may request the Board of Control to modify or correct his prior service certificate. When membership ceases, a prior service certificate shall become void. Should a teacher again become a member, he shall enter the system as a teacher not entitled to prior service credit. Creditable service at retirement on which the retirement allowance of a member shall be based shall consist of the membership service rendered by him since he last became a member and also, if he has a prior service certificate, which is in full force and effect, the amount of the service certified on his prior service certificate.

(b) Any teacher, or retired teacher, who became a member of the retirement system before July 1, 1973, and who prior to said date had been ineligible to receive credit for services rendered as a teacher prior to September 1, 1941, for reasons other than having taught as a nonmember shall be eligible under the rules and regulations adopted by the Board of Control in accordance with the provisions of this chapter to receive credit for all service as a teacher rendered by him prior to October 1, 1940; provided, that such person has never waived his claim on the funds of the retirement system by withdrawing his accumulated contributions to said fund; and provided, that said member has not been absent from service more than five years in any period of six consecutive years after becoming a member of the retirement system.

(c) Any teacher who was a member of the Teachers’ Retirement System as of September 9, 1955 shall be eligible to receive credit for service rendered as a state employee on a full-time basis prior to October 1, 1945, under such rules and regulations as may be adopted by the Board of Control in accordance with the provisions of this chapter.

(d) Anything in this chapter to the contrary notwithstanding, any teacher who is now a member of the Teachers’ Retirement System or who becomes a member of the Teachers’ Retirement System at a future date, who had previously withdrawn his funds from either the Teachers’ Retirement System or the Employees’ Retirement System or whose account had been terminated due to a five year absence shall have restored to him all creditable service, provided, that said teacher completes two years of contributing membership service after he again becomes a member of the retirement system; and provided, that said teacher repays to the treasurer of the retirement system the amount previously returned to him including compounded interest of eight percent to the date of repayment, prior to the date of retirement of said member. Notwithstanding the foregoing provisions any member who elects to purchase credit for withdrawn service shall be eligible to purchase such credit only to the extent that such member does not have credit established with any other public retirement system for such period of service. Should any member have established part credit with another public retirement system for any period of withdrawn service, then such member shall only be eligible to purchase that portion of such withdrawn service for which such member does not otherwise have credit. In determining credit with other public retirement systems coverage under the federal Social Security program shall not be considered.

(e) Anything in this chapter to the contrary notwithstanding any teacher who has been retired from service and who is now receiving a service retirement allowance or a disability retirement allowance, pursuant to Section 16-25-14, who had five years or more of contributing membership service in the Teachers’ Retirement System immediately prior to being retired and who had previously withdrawn his funds either from the Teachers’ Retirement System or the Employees’ Retirement System or whose account had been terminated due to five years’ absence shall have restored to him all creditable service; provided, that said retired teacher pays to the treasurer of the retirement system within one year after October 1, 1982, the amount previously returned to him including compound interest of eight percent to the date of repayment.

(Acts 1939, No. 419, p. 559, §4; Code 1940, T. 52, §365; Acts 1943, No. 61, p. 35, §3; Acts 1945, No. 212, p. 336, §1; Acts 1951, No. 552, p. 967, §2; Acts 1955, No. 550, p. 1206, §1; Acts 1957, No. 356, p. 470, §1; Acts 1961, No. 709, p. 1000, §2; Acts 1963, 1st Ex. Sess., No. 43, p. 126, §3; Acts 1965, No. 372, p. 505, §1; Acts 1973, No. 1126, p. 1895, §2; Acts 1982, No. 82-470, p. 780, §1; Acts 1987, No. 87-676, §1.)

§ 16-25-11.1 Conversion of Unused Sick Leave into Creditable Service in Retirement System

Teachers, as defined in subdivision (3) of Section 16-25-1 or subsection (d) of Section 16-25-5, as amended may use their accrued sick leave, up to a maximum number of accrued sick leave days allowed by law, to be included as membership service in determining the total years of creditable service in the Teachers’ Retirement System of Alabama; provided, any teacher not authorized by law to receive sick leave may use any accrued sick leave provided by his or her employer, provided, that employer is lawfully empowered to grant such leave, which cannot be without pay; and provided further that the amount of such accrued leave shall not exceed the maximum number of accrued sick leave days allowed by law for a classroom teacher employed by a city or county board of education. Unused sick leave may be converted to membership service only for the purpose of applying for service retirement. The conversion shall not apply to eligibility for deferred retirement; provided that a person eligible for service retirement, if also eligible for disability retirement, may elect disability retirement and also receive credit for accumulated sick leave pursuant to this section. This section shall not be applicable to any person who is eligible to receive partial payment for accrued sick leave pursuant to Section 36-26-36.

(Acts 1984, No. 84-251, p. 403, §2; Act 2012-377, p. 944, §1; Act 2021-537, §1.)

§ 16-25-11.2 Purchase of Credit for Legislative Service; Option to Be Exercised and Paid for by October 1, 1988

(a) Whenever used in this section, all words and phrases defined in Section 36-27-1, shall have the same meanings ascribed to them in such section, unless the context clearly indicates that a different meaning is intended.

(b) Any active and contributing member of the Teachers’ Retirement System of Alabama who has been credited with at least 10 years of contributing membership service and, who has rendered full-time service as a legislative employee may hereby claim and purchase credit for any such prior full-time legislative service for which credit has not been granted in either the Teachers’ or Employees’ Retirement System.

(c) Any member eligible to claim and purchase credit for service under subsection (b) hereof, shall be awarded such credit under the Teachers’ Retirement System of Alabama provided he shall pay to the Secretary-Treasurer of the Teachers’ Retirement System prior to said member’s date of retirement a sum equal to the contributions he would have made for such prior service plus eight percent interest compounded annually.

(d) The provisions granted under this section to reopen the Teachers’ Retirement System shall terminate October 1, 1988, and no one shall be eligible to utilize any of the options granted herein if not fully exercised and paid prior to October 1, 1988.

(Acts 1987, No. 87-640, §§1-4.)

§ 16-25-11.3 Purchase of Credit by Employees of Junior Colleges and Technical Colleges for Leave of Absence

(a) All employees of state junior colleges and state technical colleges who have been in such service for five years or more and who are participating in the Teachers’ Retirement System of Alabama on May 4, 1989, may elect to purchase credit for any time they were on leave of absence from such service between the dates of March 30, 1984, and July 1, 1986.

(b) Any employee electing to purchase credit pursuant to subsection (a) of this section shall pay to the Secretary-Treasurer within one year after May 4, 1989, a lump sum payment equal to a percentage of the current annual salary of such person; the applicable percentage shall be the sum of the prevailing percentage rates of employer and member contributions as required by the most recent actuarial valuation.

(Acts 1989, No. 89-538, p. 1126, §§1, 2.)

§ 16-25-11.4 Purchase of Credit for Prior Service Rendered as Full-Time Employee in Office of Clerk of Circuit Court or with Alabama State Employees Association

(a) Any acting and contributing member of the Teachers’ Retirement System of Alabama may elect to purchase credit for prior service rendered as a full-time employee in the office of a clerk of the circuit court in the State of Alabama or as a full-time employee with the Alabama State Employees Association provided the member complies with the following conditions prescribed in this section.

(b) Any employee electing to purchase credit under subsection (a) of this section shall pay to the Secretary-Treasurer of the Teachers’ Retirement System within one year after October 1, 1995, a lump sum payment equal to a percentage of the current annual salary or final average compensation, whichever is greater, of the member. The applicable percentage shall be the sum of the prevailing percentage rates of employer and member contributions as required by the most recent actuarial valuation.

(c) Anything in this section to the contrary notwithstanding, a member of the Teachers’ Retirement System shall not receive credit for the service where at the time of retirement he or she has credit or is entitled to receive any benefits whatsoever for the same service under any other retirement or pension plan which is wholly or partly funded from public funds; provided, however, that nothing herein shall be construed to apply to participation in the federal Social Security program. In the event of disqualification of the service credit, contributions made under this section by the member shall be refunded to him or her.

(Acts 1989, No. 89-746, p. 1512, §§1-3; Acts 1995, No. 95-508, p. 1017, §1.)

§ 16-25-11.5 Purchase of Credit for Employment in Support Personnel Position

(a) Any active and contributing member of the Teachers’ Retirement System of Alabama shall be eligible to receive up to five years of creditable service for employment in a support personnel position in the State of Alabama, if the member claiming the credit has not less than 10 years of contributing membership service exclusive of military service credit under the Teachers’ Retirement System, and the member performs and complies with the conditions prescribed in subsection (b) of this section.

(b) A member of the Teachers’ Retirement System of Alabama eligible under subsection (a) of this section may receive credit as provided in subsection (a) if as a condition precedent to the receipt of the credit: (i) the member contributes prior to his or her date of retirement, to the Teachers’ Retirement System for each year of claimed service credit the full actuarially determined cost for each year of service credit as determined by the system’s actuary; (ii) the member shall claim, purchase and receive credit for support personnel service in increments of not less than one year unless the member’s total or balance of claimed service is less than one year in which event he or she shall claim and purchase credit for the entire period.

(c) Anything in this section to the contrary notwithstanding, a member shall not be eligible to purchase credit under this section for service for which he or she already has credit under the Teachers’ Retirement System or any other retirement or pension plan which is wholly or partly funded from public funds or other moneys of public institutions of this or any other state, provided that nothing herein shall be construed to apply to participation in the federal Social Security program. In the event of disqualification of service purchased under this section, contributions made on account of the disqualified service shall be refunded to the member.

(Acts 1990, No. 90-549, p. 855, §§1-3; Acts 1993, No. 93-644, p. 1109, §6; Act 98-385, p. 732, §1.)

§ 16-25-11.6 Purchase of Credit for Employment with School Operated by Department of Defense

(a) Any active and contributing member of the Teachers’ Retirement System of Alabama who was a regular employee of a school operated by the Department of Defense of the United States of America and is now covered by the Teachers’ Retirement System shall be eligible to receive credit for such service provided that the member of the Teachers’ Retirement System claiming such credit shall have attained not less than 10 years of contributing membership service credit exclusive of military service credit under the Teachers’ Retirement System, and provided further that such member performs and complies with the conditions prescribed in subsection (b).

(b) A member of the Teachers’ Retirement System of Alabama eligible under subsection (a) may receive credit for employment rendered to a school operated by the Department of Defense of the United States of America as provided in subsection (a), provided that as a condition precedent to the receipt of such credit (i) such member shall contribute prior to the date of his or her retirement to the Teachers’ Retirement System for each year of employment with a school operated by the Department of Defense of the United States of America the full actuarially determined cost for each year of service purchased as determined by the system’s actuary; (ii) the employer for which such member was employed shall certify in writing to the Teachers’ Retirement System the dates of the member’s employment together with a statement certifying that such member was a regular employee of a school operated by the Department of Defense of the United States of America during such period of claimed service; (iii) the member shall claim, purchase, and receive credit for eligible service in increments of not less than one year unless such member’s total balance of such service is less than one year in which event he or she shall claim and purchase credit for the entire period.

(c) Anything in this section to the contrary notwithstanding, a member of the Teachers’ Retirement System shall not receive credit for such service where at the time of retirement he or she has credit or is entitled to any benefits whatsoever for the same service under any retirement or pension plan which is wholly or partly funded from public funds, provided, however, that nothing contained herein shall be construed to apply to participation in the federal Social Security program. In the event of disqualification of such service credit contributions made under this section by the member shall be refunded to him or her.

(d) Any year of service purchased under this section shall not be considered in determining the out-of-pocket premium amount charged to retirees under Section 16-25A-8.1. Also, any service purchased under this section shall not entitle a member to be eligible for benefits under the Public Education Employees’ Health Insurance Plan any sooner than the member could have reached eligibility under the plan without the service purchased under this section.

(Acts 1990, No. 90-632, p. 1158, §§1-4; Act 98-385, p. 732, §2; Act 2008-385, p. 725, §§1, 2.)

§ 16-25-11.7 Purchase of Credit by Certain Members Employed as Teachers in State Public Schools Regardless of Manner in Which Salary Was Paid or Source Thereof

(a) Any person who on October 1, 1990 was a member of the Teachers’ Retirement System who was employed in a public school in Alabama shall be entitled to receive credit for all service rendered in such public school regardless of the manner in which the member’s salary was paid or the source of funds for such salary; provided, however, that this provision shall not apply to any person who at the time of such service with a public school was also a student at the institution by which he was employed.

(b) Any person employed in the capacity set out in subsection (a) of this section shall be entitled to receive credit for all service as a teacher rendered by him provided that said person pays to the Secretary-Treasurer within one year from October 1, 1990 for each year of claimed service, a sum equal to a percentage of his average final compensation or current annual earnable compensation, whichever is greater; the applicable percentage shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuations, for each year of service purchased. In the event the employer is unable to verify the salary or employment of any person covered in subsection (a) of this section, upon certification of such employer that records are not available, the member may submit affidavits from two disinterested parties with personal knowledge attesting to the salary and employment of said member.

(Acts 1990, No. 90-633, p. 1160, §§ 1, 2.)

§ 16-25-11.8 Purchase of Credit for Time on Leave from Service Without Pay Due to Adoption Requirements

(a) Any provisions of Chapter 25 of this title, to the contrary notwithstanding, active and contributing members of the Teachers’ Retirement System may purchase service credit in the system not to exceed one year for any period of time that they were required to be on leave from service without pay to comply with any state adoption law or regulation requiring a prospective adopting parent to stay home from work until the adoption process was finalized. The Board of Control of the Teachers’ Retirement System shall adopt rules and regulations for the administration of this section including verification of the service that the member desires to purchase credit for in the system. The member shall receive credit for the service when he or she remits to the system the contributions required by subsection (b). Notwithstanding the foregoing language, no member of the Teachers’ Retirement System shall be eligible to receive credit for any service that the member is already credited with in the system or in any other public retirement plan, with the exception of the federal Social Security program.

(b) Any member who is eligible to purchase service credit in the Teachers’ Retirement System under subsection (a) shall pay to the Secretary-Treasurer of the system, within one year from October 1, 1993, for the claimed service, a sum equal to a percentage of his or her current annual earnable compensation or the average of his or her annual compensation for the two scholastic years immediately prior to the purchase, whichever is greater. The applicable percentage shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuations, for each year of service credit purchased.

(Acts 1993, No. 93-629, p. 1075, §§1, 2.)

§ 16-25-11.9 Purchase of Credit for Employment as Court Reporters, School Support Personnel, or Local Mental Health Authority Workers

(a) Any active and contributing member of the Teachers’ Retirement System of Alabama who, prior to October 1, 1993, was a regular full-time employee as an official court reporter with a circuit court in the state or a full-time employee of a local mental health authority or school support personnel, shall be eligible to receive credit for such employment provided that the member claiming the credit shall have worked not less than 10 consecutive years as an official court reporter, and complies with the conditions prescribed in subsection (b).

(b) A member eligible under subsection (a) may receive credit for regular, full-time employment rendered as an official court reporter with a circuit court in the state or service rendered to a local mental health authority provided that as conditions precedent to the receipt of credit:

(1) The member contributes, within one year of October 1, 1993, to the Teachers’ Retirement System for each year of claimed credit a percentage of his or her annual earnable compensation or final average salary, whichever is greater; the applicable percentage of the annual earnable compensation, or final average salary, whichever is greater, shall be the prevailing percentage rates of the employer and member contributions, as required by the most recent actuarial valuation.

(2) The presiding judge of the judicial circuit by which the member was employed shall certify in writing to the Teachers’ Retirement System, the dates of the member’s employment together with certification that the member was a regular full-time employee as an official court reporter with a circuit court in the state.

(3) The local mental health authority, or successor organization, for which the member was employed shall certify in writing to the Teachers’ Retirement System, the dates of the member’s employment together with certification that the member was a regular full-time employee of a local mental health authority in the State of Alabama.

(c) Notwithstanding the foregoing subsections (a) and (b), a member of the system shall not receive credit for any service where at the time of retirement he or she has credit or is entitled to receive any benefits whatsoever for the same service under any other retirement or pension plan which is wholly or partially funded from public funds; provided, however, that this section shall not be construed to apply to participation in the federal Social Security program. In the event of disqualification of certain service, contributions made under this section shall be refunded to the member.

(d) Any active and contributing member of the Teachers’ Retirement System, who was employed by an employer whose employees were participating in the Teachers’ Retirement System at any time between March 21, 1983 and November 1, 1988, shall be entitled to receive credit for all prior service rendered for the eligible employer, regardless of the manner in which the salary of the member was paid, the entity that actually employed the member, or the source of funds for the salary of the member. The foregoing entitlement shall not apply to any person who at the same time of the prior service was also a student at the school or institution where he or she was employed. The member shall receive credit for the prior service when the eligible employer to whom the prior service was rendered remits to the Teachers’ Retirement System the contributions required by subsection (e). Notwithstanding the foregoing language, no member of the Teachers’ Retirement System of Alabama shall be eligible to receive credit for any service that the member is already credited with in the system or in any other public retirement plan, with the exception of the federal Social Security program.

(e) Any member who rendered prior service as prescribed in subsection (d), shall be entitled to receive credit for all prior service as a teacher rendered by him or her. The eligible employer to whom the prior service was rendered shall pay to the Secretary-Treasurer, within one year from October 1, 1993, for each year of claimed service, a sum equal to a percentage of his or her average final compensation or current annual earnable compensation, whichever is greater, the applicable percentage shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuations, for each year of prior service credit purchased. In the event the employer is unable to verify the employment of any person covered in subsection (d), upon certification of the employer that records are not available, the member may submit affidavits from two disinterested parties with personal knowledge attesting to the employment of the member.

(Acts 1993, No. 93-644, p. 1109, §§1-5.)

§ 16-25-11.10 Purchase of Credit for Prior Service Rendered to Employer Who May Join System Pursuant to Section 16-25-10.7 but Has Not Elected to Participate

(a) Active and contributing members of the Teachers’ Retirement System may claim and purchase service credit in the system not to exceed eight years for any period of prior service while they were full-time employees of an employer who is authorized to join the system pursuant to Section 16-25-10.7, but has not elected to participate. The certification of any prior service claimed by the members under this section shall conform to applicable administrative rules and procedures of the Teachers’ Retirement System. Members shall receive credit for the prior service when they remit to the system the contributions required by subsection (b). Notwithstanding the foregoing, no member of the system shall receive credit for any service that the member is already credited with in the system or any other public retirement plan, with the exception of the federal Social Security program.

(b) Any member who is eligible to purchase service credit in the Teachers’ Retirement System under subsection (a) shall pay to the Secretary-Treasurer of the system, within one year from July 31, 1995, for the claimed service, a sum equal to a percentage of his or her current annual earnable compensation or average final compensation, whichever is greater. The applicable percentage shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuations, for each year of service credit purchased.

(Acts 1995, No. 95-640, p. 1347, §§1, 2.)

§ 16-25-11.11 Purchase of Credit for Prior Service with Alabama State Council on the Arts

(a) Any active and contributing member of the Teachers’ Retirement System may purchase credit in the Teachers’ Retirement System for prior service with the Alabama State Council on the Arts if the member has not received credit in the system for the same prior service and has not vested or otherwise become eligible to receive a retirement benefit by using the same prior service credit in another pension plan offered by the council.

(b) A member of the Teachers’ Retirement System who is eligible to purchase any prior service credit under subsection (a) shall receive the credit if he or she pays into the system on or before his or her date of retirement, an amount equal to the full actuarially determined cost for each year of prior service purchased as determined by the system’s actuary. Prior service may be purchased only in yearly increments of at least two years at a time.

(Acts 1995, No. 95-649, p. 1357, §1; Act 98-385, p. 732, §3.)

§ 16-25-11.12 Purchase of Service Credit for Time on Maternity Leave

THIS SECTION WAS AMENDED BY ACT 2022-424 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.

(a) Any provision of this chapter, to the contrary notwithstanding, active and contributing members of the Teachers’ Retirement System may purchase service credit in the system not to exceed one year for any period of time while they were on maternity leave from service without pay. The Board of Control of the Teachers’ Retirement System shall adopt rules and regulations for the administration of this section including verification of the service that the member desires to purchase credit for in the system. The member shall receive credit for the service when he or she remits to the system the contributions required by subsection (b). Notwithstanding the foregoing language, no member of the Teachers’ Retirement System shall be eligible to receive credit for any period of time that the member is already credited with in the system or in any other retirement plan, with the exception of the federal Social Security program.

(b) Any member who is eligible to purchase service credit in the Teachers’ Retirement System under subsection (a) shall pay to the Secretary-Treasurer of the system, prior to October 1, 2001, for the claimed service, a sum equal to the full actuarially determined cost for each year of service credit purchased as determined by the system’s actuary.

(c) Subsequent to October 1, 2001, any member claiming service credit under the provisions of this section shall claim and purchase the service credit no later than June 30 of the year immediately following the expiration of the maternity leave.

(Acts 1996, No. 96-788, p. 1467, §§1, 2; Act 2000-452, p. 814, §1.)

§ 16-25-11.13 Purchase of Credit for Prior Service with the Cooperative Extension Service at Auburn University

Terminated.

(Acts 1997, No. 97-637, p. 1163, §1; Act 2001-1101, 4th Sp. Sess., p. 1162, §1.)

§ 16-25-11.14 Purchase of Credit for Service Rendered to Authorized Employer

(a) Active and contributing members of the Teachers’ Retirement System (TRS) or the Employees’ Retirement System (ERS) may claim and purchase service credit in the system not to exceed eight years for any period of prior service while they were full-time employees of an employer who is authorized to join the TRS pursuant to Section 16-25-10.7, but has not elected to participate. The certification of any prior service claimed by the members under this section shall conform to applicable administrative rules and procedures of the TRS or ERS. Members shall receive credit for the prior service when they remit to the system the contributions required by subsection (b). Notwithstanding the foregoing, no member of the system shall receive credit for any service that the member is already credited with in the system or any other public retirement plan, with the exception of the federal Social Security program.

(b) Any member who is eligible to purchase service credit in the TRS or ERS under subsection (a) shall pay to the Secretary-Treasurer of the system, within one year from September 1, 1999, for the claimed service, a sum equal to the full actuarially required cost for each year of service credit purchased as determined by the actuary for the system.

(Act 99-387, p. 614, §§1, 2.)

§ 16-25-11.15 Purchase of Credit for Prior Service with Eligible Employer Under Employees’ Retirement System

(a)(1) Any person who, as of July 1, 1990, is an officer or a regular employee of an employer participating in the Teachers’ Retirement System and who has previously been employed by another employer eligible for participation in the Employees’ Retirement System pursuant to Section 36-27-6, shall be eligible to receive creditable service for each year of service previously rendered to another employer eligible for participation in the Employees’ Retirement System pursuant to Section 36-27-6, for up to eight years of creditable service, provided, that the member claiming the credit shall have attained not less than 10 years of contributing membership service credit, exclusive of military service credit under the Teachers’ Retirement System, and the member performs and complies with the condition prescribed in subdivision (2).

(2) A member of the Teachers’ Retirement System eligible under subsection (a), may receive credit for service rendered to another employer eligible for participation in the Employees’ Retirement System as provided in subdivision (1), provided that prior to receiving the credit, the member shall contribute, prior to the date of his or her retirement, to the Teachers’ Retirement System, the full actuarially determined cost for each year of service purchased as determined by the system’s actuary. Notwithstanding the foregoing language, no member of the Teacher’s Retirement System shall be eligible to receive credit for any service that the member is already credited with in the system or in any other public retirement plan, with the exception of the federal Social Security program.

(b) The eligible employer defined in subsection (a) shall certify in writing to the Teachers’ Retirement System of Alabama the total employment status and earnable compensation by fiscal year for the member requesting the service credit.

(c) The member shall claim, purchase, and receive credit for all the service certified from the eligible employer up to a maximum of eight years. In addition, the member is only eligible for a maximum of eight years of service credit under this section regardless of the total number of eligible employers and total years of service.

(Act 99-426, p. 758, §1.)

§ 16-25-11.16 Purchase of Credit for Prior Service to Southeastern Educational Laboratory Program

(a) Any active and contributing member of the Teachers’ Retirement System may claim and purchase service credit in the system not to exceed two years for prior service as a full-time employee of the Southeastern Educational Laboratory Program for the period of time between September 1, 1967, and March 31, 1969. The certification of prior service claimed under this section shall conform to applicable administrative rules and procedures of the Teachers’ Retirement System. Members shall receive credit for the prior service when they remit to the system the contributions required by subsection (b). No member shall receive credit for any service that the member is already credited with in the system or any other public retirement plan, with the exception of the federal Social Security program.

(b) Any member who is eligible to purchase service credit pursuant to subsection (a) shall pay to the Secretary-Treasurer of the system, within one year from October 1, 2002, for the claimed service, the full actuarially determined cost for each year of claimed service as determined by the system’s actuary.

(Act 99-576, p. 1302, §1; Act 2002-504, p. 1305, §1.)

§ 16-25-11.17 Purchase of Credit for Prior Service with Department of Industrial Relations

(a) An active and contributing member of the Teachers’ Retirement System who has 10 years of creditable service in the Teachers’ Retirement System of Alabama may purchase up to four years service credit in the system for prior service rendered as a full-time employee with the Department of Industrial Relations under the federal Comprehensive Employment and Training Act between October 1974 and November 1978.

(b) Any member eligible to claim and purchase credit for service under subsection (a) shall be awarded such credit under the Teachers’ Retirement System of Alabama provided that he or she pays to the Secretary-Treasurer of the Teachers’ Retirement System, prior to the earlier of the member’s date of retirement or October 1, 2001, a lump sum equal to the full actuarially determined cost for each year of service purchased as determined by the system’s actuary. Notwithstanding the foregoing, no member of the Teachers’ Retirement System shall receive credit for any service that the member is already credited with in the system or in any other retirement plan, with the exception of the federal Social Security program.

(Act 2000-276, p. 439, §1.)

§ 16-25-11.18 Purchase of Credit for Prior Service with United States Civil Service

(a) Any active and contributing member of the Teachers’ Retirement System or the Employees’ Retirement System may elect to purchase prior service credit in the system for employment that the member had with the United States Civil Service at any military base of the United States or as a graduate teaching assistant or graduate research assistant at any public college or university in Alabama, if the employment service occurred prior to January 1, 1976, and if the member complies with the conditions prescribed in subsection (b).

(b) Any member eligible to claim and purchase the service credit pursuant to subsection (a) shall be awarded creditable service with the Teachers’ Retirement System or Employees’ Retirement System on the basis of one twelfth of a year for each month or portion of month of employment service only if the member pays into the retirement system or fund prior to the date of retirement of the member and prior to October 1, 2000, a sum equal to the full actuarially determined cost for each year, or portion thereof, of service credit, as determined by the system’s actuary.

(c) Proof of service and time of service shall be made by the member by affidavit with any supporting letter or other documentation submitted to the Teachers’ Retirement System or Employees’ Retirement System and, upon receipt thereof, the system shall promptly calculate the necessary contributions of the member and advise the member thereof. Upon timely payment by the member, the service credit shall be allowed the member.

(d) The provisions of this section shall terminate on October 1, 2000, and no person shall be eligible to utilize the options granted if not fully exercised and paid prior to such date.

(Act 2000-276, p. 439, §2.)

§ 16-25-11.19 Purchase of Credit for Prior Service with Federal Bureau of Mines

(a) Any active, vested, and contributing member of the Teachers’ Retirement System may claim and purchase service credit in the system not to exceed 8 years for prior service as a full-time employee of the Federal Bureau of Mines. The certification of prior service claimed under this section shall conform to applicable administrative rules and procedures of the Teachers’ Retirement System. Members shall receive credit for the prior service when they remit to the system the contributions required by subsection (b). No member shall receive credit for any service that the member is already credited with in the system or any other public retirement plan, with the exception of the federal Social Security program.

(b) Any member who is eligible to purchase service credit pursuant to subsection (a) shall pay to the Secretary-Treasurer of the system, within one year from August 1, 2000, for the claimed service, the full actuarially determined cost for each year of claimed service as determined by the system’s actuary.

(Act 2000-325, p. 521, §§1, 2.)

§ 16-25-11.20 Purchase of Credit for Time on Medical Leave or Full-Time Employment with Legislature, Etc

(a) Any active and contributing member of the Teachers’ Retirement System may claim and purchase service credit in the system for any prior service described and limited as follows:

(1) Not more than one year for time spent on medical leave approved by the state or local employer.

(2) Not more than 10 years for full-time employment with the Alabama Legislature.

(3) Not more than four years for full-time employment with a subsidiary affiliate organization of an employer which has continually participated in the system since its inception.

(b) The purchase of any prior service credit under subsection (a) may occur at any time prior to the member’s date of retirement. The certification of prior service claimed under this section shall conform to applicable administrative rules and procedures of the Teachers’ Retirement System. Members shall receive credit for the prior service when they remit to the system the contributions required by subsection (c). No member shall receive credit for any service that the member is already credited with in the system or any other public retirement plan, with the exception of the federal Social Security program.

(c) Any member who is eligible to purchase service credit pursuant to subsection (a) shall pay to the Secretary-Treasurer of the system for the claimed service, the full actuarially determined cost for each year of claimed service as determined by the system’s actuary.

(Act 2002-409, p. 1030, §1.)

§ 16-25-11.21 Purchase of Credit for Prior Service to Certain Institutions of Higher Education

(a) Any active, vested, and contributing member of the Teachers’ Retirement System who has been employed in public education for a minimum of 10 years may claim and purchase service credit in the system not to exceed five years for prior service between 1974 and 1989 rendered to an educational institution of higher education that receives direct appropriations from the Education Trust Fund but does not participate in the Teachers’ Retirement System. The certification of prior service claimed under this section shall conform to applicable administrative rules and procedures of the Teachers’ Retirement System. Members shall receive credit for the prior service when they remit to the system the contributions required by subsection (b). No member shall receive credit for any service for which the member is already credited within the system or any public retirement plan, with the exception of the federal Social Security program.

(b) Any member who is eligible to purchase service credit pursuant to subsection (a) shall pay to the Secretary-Treasurer of the system, within one year from October 1, 2009, for the claimed service, the full actuarially determined cost for each year of claimed service as determined by the system’s actuary.

(c) Any year of service purchased under this section shall not be considered in determining the out-of-pocket premium amount charged to retirees under Section 16-25A-8.1 or Section 36-29-19.7. Also, any service purchased under this section shall not entitle a member to be eligible for benefits under either the Public Education Employees’ Health Insurance Plan or the State Employees’ Health Insurance Plan any earlier than the member could have reached eligibility under the plan without the service purchased under this section.

(Act 2009-643, p. 1982, §§1, 2.)

§ 16-25-12 Prior Service Credit for Military Service During World War I

Any member of the Teachers’ Retirement System who is now entitled to receive credit for prior service and whose service as a teacher, as defined in Section 16-25-1, was interrupted by service in the armed forces of the United States during World War I shall be eligible to receive prior service credit for such military service; provided, that such member submits proof under such rules and regulations as the Board of Control shall adopt to show:

(1) That he was employed as a teacher prior to April 1, 1917;

(2) That he entered directly into the armed forces of the United States from such teaching service; and

(3) That he returned to teaching service in the public schools of Alabama within one year following an honorable discharge from the armed forces.

(Acts 1951, No. 524, p. 913, § 1.)

§ 16-25-13 Credit for Service as Elected Official of State or Department Head; Payment of Employee’s Contribution; Applicability of Provisions of Section

(a) Any person who, as of September 5, 1973, is presently covered or is eligible to be covered under the Teachers’ Retirement System of Alabama and who, prior to such coverage or eligibility for coverage, served as an elective official of the state government or a department head authorized to exercise sovereign power of the state shall have credited to him one year of creditable service for each year served as such elected official or department head, not to exceed eight years; provided, that such person shall pay into the retirement system the employee’s part of the cost or contribution based on the salary paid to such person during the time of his service as an elected official or department head, with such cost or contribution to be calculated at the percent or rate in effect on September 5, 1973.

(b) This section shall apply only to those persons who, at the time of their retirement, have sufficient creditable years of service under the Teachers’ Retirement System to equal 10 years inclusive of the years earned as an elected official or department head.

(c) The employee’s contribution for the years of service as an elected official or department head shall be paid by such employee within 60 days after he shall have completed the necessary years of employment as set out in subsection (b) of this section; except, that should said employee have completed the necessary years of service as set out in subsection (b) of this section, he then shall pay said contribution within 60 days after September 5, 1973.

(Acts 1973, No. 817, p. 1282, §§ 1-3.)

§ 16-25-13.1 Purchase of Credit for Service at Athens State University and State Junior Colleges; Procedure

(a) All employees of state junior colleges and Athens State University who are participating in the Teachers’ Retirement System of Alabama on July 22, 1987, may elect to purchase credit for their total years of service rendered to such employer prior to the time said employer was covered by the Teachers’ Retirement System of Alabama, up to a maximum of five years.

(b) Any employee electing to purchase credit pursuant to subsection (a) shall pay to the Secretary-Treasurer within one year after October 1, 1987, a lump sum payment equal to a percentage of his or her then earnable compensation; the applicable percentage shall be the sum of the prevailing percentage rates of employer and member contributions as required by the actuarial valuations during the years for which such person is purchasing prior service credit.

(Acts 1987, No. 87-564, p. 881, §§ 1, 2.)

§ 16-25-13.2 Purchase of Credit for Prior Service at Walker College

(a) Any active and contributing member of the Teachers’ Retirement System of Alabama, who prior to July 31, 1995, was a regular employee of Walker College, may claim and purchase prior service credit, not to exceed five years, for that prior service. Contributing members have one year from July 31, 1995, to make a lump sum payment in order to gain credit for up to five years of eligible service at Walker College.

(b) Any person eligible under subsection (a) to claim and purchase credit for prior service shall be awarded credit for the service under the Teachers’ Retirement System of Alabama if he or she complies with each of the following requirements:

(1) The person provides certification to the Teachers’ Retirement System no later than 60 days before the date of his or her retirement, as to the time of service and salary for each period of claimed service. The certification shall be made by the employing institution from official employment records.

(2) The person, prior to the date of his or her retirement and within the one year limit, pays to the Secretary-Treasurer of the Teachers’ Retirement System of Alabama for each year of prior service credit claimed, a percentage of his or her current annual earnable compensation or final average salary, whichever is greater, for each year of service credit purchased; the applicable percentage of the compensation or salary shall be the sum of the prevailing rates of employer and member contributions, as required by the most recent actuarial valuation.

(Acts 1995, No. 95-519, p. 1054, §1.)

§ 16-25-13.3 Purchase of Credit for Prior Service in Particular Nursing Program at Walker College

(a) Any active and contributing member of the Teachers’ Retirement System may claim and purchase credit in the system not to exceed seven years for prior service as a director of nursing in a nursing program at Walker College between January 1, 1981, and December 31, 1987, while the program was conducted jointly at the time between Walker College and Walker State Technical College. The certification of prior service claimed under this section shall conform to applicable administrative rules and procedures of the Teachers’ Retirement System. Members shall receive credit for the prior service when they remit to the system the contributions required by subsection (b). No member shall receive credit for any service that the member is already credited within the system or any other public retirement plan, with the exception of the federal Social Security program.

(b) Any member who is eligible to purchase service credit pursuant to subsection (a) shall pay to the Secretary-Treasurer of the system, within one year from April 26, 2002, for the claimed service, the full actuarially determined cost for each year of claimed service as determined by the system’s actuary.

(Act 2002-504, p. 1305, §2.)

§ 16-25-14 Retirement of Members; Benefits Generally

(a)(1) Any Tier I plan member who withdraws from service upon or after attainment of age 60 and any Tier II plan member who withdraws from service upon or after attainment of age 62, or in the case of a Tier II plan member who is a correctional officer, firefighter, or law enforcement officer as defined in Section 36-27-59, who withdraws from service upon or after attainment of age 56 with at least 10 years of creditable service as a correctional officer, firefighter, or law enforcement officer may retire upon written application to the Board of Control setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he or she desires to be retired; provided, that any such member who became a member on or after October 1, 1963, shall have completed 10 or more years of creditable service.

(2) Any Tier I plan member who has attained age 60 and any Tier II plan member who has attained age 62, or in the case of a Tier II plan member who is a correctional officer, firefighter, or law enforcement officer as defined in Section 36-27-59, who has attained age 56 with at least 10 years of creditable service as a correctional officer, firefighter, or law enforcement officer and has previously withdrawn from service may retire upon written application to the Board of Control setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he or she desires to be retired; provided, that the member shall have completed at the time for his or her withdrawal from service the requirements established by the Board of Control for eligibility for deferred benefits pursuant to Section 16-25-3.

(3) Any person who is presently covered or is eligible to be covered under the Employees’ Retirement System of Alabama or the Teachers’ Retirement System of Alabama and who, prior to the coverage or eligibility for coverage, served as head of any Alabama county’s public library service department shall have credited to him or her one year of creditable service for each year served as such head, not to exceed 12 years; provided, that the person shall pay into the retirement system the employee’s part of the cost or contribution based on the salary paid to the person during the time of his or her service in the above capacity, with the cost or contribution to be calculated at the percent or rate in effect on October 1, 1973.

(4) Any Tier I plan member of the Teachers’ Retirement System of Alabama who withdraws from service after the completion of at least 25 years of creditable service, or any Tier II plan member who withdraws from service after the completion of at least 30 years of creditable service, may retire upon written application to the Board of Control of the Teachers’ Retirement System setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he or she desires to be retired; provided, that any such member who became a Tier I or Tier II plan member on or after October 1, 1963, shall have completed 10 or more years of creditable service.

(b) Upon retirement from service, a Tier I plan member shall receive a service retirement allowance which shall consist of:

(1) An annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of his or her retirement;

(2) A pension which shall be equal to the annuity allowable at the age of retirement, but not to exceed an annuity allowable at age 65 computed on the basis of contributions made prior to the attainment of age 65; and

(3) If he or she has a prior service certificate in full force and effect, an additional pension which shall be equal to the annuity which would have been provided at age of retirement, but not to exceed an annuity allowable at age 65 by twice the contributions which he or she would have made during the period of prior service with which he or she is credited had the system been in operation and had he or she contributed thereunder. In lieu of a determination of the actual compensation of the members that was received during that prior service, the Board of Control may use for the purposes of this chapter the compensation rates which, if they had progressed with the rates of salary increase shown in the tables as prescribed in subsection (o) of Section 16-25-19, would have resulted in the same average salary of the member for the five years immediately preceding the date of establishment as the records show the member actually received.

(c) The annual service retirement pension payable to a Tier I plan member retiring on or after October 1, 1975, shall not be less than an amount which when added to his or her annuity is equal to the greater of the following two amounts:

(1) Two and one-eightieth percent of the member’s average final compensation multiplied by the number of years of his or her creditable service; or

(2) If he or she became a member before October 1, 1971, seventy-two dollars ($72) multiplied by the number of years of his or her creditable service not in excess of 25 years.

Notwithstanding, a member who retired prior to October 1, 1971, under service retirement shall receive one hundred twenty dollars ($120) multiplied by the number of years of his or her creditable service not in excess of 25 years.

(d) Upon retirement from service, a Tier II plan member shall receive a service retirement allowance which shall consist of an annuity which shall be the actuarial equivalent of the member’s accumulated contributions at the time of retirement and a pension which, when added to the member’s annuity, shall be equal to one and sixty-five hundredths percent (1.65%) of the member’s average final compensation multiplied by the number of years of creditable service. The service retirement allowance for a member who retires with 30 years of creditable service before reaching the age of 62 shall be reduced by two percent (2%) for each year of the difference between age 62 and the age at retirement of the member. Notwithstanding the foregoing, the service retirement allowance shall not exceed eighty percent (80%) of the member’s average final compensation.

(e) Upon the application of a Tier I plan member in service or of his or her employer, any member who has had 10 or more years of creditable service may be retired by the Board of Control on a disability retirement allowance not less than 30 nor more than 90 days next following the date of filing the application; provided, that the medical board, after a medical examination of the member, shall certify that the member is mentally or physically incapacitated for further performance of duty, that the incapacity is likely to be permanent, and that the member should be retired. Upon the application of a Tier II plan member in service or of his or her employer, any member who has had 10 or more years of creditable service may be retired by the Board of Control on a disability retirement allowance not less than 30 nor more than 90 days next following the date of filing the application; provided, that the medical board, after a medical examination of the member, shall certify that the member is totally and permanently mentally or physically incapacitated from regular and substantial gainful employment, and that the member should be retired.

(f) Upon retirement for disability, a Tier I plan member shall receive a service retirement allowance if he or she has attained age 60 or if any law or part of any law pertaining to retirement under the Teachers’ Retirement System of Alabama provides for service retirement after the completion of 25 years of creditable service and the member has completed 25 years of creditable service; otherwise, he or she shall receive a disability retirement allowance which shall consist of:

(1) An annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of retirement; and

(2) A pension which shall be equal to the pension that would have been payable under subdivisions (2) and (3) of subsection (b) of this section upon service retirement at age 60 had the member continued in service to that age without change in compensation.

The annual disability retirement pension shall not be less than an amount which when added to his or her annuity is equal to the greater of the following amounts:

a. Two and one-eightieth percent of the member’s average final compensation multiplied by the number of years of creditable service.

b. If he or she became a member before October 1, 1971, fifty-four dollars ($54) multiplied by the number of years of his or her creditable service not in excess of 25 years.

Notwithstanding, a member who retired prior to October 1, 1971, for disability shall receive ninety dollars ($90) multiplied by the number of years of his or her creditable service not in excess of 25 years.

(g) Upon retirement for disability, a Tier II plan member shall receive a service retirement allowance if the member has attained age 62, or in the case of a Tier II plan member who is a correctional officer, firefighter, or law enforcement officer as defined in Section 36-27-59, if the member has attained age 56 with at least 10 years of creditable service as a correctional officer, firefighter, or law enforcement officer or if the member has completed 30 years of creditable service, otherwise, the member shall receive a disability retirement allowance which shall be equal to one and sixty-five hundredths percent (1.65%) of the member’s average final compensation multiplied by the number of years of creditable service.

(h)(1) Once each year during the first five years following the retirement of a member on a disability retirement allowance and once in every three-year period thereafter, the Board of Control may and upon his or her application shall require any disability beneficiary who has not yet attained age 60 for a Tier I plan member or age 62 for a Tier II plan member to undergo a medical examination, the examination to be made at the place of residence of the beneficiary or other place mutually agreed upon by a physician of or designated by the medical board. Should any disability beneficiary who has not yet attained age 60 for a Tier I plan member or age 62 for a Tier II plan member refuse to submit to the medical examination, his or her pension may be discontinued until his or her withdrawal of the refusal, and should his or her refusal continue for one year, all his or her rights in and to his or her pension may be revoked by the Board of Control; provided, that these requirements relative to the medical examination shall not apply in the case of a Tier II plan member who is a correctional officer, firefighter, or law enforcement officer as defined in Section 36-27-59 retired for disability and who has attained age 56 with at least 10 years of creditable service as a correctional officer, firefighter, or law enforcement officer.

(2) Should the medical board report and certify to the Board of Control that a disability beneficiary who is a Tier I plan member is engaged in or is able to engage in a gainful occupation paying more than the difference between his or her retirement allowance and his average final compensation and should the Board of Control concur in the report, then the amount of his or her pension shall be reduced to an amount which, together with his or her annuity and the amount earnable by him or her, shall equal the amount of his or her average final compensation. Should his or her earning capacity be later changed, the amount of his or her pension may be further modified; provided, that the new pension shall not exceed the amount of the pension originally granted nor an amount which, when added to the amount earnable by the beneficiary together with his or her annuity, equals the amount of his or her average final compensation.

(3) Should the medical board report and certify to the Board of Control that a disability beneficiary who is a Tier II plan member has the capacity to engage in regular and substantial gainful employment, the Board of Control shall discontinue the beneficiary’s retirement allowance until the beneficiary is otherwise eligible for service retirement.

(i)(1) Should a member cease to be a teacher, except by death or by retirement under the provisions of this chapter, the contributions standing to the credit of his or her individual account in the Annuity Savings Fund shall be paid to him or her upon demand, and in addition to the payment there shall be paid five-tenths of the interest accumulations standing to the credit of his or her individual account if he or she shall have not less than three but less than 16 years of membership service, six-tenths of the interest accumulations if he or she shall have not less than 16 but less than 21 years of membership service, seven-tenths of the interest accumulations if he or she shall have not less than 21 but less than 26 years of membership service, and eight-tenths of the interest accumulations if he or she shall have not less than 26 years of membership service.

(2) In case of the death of a member eligible for service retirement pursuant to subsection (a) of this section, an allowance shall be paid to the surviving spouse, if designated as the sole beneficiary, in an amount that would have been payable if the member had retired immediately prior to his or her death and had elected Option 2, as set forth in subsection (j), or to such other person who the member shall have designated, in an amount that would have been payable if the member had retired immediately prior to his or her death and had elected Option 3, as set forth in subsection (j). Alternatively, if the surviving spouse or other designee desires, he or she may choose to receive, in lieu of the allowance provided under Option 2 or Option 3, the accumulated contributions of the member plus an amount equal to the accumulated contributions of the member not to exceed five thousand dollars ($5,000) or the accumulated contributions of the member plus the benefit provided by Section 36-27B-3 if a benefit is payable under that section. For purposes of this subsection only, hazardous duty time, as set forth in subdivision (b)(1) of Section 36-27-59, may be used in calculating the requisite years of service for firefighters, law enforcement officers, and correctional officers even if the member has not otherwise attained 25 years of creditable service.

(3) Upon the death of a member on account of whom no survivor allowance is payable under subdivision (2) of this subsection, the accumulated contributions of the member plus an amount equal to the accumulated contributions not to exceed five thousand dollars ($5,000) or the accumulated contributions of the member plus the benefit provided by Section 36-27B-3 if a benefit is payable under that section shall be paid to his or her estate or to such person as he or she shall have nominated by written designation duly executed and filed with the Board of Control.

(j) With the provision the election of an option shall be effective on the effective date of retirement, any member may elect prior to retirement to receive, in lieu of his or her retirement allowance payable throughout life, the actuarial equivalent at that time of his or her retirement allowance in a reduced retirement allowance payable throughout life with the provision that:

(1) OPTION 1. If he or she dies before he or she has received in annuity payments the present value of his or her annuity as it was at the time of his or her retirement, the balance shall be paid to his or her legal representatives or to the person as he or she shall nominate by written designation duly acknowledged and filed with the Board of Control;

(2) OPTION 2. Upon his or her death, his or her reduced retirement allowance shall be continued throughout the life of and paid to the person as he or she shall nominate by written designation duly acknowledged and filed with the Board of Control at the time of his or her retirement;

(3) OPTION 3. Upon his or her death, one half of his or her reduced retirement allowance shall be continued throughout the life of and paid to the person as he or she shall nominate by written designation duly acknowledged and filed with the Board of Control at the time of his or her retirement; or

(4) OPTION 4. Some other benefit or benefits shall be paid either to the member or to the person or persons as he or she shall nominate; provided, that the other benefit or benefits, together with the reduced retirement allowance, shall be certified by the actuary to be of equivalent actuarial value to his or her retirement allowance and shall be approved by the Board of Control.

(5) OPTION 5. At the time of retirement, he or she shall receive a partial lump sum distribution as a single payment not to exceed the sum of 24 months of the maximum monthly retirement allowance the member could receive. This option may be elected in addition to the election of another option under this subsection and the further reduced monthly retirement allowance shall be calculated in accordance with the selected option. This option shall not be available to a member who is receiving a disability retirement.

(k) Should any beneficiary be restored to active service, his or her retirement allowance shall be suspended until he or she again withdraws from service and, he or she shall not again become a member, nor shall he or she make contributions; except, that should the beneficiary who has been restored to active service continue in service for a period of two or more years from the date of his or her reentry into active service, he or she may request the Board of Control to allow him or her to again become a member of the retirement system. The Board of Control may grant the request for restoration to membership; provided, that the beneficiary whose retirement allowance has been suspended shall repay to the system all monies received by him or her as benefits during any period subsequent to the date of his or her reentry into active service; provided further, that he or she shall make a contribution equal to the amount he or she would have contributed had he or she been a member during the period of his or her restoration to active service on a suspended allowance basis, together with the interest which would have been credited to the contributions on account of the period of restoration up to the date the contribution is made.

(l)(1) All retirement allowance payments due on or after October 1, 1975, to members who retired prior to October 1, 1975, shall be redetermined as if the provisions of subsections (b) and (e) of this section which became effective on said date were in effect at the time the member retired; provided, that the annual retirement allowance of any member who retired on or before January 1, 1956, shall be not less than one hundred thirty-two dollars ($132) multiplied by the number of years of his or her creditable service not in excess of 30 years in the case of service retirement or ninety-nine dollars ($99) multiplied by the number of years of creditable service not in excess of 30 years in the case of disability retirements. Any increase provided in the retirement allowance payment under this subsection for a member who retired under the provisions of any optional benefit elected pursuant to subsection (j) of this section shall accrue only to the retired member, and no person designated to receive any payments after the death of a retired member under the provisions of any optional benefit shall receive any increase in payments under this subsection.

(2) Any person who served at least 30 years as a teacher in the public schools of Alabama and was never a member of the system and who, prior to October 1, 1963, was in receipt of a benefit for old age assistance pursuant to subsections (1) and (2) of Section 1 of Act 116, approved August 24, 1959, shall be entitled to receive an annual retirement allowance of three thousand nine hundred sixty dollars ($3,960) from the system, effective as of October 1, 1973.

(3) Prior to October 31, 1975, any beneficiary may elect to leave on deposit with the system all or a specified part of any increase in his or her monthly retirement allowance payments arising in accordance with subdivision (1) or (2) of this subsection. The portion of each monthly payment left in the system in accordance with the election shall be credited, together with regular interest thereon, to the individual account of the beneficiary. Upon the death of the beneficiary, the total amount standing to his or her credit, including regular interest to the date of death, shall be paid in a lump sum to his or her legal representative or to the person as he or she shall have nominated by written designation duly acknowledged and filed with the Board of Control.

(m) Notwithstanding any other provisions of this section to the contrary, when a designated beneficiary for a member predeceases the member who is receiving a monthly benefit allowance provided under Option 2, 3, or 4, the member may designate a replacement beneficiary for the deceased beneficiary to become effective two years after the date of designation of the replacement beneficiary and an actuarial adjustment in the monthly benefit allowance of the member to cover any cost associated with designating a replacement beneficiary shall be reflected thereafter in the monthly benefit allowance received by the member, commencing with the first benefit allowance check received by the member following the date of designation of the replacement beneficiary.

(n) Notwithstanding any provision of this section to the contrary, if a retired member who is receiving a monthly benefit allowance provided under Option 2, 3, or 4 divorces his or her designated beneficiary, the member may designate a replacement beneficiary for the beneficiary to become effective two years after the date of designation of the replacement beneficiary and an actuarial adjustment in the monthly benefit allowance of the member to cover any cost associated with designating a replacement beneficiary shall be reflected thereafter in the monthly benefit allowance received by the member, commencing with the first benefit allowance check received by the member following the date of designation of the replacement beneficiary.

(o) Any future act to increase the retirement age for Tier II plan members above the age of 62 shall require a two-thirds vote of the elected membership of each house of the Legislature.

(Acts 1939, No. 419, p. 559, §5; Code 1940, T. 52, §366; Acts 1943, No. 61, p. 35, §4; Acts 1947, No. 637, p. 486, §1; Acts 1953, No. 41, p. 44, §3; Acts 1955, 1st Ex. Sess., No. 61, p. 90, §1; Acts 1955, No. 489, p. 1101, §1; Acts 1959, 2nd Ex. Sess., No. 117, p. 358, §2; Acts 1961, Ex. Sess., No. 214, p. 2214, §1; Acts 1963, 1st Ex. Sess., No. 43, p. 126, §4; Acts 1965, 1st Ex. Sess., No. 102, p. 118, §1; Acts 1966, Ex. Sess., No. 274, p. 413, §1; Acts 1967, No. 511, p. 1226, §1; Acts 1969, Ex. Sess., No. 26, p. 62, §1; Acts 1971, 2nd Ex. Sess., No. 4, p. 4127, §1; Acts 1973, No. 808, p. 1225, §1; Acts 1975, No. 1104, p. 2179, §1; Acts 1975, No. 1106, p. 2185, §1; Acts 1983, 2nd Ex. Sess., No. 83-160, p. 329, §1; Acts 1985, No. 85-208, p. 78, §1; Acts 1987, No. 87-253, §1; Acts 1988, No. 88-548, p. 849, §§1, 3; Acts 1989, No. 89-525, p. 1074, §1; Acts 1989, No. 89-640, p. 1252, §1; Acts 1993, No. 93-619, p. 1023, §3; Acts 1995, No. 95-216, p. 353, §1; Act 98-385, p. 732, §4; Act 2000-454, p. 818, §1; Act 2012-377, p. 944, §§1, 2; Act 2019-316, §1; Act 2019-221, §1; Act 2021-270, §1; Act 2022-184, §1; Act 2022-222, §1.)

§ 16-25-15 Increase in Benefits - Ten Percent

(a) On or after October 1, 1969, there is hereby provided to any teacher who was receiving a retirement allowance from the Teachers’ Retirement System of Alabama and who was retired prior to October 1, 1969, an increase in his or her maximum retirement allowance in the amount of 10 percent, excluding those whose monthly retirement allowance is as much as $400.00 and that such increase shall be limited so as to provide not to exceed a maximum retirement allowance of $400.00 per month.

(b) The Board of Control of the Teachers’ Retirement System shall administer all the benefits provided by this section under such rules and regulations as the said Board of Control may adopt not inconsistent herewith.

(c) The Board of Control of the Teachers’ Retirement System shall determine annually the amount required to pay the cost of the benefits provided in this section and shall notify the chief fiscal officer of each employer the percentum rate of earnable compensation of the members required to be paid the retirement system. Each employer of members of the Teachers’ Retirement System of Alabama shall pay on account of the increases provided in this section in the same manner and from the same source of funds as is provided in Section 16-25-21, it being the intent of the Legislature that the costs of providing the increases provided in this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

(Acts 1969, Ex. Sess., No. 23, p. 54, §§1-3; Acts 1995, No. 95-538, p. 1100, §2.)

§ 16-25-16 Increase in Benefits - Additional Five Percent

(a) On or after October 1, 1971, there is hereby provided to any teacher who was receiving an increased retirement allowance under the provisions of Section 16-25-15 an increase in his or her retirement allowance by an amount of up to five percent, excluding that part of five percent provided by any other legislation in 1971; and in addition thereto, to any teacher who has retired since October 1, 1969 to September 30, 1971, inclusive, and who was receiving a retirement allowance, an increase in his or her retirement allowance by an amount of up to five percent, excluding that part of five percent provided by any other legislation in 1971.

(b) The Board of Control of the Teachers’ Retirement System shall administer all the benefits provided by this section under such rules and regulations as the said Board of Control may adopt, not inconsistent herewith.

(c) The Board of Control of the Teachers’ Retirement System shall determine annually the amount required to pay the cost of the benefits provided in this section and shall notify the chief fiscal officer of each employer the percentum rate of earnable compensation of the members required to be paid the retirement system. Each employer of members of the Teachers’ Retirement System of Alabama shall pay on account of the increases provided in this section in the same manner and from the same source of funds as is provided in Section 16-25-21, it being the intent of the Legislature that the costs of providing the increases provided in this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

(Acts 1971, No. 2289, p. 3690, §§1-3; Acts 1995, No. 95-538, p. 1100, §3.)

§ 16-25-17 Increase in Benefits - Cost-of- Living Increase for Certain Persons

(a) There is hereby created a cost-of-living increase, not to exceed 15 percent in any case, which shall be applied to the benefit of any retired teacher or any teacher who retires after October 1, 1975, whose retirement benefit, when calculated upon the 2.0125 percent factor, does not result in a benefit increase of 15 percent as compared to the benefit to which such retired member was entitled to receive prior to the implementation of the 2.0125 percent formula factor provided for in Section 16-25-14 and this section.

(b) Any person described in subsection (a) of this section shall be entitled to receive an amount which, when added to the benefit he is entitled to receive after the implementation of the 2.0125 percent formula factor, shall be sufficient to equal an increase of 15 percent above the benefit which such person was entitled to receive prior to the implementation of the 2.0125 percent formula factor provided for in Section 16-25-14 and this section.

(c) Anything in this section to the contrary notwithstanding, if, as of October 1, 1975, the minimum guaranteed annual pension payable to any person who became a member of the Teachers’ Retirement System of Alabama prior to October 1, 1971, shall not be less than an amount which when added to his annuity is equal to $120.00 multiplied by the number of years of the member’s creditable service not in excess of 25 years, in the case of service retirements, and $90.00 multiplied by the number of years of his creditable service not in excess of 25 years, in the case of disability retirements, then such minimum guaranteed annual pension shall be deemed to be the benefit such member was entitled to receive prior to the implementation of the 2.0125 percent formula factor provided for in Section 16-25-14 and this section.

(Acts 1975, No. 1107, p. 2193, §§1-3.)

§ 16-25-18 Redetermination of Allowances of Certain Retired Members

(a) Any member who retired prior to October 1, 1975 and who has served in the armed services, as described in Section 16-25-3, shall be entitled to claim such full-time military service and to have all retirement allowances due on or after October 1, 1975 redetermined as if the provisions of said section, as amended, were in effect at the time such member retired; provided, that such retired member pays into the Teachers’ Retirement System, in a lump sum prior to October 1, 1976, an amount equal to four percent of the average compensation which was paid to a teacher during each claimed year of full-time military service, plus and together therewith, eight percent interest compounded from the last date of such claimed military service; provided further, that such retired member shall not receive membership service credit for more than four years of military service and shall receive no credit for military service if such member is receiving military service retirement benefits, other than disability allowances or benefits, from any branch of the armed forces or by reason of any such service in any branch of the armed forces or if such member received anything other than an honorable discharge for and including the claimed military service.

(b) Anything in this chapter to the contrary notwithstanding, no retirement allowance payment shall be redetermined for any pay period prior to such retired member’s full and complete compliance with the provisions of subsection (a) of this section. Any increase provided in the retirement allowance payment under this section for a member who retired under the provisions of any optional benefit elected pursuant to subsection (g) of Section 16-25-14, as amended, or under any other law or part of law pertaining to the Teachers’ Retirement System of Alabama shall accrue only to the retired member, and no person designated to receive any payments after the death of such retired member under the provisions of any such optional benefit shall receive any increase in such payments under this section.

(Acts 1975, No. 1109, p. 2200, §2.)

§ 16-25-19 Administration

(a) The general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this chapter are hereby vested in a board of trustees which shall be known as the Board of Control and shall be organized immediately after a majority of the trustees provided for in this section shall have qualified and taken the oath of office.

(b) The board shall consist of 15 trustees as follows:

(1) The State Superintendent of Education, ex officio.

(2) The State Treasurer, ex officio.

(3) The state Director of Finance, ex officio.

(4) Twelve elected members of the retirement system. Those 12 members shall consist of representatives elected from each of the following categories: two shall be retired members, one shall be a city or county superintendent, one shall be a principal, one shall be a member from an institution of postsecondary education that is part of the Alabama Community College System, two shall be members from a public four-year institution of higher education, three shall be teachers who are actively instructing students in grades K-12, and two shall be educational support personnel from a grade K-12 school. Each of the elected members shall be elected only by members from the same category of the retirement system. The 12 elected members shall be elected in a statewide election conducted by a third party entity that is not a participant of or affiliated with the Teachers’ Retirement System. All such elections shall be conducted in accordance with accepted principles of fair election practices. The third party entity shall be responsible for the distribution and collection of ballots and tallying election results. Other aspects of the election shall be handled pursuant to such rules and regulations as the Board of Control may adopt to assure that members will be eligible to vote for the applicable elected position as follows:

a. Teacher Place #1 for a term of three years beginning July 1, 1974.

b. Teacher Place #2 for a term of three years beginning July 1, 1974.

c. Teacher Place #3 for a term of two years beginning July 1, 1974.

d. Educational Support Personnel Place #1 for a term of three years beginning July 1, 1986.

e. Educational Support Personnel Place #2 for a term of two years beginning July 1, 1986.

f. Retired Place #1 for a term of three years beginning July 1, 1974.

g. Retired Place #2 for a term of three years beginning July 1, 1987.

h. Superintendents’ Place for a term of two years beginning July 1, 1976.

i. Principals’ Place for a term of three years beginning July 1, 1976.

j. Postsecondary Place for a term of three years beginning July 1, 2016, to be filled by the member elected from an institution of postsecondary education that is part of the Alabama Community College System.

k. Higher Education Place #1 for a term of three years beginning July 1, 2013, to be filled by a member elected from a public four-year institution of higher education.

l. Higher Education Place #2 for a term of three years beginning July 1, 2015, to be filled by a member elected from a public four-year institution of higher education. This higher education position shall replace the Educational Support Personnel Place #2 at the conclusion of the incumbent’s term June 30, 2015.

Thereafter each member according to place number shall be elected for three-year terms, according to such rules and regulations as the Board of Control shall adopt to govern such elections. The terms of these officers shall begin after they have qualified and taken the oath of office.

(c) The Board of Control of the Teachers’ Retirement System shall provide for annual elections to fill the position of any trustee whose term has expired.

(d) If a vacancy occurs in the office of a trustee, the vacancy shall be filled for the remainder of the unexpired term through appointment by the Governor.

(e) The trustees shall serve without compensation for their services as trustees, but they shall be reimbursed from the expense fund for all necessary expenses that they may incur through service on the Board of Control.

(f) Each trustee shall, within 10 days after his or her appointment or election, take an oath of office that, so far as it devolves upon the trustee, the trustee will diligently and honestly administer the affairs of the Board of Control and will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to the retirement system. Such oath shall be subscribed to by the member making it, certified by the officer before whom it is taken and immediately filed in the office of the Secretary of State.

(g) Each trustee shall be entitled to one vote in the Board of Control. Eight votes shall be necessary for a decision by the trustees at any meeting of the board. In case of a tied vote the decision shall fail.

(h) Subject to the limitations of this chapter, the Board of Control shall from time to time establish rules and regulations for the administration of the funds created by this chapter and for the transaction of its business.

(i) The Board of Control shall elect from its membership a chairman and by a majority vote of all the members shall elect a Secretary-Treasurer, who shall serve as chief executive officer of the retirement system. In addition thereto, the Board of Control may engage such actuarial and administrative officers and other special services as shall be deemed necessary to transact the business of the retirement system. The compensation and expenses of these actuarial and administrative officers and other special services shall be paid at such rates and in such amounts as the Board of Control shall approve. All other employees not in these categories of employment shall be employed under the provisions of the Merit System Act.

(j) The Board of Control shall keep in convenient form such data as shall be necessary for actuarial valuation of the various funds of the retirement system and for checking the experience of the system.

(k) The Board of Control shall keep a record of all its proceedings which shall be open to public inspection. It shall publish annually a report showing the fiscal transactions of the retirement system for the preceding school year, the amount of the accumulated cash and securities of the system and the last balance sheet showing the financial condition of the system by means of an actuarial valuation of the assets and liabilities of the retirement system.

(l) The Attorney General of the state shall be the legal adviser of the Board of Control.

(m) The Board of Control shall designate a medical board to be composed of three physicians not eligible to participate in the retirement system. If required, other physicians may be employed to report on special cases. The medical board shall arrange for and pass upon all medical examinations required under this chapter, shall investigate all essential statements and certificates by or on behalf of a member in connection with an application for disability retirement and shall report in writing to the Board of Control its conclusions and recommendations upon all matters referred to it.

(n) The Board of Control shall designate an actuary who shall be the technical adviser of the Board of Control on matters regarding the operation of the funds created by the provisions of this chapter and who shall perform such other duties as are required in connection therewith.

(o) Immediately after the establishment of the retirement system, the actuary shall make such investigation of the mortality, service and compensation experience of the members of the system as he shall recommend and the Board of Control shall authorize, and on the basis of such investigation he shall recommend for adoption by the Board of Control such tables and such rates as are required in subdivisions (1) and (2) of subsection (p) of this section. The Board of Control shall adopt tables and certify rates; and, as soon as practicable thereafter, the actuary shall make a valuation based on such tables and rates, of the assets and liabilities of the funds created by this chapter.

(p) In the year 1943, and at least once in each five-year period thereafter, the actuary shall make an actuarial investigation into the mortality, service, and compensation experience of the members and beneficiaries of the retirement system and shall make a valuation of the assets and liabilities of the funds of the system; and, taking into account the results of such investigation and valuation, the Board of Control shall:

(1) Adopt for the retirement system such mortality, service, and other tables as shall be deemed necessary; and

(2) Certify the rates of contributions payable by the state under the provisions of this chapter.

(q) On the basis of such tables as the Board of Control shall adopt, the actuary shall make an annual valuation of the assets and liabilities of the funds of the system created by this chapter.

(Acts 1939, No. 419, p. 559, §6; Code 1940, T. 52, §367; Acts 1943, No. 61, p. 35, §5; Acts 1953, No. 787, p. 1074, §1; Acts 1973, No. 810, p. 1232, §1; Acts 1975, No. 1105, p. 2181, §1; Acts 1985, No. 85-519, p. 613, §2; Acts 1986, No. 86-527, p. 1020, §1; Act 2013-239, p. 572, §1.)

§ 16-25-20 Management of Funds

(a)(1) The Board of Control shall be the trustees of the several funds of the Teachers’ Retirement System created by this chapter as provided in Section 16-25-21, and shall have full power to invest and reinvest the funds, through its Secretary-Treasurer, in the classes of bonds, mortgages, common and preferred stocks, shares of investment companies or mutual funds, or other investments as the Board of Control may approve, with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with the matters would use in the conduct of an enterprise of a like character and with like aims; and, subject to like terms, conditions, limitations, and restrictions, the Board of Control, through its Secretary-Treasurer, shall have full power to hold, purchase, sell, assign, transfer, and dispose of any investments in which the funds created herein shall have been invested, as well as the proceeds of the investments and any moneys belonging to the funds.

(2) The Secretary-Treasurer shall have the authority and it shall be his or her duty to carry out the investment policies fixed by the Board of Control, and pursuant thereto he or she shall examine all offers of investments made to the funds, shall initiate inquiries as to available investments therefor, shall review periodically the investment quality and desirability of retention of investments held, and shall make purchases and sales of investments as he or she shall deem to the best interests of the funds and as the investment committee hereinafter provided for, and as the consultant to the Secretary-Treasurer, if any, appointed by the Board of Control hereunder, to the extent of the purpose for which it is appointed, shall approve. The Teachers’ Retirement System shall have full authority to employ its own legal counsel and to conduct and control any litigation in which it is involved through such counsel.

(3) The Board of Control shall elect an investment committee which shall consist of three members of the board, one of whom shall be the Director of Finance. The investment committee shall act as agent for the board and shall consider all investment recommendations made by the Secretary-Treasurer and shall either approve or disapprove the same in accordance with policies set by the board. The investment committee may act through the affirmative vote of any two of its members. Approvals may be secured informally in advance but shall in any event be confirmed by written authorization to be attached to the invoice of the transaction.

(4) The Board of Control may appoint and employ as consultant to the Secretary-Treasurer, in the purchase, sale, and review of investments of the funds, to the extent the board may designate, a bank having its principal office in the State of Alabama, having capital, surplus, and undivided profits of not less than three hundred million dollars ($300,000,000), and having an organized investment department. The bank so appointed shall not sell securities to the retirement system, other than United States government securities, or repurchase agreements for which no commission shall be charged.

(5) The Secretary-Treasurer shall report to the Board of Control all purchases and sales of investments made by him or her pursuant hereto at least once semiannually.

(b) The Board of Control shall allow annually regular interest on the mean amount for the preceding year in each of the funds, with the exception of the Expense Fund. The amounts so allowed shall be due and payable to the funds and shall be credited annually thereto by the Board of Control from interest and other earnings on the moneys of the retirement system. Any additional amount required to meet the interest on the funds of the retirement system shall be paid from the Pension Accumulation Fund, and any excess of earnings over the amount required shall be paid to the Pension Accumulation Fund. Regular interest shall mean the percent rate or rates to be compounded annually as shall be set by the Board of Control, the rate or rates to be limited to a minimum of three percent and a maximum of four and three-fourths percent.

(c) Moneys accruing to the Annuity Savings Fund, the Annuity Reserve Fund, the Pension Accumulation Fund, and the Pension Reserve Funds shall be certified by the Secretary-Treasurer for deposit in the State Treasury to the credit of the Teachers’ Retirement System. All moneys provided in accordance with this chapter for administrative expense shall be certified for deposit in the State Treasury to the credit of the Teachers’ Retirement System Expense Fund. All payments from the funds shall be made by the State Treasurer on warrants drawn by the state Comptroller upon vouchers signed by two persons designated by the Board of Control. A duly attested copy of a resolution of the Board of Control designating the persons and bearing on its face specimen signatures of the persons shall be filed with the state Comptroller as his or her authority for drawing warrants upon the vouchers.

(d) Except as otherwise herein provided, no member of the Board of Control and no employee of the board shall have any direct interest in the gains or profits of any investment made by the board, nor as such receive any pay or emolument for his or her services. No member or employee of the Board of Control shall, directly or indirectly, for himself or herself or as an agent, in any manner use the same, except to make the current and necessary payments as are authorized by the board; nor shall any member or employee of the Board of Control become an endorser or surety or in any manner an obligor for moneys loaned or borrowed from the board.

(Acts 1939, No. 419, p. 559, §7; Code 1940, T. 52, §368; Acts 1943, No. 61, p. 35, §6; Acts 1945, No. 212, p. 336, §2; Acts 1953, No. 787, p. 1074, §2; Acts 1955, No. 280, p. 630, §1; Acts 1963, 1st Ex. Sess., No. 43, p. 126, §5; Acts 1971, 2nd Ex. Sess., No. 4, p. 4127, §2; Acts 1993, No. 93-619, p. 1023, §2; Acts 1995, No. 95-203, p. 313, §3.)

§ 16-25-21 Method of Financing

Effective October 1, 1997, all the assets of the retirement system shall be credited according to the purpose for which they are held among three funds, namely: The Annuity Savings Fund, the Pension Accumulation Fund, and the Expense Fund. The operation of the former Pension Reserve Fund and the Annuity Reserve Fund shall be discontinued as of such date, the balance of the former Pension Reserve Fund shall be transferred to the Pension Accumulation Fund, and the balance of the former Annuity Reserve Fund shall be transferred to the Pension Accumulation Fund.

(1) The Annuity Savings Fund shall be a fund in which shall be accumulated contributions from the compensation of members to provide for their annuities. Contributions to and payments from the Annuity Savings Fund shall be made as follows:

a. Each employer shall cause to be deducted from the salary of each member on each and every payroll of such employer for each and every payroll period five percent of his or her earnable compensation. For all pay dates beginning on or after October 1, 2011, each employer shall cause to be deducted from the salary of each member on each and every payroll of such employer for each and every payroll period seven and one-quarter percent (7.25%) of his or her earnable compensation. For all pay dates beginning on or after October 1, 2012, each employer shall cause to be deducted from the salary of each Tier I plan member on each and every payroll of such employer for each and every payroll period seven and one-half percent (7.5%) of his or her earnable compensation. For all pay dates beginning on or after January 1, 2013, each employer shall cause to be deducted from the salary of each Tier II plan member on each and every payroll period six percent (6%) of his or her earnable compensation; except in the case of a Tier II plan member who is a correctional officer, firefighter, or law enforcement officer as defined in Section 36-27-59, the rate of seven percent (7%) shall apply. For all pay dates beginning on or after October 1, 2021, each employer shall cause to be deducted from the salary of each Tier II plan member on each and every payroll period six and two-tenths percent (6.2%) of his or her earnable compensation; except in the case of a Tier II plan member who is a correctional officer, firefighter, or law enforcement officer as defined in Section 36-27-59, the rate of seven and two-tenths percent (7.2%) shall apply. In determining the amount earnable by a member in a payroll period, the Board of Control may consider the rate of annual compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period, and it may omit deductions from compensation for any period less than a full payroll period if a teacher was not a member on the first day of the payroll period, and to facilitate the making of deductions it may modify the deduction required of any member by such an amount as shall not exceed one tenth of one percent of the annual compensation upon the basis of which such deduction is to be made.

b. The deductions provided for herein shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deduction made and provided for herein and shall receive for his or her full salary or compensation, and payment of salary or compensation less such deduction shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the service rendered by such person during the period covered by such payment, except as to the benefits provided under this chapter. The employer shall certify to the Board of Control on each and every payroll or in such other manner as the board may prescribe the amount to be deducted; and each of the amounts shall be deducted, and when deducted shall be paid into the Annuity Savings Fund and shall be credited, together with regular interest thereon, to the individual account of the member from whose compensation the deduction was made.

c. In addition to the contributions deducted from compensation as hereinbefore provided, subject to the approval of the Board of Control, any member may deposit in the Annuity Savings Fund by a single payment or by an increased rate of contribution an amount computed to be sufficient to purchase an additional annuity which, together with his or her prospective retirement allowance, will provide for him or her a total retirement allowance not to exceed one half of his or her average final compensation at age 60. Such additional amounts so deposited shall become a part of his or her accumulated contributions except in the case of retirement, when they shall be treated as excess contributions returnable to the member in cash or as an annuity of equivalent actuarial value and shall not be considered in computing his or her pension. The contributions and interest credits of a member withdrawn by him or her, or paid to his or her estate or to his or her designated beneficiary in event of his or her death, shall be paid from the Annuity Savings Fund. Should a member cease to be a member other than by retirement under the provisions of this title, an amount equivalent to the difference, if any, between his or her accumulated contributions and the amount then paid shall be transferred to the Expense Fund. Upon the retirement of a member or the death of an eligible member where an allowance to the surviving spouse is payable, his or her accumulated contributions shall be transferred from the Annuity Savings Fund to the Pension Accumulation Fund.

d. Notwithstanding the preceding provisions, no deductions shall be made from any member’s salary on account of which the employer’s contribution is in default.

(2) The Pension Accumulation Fund shall be the fund in which shall be accumulated all reserves, other than amounts held in the Annuity Savings Fund for the payment of all pensions and other benefits. Contributions to and payments from the Pension Accumulation Fund shall be made as follows:

a. On account of each member there shall be paid monthly by the employer an amount equal to a certain percentage of the earnable compensation of each member to be known as the “normal contribution” and an additional amount equal to a percentage of his or her earnable compensation to be known as the “accrued liability contribution,” and these two amounts shall be paid monthly into the Pension Accumulation Fund. The Teachers’ Retirement System shall recommend to the Legislature on or before the first legislative day of each regular session of the Legislature the rate for the following fiscal year. The Legislature shall set the rate in the annual appropriation bill.

b. On the basis of regular interest and of such mortality and other tables as shall be adopted by the Board of Control, the actuary engaged by the board to make such valuation required by this title shall, immediately after making such valuation, determine the uniform and constant percentage of the earnable compensation of the average new entrant which, if contributed on the basis of his or her compensation throughout his or her entire period of active service, would be sufficient to provide for the payment of any pension payable on his or her account. The rate per centum so determined shall be known as the “normal contribution” rate. The normal contribution rate shall be determined by the actuary after each valuation.

c.1. The accrued liability contribution rate shall be computed by the actuary on the basis of each valuation as the per centum rate of the total annual compensation of all members which is sufficient to liquidate the unfunded accrued liability over a period to be determined by the Board of Control which shall be not less than 10 nor more than 30 years.

2. The unfunded accrued liability shall be computed by the actuary as the total liabilities of the system which are not dischargeable by the assets of the Annuity Savings Fund and the Pension Accumulation Fund and the present value of the aforesaid normal contributions. For purposes of computing the unfunded accrued liability the assets shall be determined as follows:

On June 30, 1997, the assets shall be determined by using the market value of such assets. For subsequent years the value of the assets shall be determined by the system’s actuary using a five year smoothed market value.

d. The total amount payable in each year to the Pension Accumulation Fund shall be not less than the sum of the per centum rates known as the normal contribution rate and the accrued liability contribution rate of the total compensation earnable by all members during the year.

e. All interest and dividends earned on the funds of the retirement system shall be credited to the Pension Accumulation Fund. The amounts needed to allow regular interest on the reserves in the Annuity Savings Fund shall be transferred in accordance with this chapter from the Pension Accumulation Fund. The Board of Control, in its discretion, may transfer to and from the Pension Accumulation Fund the amount of any surplus or deficit which may develop in the Annuity Savings Fund or the Expense Fund.

f. Upon the death of a member on account of whom no survivor allowance is payable under subdivision (2) of subsection (i) of Section 16-25-14, the death benefit as provided in subdivision (2) of subsection (i) of such section equal to the accumulated contributions not to exceed five thousand dollars ($5,000) shall be payable from the Pension Accumulation Fund.

(3) The Expense Fund shall be the fund from which the expenses of the administration of the retirement system shall be paid, exclusive of amounts payable as retirement allowances and as other benefits provided herein. Any amounts credited to the accounts of members withdrawing before retirement and not returnable under subsection (i) of Section 16-25-14 shall be credited to the Expense Fund. Any additional contributions required to meet the expenses of the retirement system shall be made as provided in paragraphs c., d., and e. of subdivision (4) of this section.

(4)a. On or before October 1 of each year, each local board of education, the State Board of Education, the governing boards of the University of Alabama, Auburn University, and the University of Montevallo and the Executive Committee of the Alabama Education Association shall file with the Board of Control of the retirement system a certified statement containing the following information concerning the members of the retirement system employed by such boards for the scholastic year beginning on July first preceding the date: Name, address, monthly salary, annual salary, and such other information as the Board of Control may require. On or before July 31 of each year, each local board of education; the State Board of Education; the governing boards of the University of Alabama, Auburn University, and the University of Montevallo and the Executive Committee of the Alabama Education Association shall file with the Board of Control of the retirement system a certified statement containing the following information concerning members of the retirement system employed by such boards during the scholastic year ending on June 30 preceding the date: Name, address, monthly salary actually paid, total annual salary actually paid, and such other information as the Board of Control may require.

b. The collection of members’ contributions shall be as follows: Each local board of education, the State Board of Education, the governing boards of the University of Alabama, Auburn University, and the University of Montevallo and the Executive Committee of the Alabama Education Association shall cause to be deducted on each and every payroll period subsequent to the date of the establishment of the retirement system the contributions payable by each member as provided in this chapter. Each employer shall transmit monthly, or at such time as the Board of Control shall designate, the total amount so deducted to the Secretary-Treasurer of the Board of Control accompanied by an itemized statement of the contributions of each individual member of the retirement system. The Secretary-Treasurer of the Board of Control after making a record of all such receipts shall transmit the same to the State Treasurer to be held for use according to this chapter. Notwithstanding anything in this section, the Board of Control may modify the form of reports required of employers and may modify the method of collecting the contributions of members so that employers may retain the amounts so deducted and have a corresponding amount deducted from funds otherwise payable to them.

c. The employer’s contributions shall be made from the same funds used to pay salaries based on the employer cost rate determined under paragraph a. of subdivision (2).

d. Where member contributions are made from salaries paid from federal funds, the employer shall pay from federal funds to the Teachers’ Retirement System the amount calculated as a percentage of the salaries of those teachers to be contributed by the employer in accordance with subdivisions (2) and (3) of this section. Such amounts shall be paid at the same time as the member contributions are made to the retirement system. The provisions of this paragraph shall not apply to funds received under the provisions of the Hatch Act of 1887, as amended in 1955, and the McIntyre-Stennis Act (Cooperative Forestry Research Act of 1962) of the Congress of the United States, for the support of agriculturally related research.

e. Where member contributions are made from salaries paid by the Alabama Education Association, the Alabama Education Association shall pay the employer costs calculated as a percentage of the salaries of those employees to be contributed as employer in accordance with subdivisions (2) and (3) of this section. Such amounts shall be paid monthly and at the same time as the member contributions are made to the Teachers’ Retirement System.

f. To the extent that employer cost is collected for any increase in benefits payable to retired employees of local boards of education and state institutions of higher education who are retired under the Employees’ Retirement System, there shall be a transfer of funds from these funds to the Employees’ Retirement System for each year such benefits are payable.

g. Employer cost provided for in this article together with member contributions required under this article shall be paid to the Teachers’ Retirement System on the first day of the month following the month in which the related member salary is earned. Delinquent accounts shall accrue interest at the actuarial assumed investment rate beginning 30 days after the original due date. The member contributions for each member shall be reported to the Teachers’ Retirement System in a format prescribed by the Teachers’ Retirement System.

(Acts 1939, No. 419, p. 559, §8; Code 1940, T. 52, §369; Acts 1943, No. 61, p. 35, §7; Acts 1953, No. 41, p. 44, §4; Acts 1955, No. 280, p. 630, §2; Acts 1955, No. 495, p. 1136, §1; Acts 1959, 2nd Ex. Sess., No. 115, p. 351, §1; Acts 1963, 1st Ex. Sess., No. 43, p. 126, §6; Acts 1965, 1st Ex. Sess., No. 102, p. 118, §2; Acts 1967, No. 511, p. 1226, §2; Acts 1969, Ex. Sess., No. 26, p. 62, §2; Acts 1975, 4th Ex. Sess., No. 66, p. 292, §4; Acts 1995, No. 95-538, p. 1100, §4; Act 98-385, p. 732, §5; Act 2010-221, p. 382, §1; Act 2011-676, p. 1805, §1; Act 2012-377, p. 944, §1; Act 2021-537, §1.)

§ 16-25-22 Purchase, Sale, Etc., of Interests or Estates in Real Property; Establishment of Facilities and Procedures for Purchase of and Payment for Equipment, Etc

(a) The Retirement Systems of Alabama, which consist of the Employees’ Retirement System of Alabama, the Teachers’ Retirement System of Alabama, and the Judicial Retirement Fund of Alabama shall have within their corporate powers the right to purchase, sell and hold title, in their own name, to any interest or estate in real property. Such property shall be exempt from all state and local ad valorem taxes and shall not be subject to regulations or laws regarding the sale or lease of state property.

(b) The Retirement Systems of Alabama shall have within their corporate powers the right to establish, as is consistent with the intent and purpose of the competitive bid laws of the State of Alabama, such facilities and procedures for the making of purchases and for the payment of all equipment and expenses reasonably necessary to the operation of the Retirement Systems of Alabama.

(Acts 1975, No. 1106, p. 2185, §2; Act 98-385, p. 732, §6.)

§ 16-25-23 Exemptions from Execution; Recovery Actions

(a) Except as provided in subsection (b), the right of an individual to a pension; an annuity, or a retirement allowance; to the return of contributions; the pension, annuity, or retirement allowance itself; any optional benefit or any other right accrued or accruing to any individual under this chapter; and the monies in the various funds created by this chapter are exempt from any state or municipal tax and exempt from levy and sale, garnishment, attachment, or any other process whatsoever, and shall be unassignable except as otherwise provided in this chapter.

(b)(1) Restitution, fines, court costs, fees, or any other financial obligations in a criminal case ordered by a circuit or district court judge in this state are not subject to the exemption set out in subsection (a), provided both of the following are satisfied:

a. The amount of the restitution ordered is in the amount of one thousand dollars ($1,000) or greater.

b. The individual subject to the order is a retiree or beneficiary who is currently receiving benefits from the Teachers’ Retirement System.

(2) If the requirements of subdivision (1) are met, and upon a motion filed by the district attorney, the circuit or district court judge may order that the Teachers’ Retirement System pay to the circuit clerk of the court no more than 25 percent of the retiree’s or beneficiary’s gross monthly benefit less any deductions for child support or health insurance for any dependents, to be applied to the balance of the restitution, fines, court costs, fees, or other financial obligations ordered in the criminal case.

(3) An order under subdivision (2) shall set out all of the following:

a. The individual’s name, date of birth, and Social Security number.

b. The amount of restitution ordered is in the amount of one thousand dollars ($1,000) or greater.

c. The amounts of restitution, fines, court costs, fees, or any other financial obligations owed, detailed individually.

d. The relevant case numbers.

e. The county in which the case was brought.

f. The circuit clerk’s name and mailing address.

g. That the restitution, fines, court costs, fees, or other financial obligations are payable as a result of a criminal disposition.

h. The amount or the percentage of funds to be paid.

(4) The district attorney shall notify the court whenever the restitution, fines, court costs, fees, or other financial obligations are paid in full. Thereafter, the court shall issue an order to stop the diversion of the individual’s funds. Any payment received by the circuit clerk in an amount over what was owed shall be paid back to the Teachers’ Retirement System within 60 days with the specific identifying information as to the retiree or the beneficiary to whom it is owed.

(Acts 1939, No. 419, p. 559, §9; Code 1940, T. 52, §370; Act 2016-398, p. 1060, §1; Act 2024-408, §1.)

§ 16-25-24 False Statements; Correction of Errors

(a) Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this retirement system in any attempt to defraud such system as a result of such act shall be guilty of a misdemeanor and, on conviction thereof by any court of competent jurisdiction, shall be punished by a fine not exceeding $500.00 or imprisonment not exceeding 12 months, or both such fine and imprisonment at the discretion of the court.

(b) Should any change or error in the records result in any member or beneficiary receiving from the retirement system more or less than he would have been entitled to receive had the records been correct, the Board of Control shall correct such error and as far as practicable shall adjust the payment in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.

(Acts 1939, No. 419, p. 559, § 10; Code 1940, T. 52, §371.)

§ 16-25-25 Limitation on Membership

No other provision of law in any other statute which provides wholly or partly at the expense of the State of Alabama or of any political subdivision thereof for pensions or retirement benefits for teachers of the said state, except as may be provided by state and federal laws for coverage under the provisions of the Federal Old Age and Survivors Insurance System of the Social Security Act, shall apply to members of the retirement system established by this chapter; provided, that if any member who filed an enrollment with the Board of Control on or before September 1, 1942, and who was certified to the Board of Control as an employee of a county board of education which had a statutory pension plan in effect on September 1, 1941, should receive upon retirement on or before July 1, 1950, a retirement allowance less than the pension which would have been provided for him under the local pension plan, then such member shall be eligible to receive a supplement to his retirement allowance payable from funds provided by said county board of education in an amount sufficient to make his total retirement allowance equal the amount which he would have received if he had been retired under the provisions of the local statute.

(Acts 1939, No. 419, p. 559, §11; Code 1940, T. 52, §372; Acts 1943, No. 61, p. 35, §8; Acts 1953, No. 41, p. 44, §5.)

§ 16-25-26 Performance of Duties by Retired Persons; Service in Elected Public Office

(a) Any person who is retired under the Teachers’ Retirement System may perform duties in any capacity, including as an independent contractor, with any employer participating in the Employees’ Retirement System or the Teachers’ Retirement System without suspension of his or her retirement allowance provided that: (i) the person is not employed in a permanent full-time capacity; and (ii) the person’s compensation from the employer in calendar year 2016 does not exceed thirty thousand dollars ($30,000). Beginning in calendar year 2017, and each calendar year thereafter, the annual earning limit shall be increased by the same percentage increase as the increase in the Consumer Price Index for all urban consumers as published by the U.S. Department of Labor, Bureau of Labor Statistics. Any increase in the annual earning limit shall be rounded to the next lowest multiple of one thousand dollars ($1,000) with any amount in excess of the one thousand dollar ($1,000) multiple considered in determining the increase for the following year. Each adjustment shall be based on the increase in the index for the preceding 12-month period ending on September 30 and the increase shall be effective for the following calendar year.

(b) Any person serving as an elected official who has retired from the Teachers’ Retirement System may serve for his or her full compensation in an elected public office with the state, a county, or an incorporated municipality without suspension of retirement benefits; provided that under no circumstances shall such a person participate in or accrue additional benefits under the Teachers’ Retirement System or the Employees’ Retirement System for that service, and provided that under no circumstances shall a person whose retirement is based upon service as an elected official continue in or return to such office and receive both pension benefits and salary. Any provision of this subsection to the contrary notwithstanding, a retiree serving as a local elected superintendent of education shall not receive both pension benefits and salary unless his or her compensation as a local elected superintendent of education does not exceed the annual earning limits provided in subsection (a).

(c) The responsibility for compliance with this section is placed upon the employing authority, and each retiree performing duties under this section shall certify to the employer any information required in order to carry out this section. The retiree shall provide written notice of the postretirement employment under this section to the Teachers’ Retirement System and employing authority within 30 days after the date the retiree knows or should know that he or she will be performing duties on a full-time or permanent basis or will earn an amount in excess of the annual earning limit under this section.

(Acts 1973, No. 809, p. 1231, §§1-3; Acts 1995, No. 95-203, p. 313, §4; Act 2000-713, p. 1514, §1; Act 2005-299, 1st Sp. Sess., p. 567, §1; Act 2007-403, p. 830, §1; Act 2014-297, p. 1076, §1; Act 2015-410, p. 1242, §1; Act 2024-279, §1.)

§ 16-25-26.1 Election by University President to Resume Participation

(a) Any person who is a retired teacher, and retired under the provisions of the Teachers’ Retirement System of Alabama, and who subsequent to said retirement becomes the acting President of the University of Alabama, may elect to resume his participation in the Teachers’ Retirement System of Alabama.

(b) Should any person make such election as set forth in subsection (a) of this section, his retirement benefits shall cease and the reserves remaining for his pension and annuity and all his service credits shall be transferred to the appropriate funds and accounts maintained for active members. Upon restoration to active service the member shall receive full rights, privileges and benefits under the Teachers’ Retirement System of Alabama for his total years of service thereunder.

(Acts 1981, No. 81-786, p. 1378.)

§ 16-25-27 Admissibility in Evidence of Photo-Reproduced Copies of Records or Documents Maintained by System

Official copies of records or documents maintained on microfilm, microfiche or other photo reproductive material of archival quality by the Teachers’ Retirement System shall be admissible as primary evidence in any legal, judicial or administrative proceeding or action for the purpose of proving the truth of the contents of the photo-reproduced copies of such records or documents, regardless of any rule of evidence or law relating to the proof of such matters; provided, that the Secretary-Treasurer of the Retirement System of Alabama shall certify on such copies offered into evidence that the Teachers’ Retirement System of Alabama is not in possession of the original and that the copy is a true and correct representation of the original.

(Acts 1975, No. 1105, p. 2181, §2.)

§ 16-25-28 Proposed Legislation Affecting System to Be Accompanied by Actuarial Estimate of Cost

All proposed legislation affecting the Teachers’ Retirement System of Alabama shall be accompanied by an actuarial estimate of the cost involved in such proposed legislation.

(Acts 1973, No. 1284, p. 2196, § 1.)

§ 16-25-29 For Prior Service for Employment While Student at Public Institution of Higher Learning

(a) No person who is an active and contributing member of or retired from the Teachers’ Retirement System of Alabama and as a student was previously employed in a full-time position by a public educational institution of higher learning in Alabama may claim and purchase credit for such service unless the provisions of this section are complied with, and in no event after June 30, 1989, provided further, that no service as a student employee may be purchased unless such employment consisted of at least 20 hours of service per week.

(b) Any person eligible to claim and purchase credit for service as a full-time student employee shall be awarded credit for such service under the Teachers’ Retirement System of Alabama provided he or she shall comply with the following requirements:

(1) Such person shall provide certification to the Teachers’ Retirement System on or before October 1, 1988, of the time of service and salary for each period of claimed service. Such certification shall be made by the employing institution from official employment records, provided that where such records are not available, certification by the employing institution of such unavailability together with verification of such service and salary by two disinterested persons, not related to the claimant, with personal knowledge of the claimant’s service shall be accepted as proof of such service, and

(2) Such person shall on or before June 30, 1989, pay to the Secretary-Treasurer of the Teachers’ Retirement System of Alabama a sum equal to the total contributions which he or she would have made as a member during the period of claimed service together with eight percent compounded interest through the date of payment.

(Acts 1988, No. 88-653, p. 1050, §1; Acts 1989, No. 89-525, p. 1074, §1.)

§ 16-25-30 Students in Primary or Secondary School and Persons Whose Employment Is Incidental to Status as Student at Public Institution of Higher Learning Ineligible to Participate

(a) No person who is a student in a primary or secondary school shall be eligible to participate in the Teachers’ Retirement System of Alabama.

(b) No person employed on or after May 13, 1988, by an employer whose employees are covered by the Teachers’ Retirement System of Alabama and whose employment is incidental to such person’s status as a student at a public educational institution of higher learning shall be eligible to participate in the Teachers’ Retirement System of Alabama.

(Acts 1988, No. 88-653, p. 1050, §2.)

§ 16-25-31 Effective Date of Benefits; Additional Costs of Benefits; Employer Agreeing to Come Under Provisions

The benefits provided by Sections 16-25-14(a), 16-25-14(g), 36-27-16(a), 36-27-16(c) and 36-27B-3, as amended by amendment of May 5, 1988, shall become effective to the Teachers’ and Employees’ Retirement System the first day of the month next following certification by the systems’ actuary, which shall be adopted by the Board of Control of the Teachers’ and Employees’ Retirement System, that the system can absorb the additional costs of the benefits herein provided for the upcoming fiscal year without increasing the employer contribution as set forth in subdivisions (3) and (5) of Section 16-25-21 and subsections (d) and (f) of Section 36-27-24, provided further in the case of an employer participating pursuant to Section 36-27-6, the provisions of said sections relating to the Employees’ Retirement System as amended by said amendment of May 5, 1988, with respect to the employees of such employer, shall become effective the first of the month next following adoption of a resolution by the employer agreeing to come under the provisions of said amendment and further agreeing to assume the cost of benefits provided therein with regards to its employees. It is further provided and expressly understood with respect to the foregoing conditions that any increase in the employer cost rate which is appropriated in a special cost-of-living increase for retired employees shall not be considered when determining the employer cost rate for purposes of this section.

(Acts 1988, No. 88-548, p. 849, §7.)

§ 16-25-32 Admission of Employees and Members of State Employees’ Association, the Alabama Retired State Employees’ Association and the State Credit Union into Teachers’ Retirement System

(a) The governing body of the Alabama State Employees’ Association, the Alabama Retired State Employees’ Association and the State Employees’ Credit Union may, by resolution legally adopted to conform to the rules prescribed by the Board of Control of the Teachers’ Retirement System, elect to have its executive officers and full-time employees, from whatever source and in whatever manner paid, become eligible to participate in the Teachers’ Retirement System of Alabama, subject to all rules, regulations and conditions thereof.

(b) The governing body of the Alabama State Employees’ Association, the Alabama Retired State Employees’ Association and the State Employees’ Credit Union having made an election through a resolution as provided in subsection (a) hereof, their employees and executive officers may participate in and be entitled to all benefits of the Teachers’ Retirement System of Alabama, provided that where contributions are made from salaries paid by the Alabama State Employees’ Association, the Alabama Retired State Employees’ Association and the State Employees’ Credit Union the entities shall pay the employer costs as a percentage of the salaries of those employees, to be contributed as employer in accordance with Section 16-25-21. Such amounts shall be paid monthly and at the same time as the members’ contributions are made to the Teachers’ Retirement System.

(c) The governing body of the Alabama State Employees’ Association, the Alabama Retired State Employees’ Association or the State Employees’ Credit Union may provide in its resolution to the Teachers’ Retirement System Board of Control that all service rendered by an eligible employee or executive officer previous to the effective date of said group’s election to come under the Teachers’ Retirement System, shall be creditable service to such employee or executive officer; provided, that any such provision shall apply only to those employees and officers who were in the active service of the group on the effective date of said group’s election to be covered under the Teachers’ Retirement System; and provided further, that the said resolution also states that the Alabama State Employees’ Association, the Alabama Retired State Employees’ Association and the State Employees’ Credit Union shall assume and pay, as required, all costs necessary to fund the crediting of such previous service, such costs to be determined by the actuary employed by the Teachers’ Retirement System Board of Control.

(Acts 1989, No. 89-422, p. 886, §§1-3.)

§ 16-25-33 Term Life Insurance Fund; Payment of Benefits; Funding

(a) A separate fund to be known as the Term Life Insurance Fund is hereby established within the Teachers’ Retirement System of Alabama. Such fund shall consist of all monies paid by the employers for term life insurance, and of the investment earnings of such monies and all such funds shall be used only for the payment of benefits provided by this section.

(b) Commencing October 1, 1995, upon proof satisfactory to the board of the death of a contributing member who is a full-time employee there shall be paid in the form of a term life insurance benefit the sum of $15,000. On account of the death of a part-time employee, the benefit provided herein shall be prorated based on the employee’s percent of full-time employment. This benefit shall be paid to the designated beneficiary on file with the Teachers’ Retirement System. For purposes of this section, a person shall be deemed a contributing member if (1) he or she is in active pay status at the time of death or (2) he or she dies within 90 days of being in active pay status.

(c) The Board of Control of the Teachers’ Retirement System shall determine annually the amount to pay the cost of the benefits provided in this section as a percentage rate of earnable compensation of members required to be paid to the Teachers’ Retirement System. The employers’ payment on account of the benefits provided in this section shall be paid in the same manner and from the same source of funds as is provided in Section 16-25-21, it being the intent of the Legislature that the cost of providing the benefits provided for in this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

(Acts 1995, No. 95-538, p. 1100, §14; Act 2000-454, p. 818, §1.)

§ 16-25-34 Compliance with Qualification Standards

The Board of Control of the Teachers’ Retirement System of Alabama is authorized to implement any new accounting procedures, funds, or administrative changes and to provide for the payment of benefits to members or beneficiaries of the retirement system as may be necessary to ensure the Teachers’ Retirement System of Alabama’s compliance with the qualification standards required of public pension plans by the Internal Revenue Code of the United States.

(Act 98-385, p. 732, §10(a).)

§ 16-25-35 Annualized Benefit Increase Procedure

(a) Commencing in the fiscal year that beginning October 1, 2026, no benefit increase provided to retirees and beneficiaries under the Teachers’ Retirement System shall be paid unless the increase is granted by separate legislative act conforming to this section. The separate legislative act shall set the amount of the increase and the class of eligible retirees and beneficiaries. Any other benefit increases shall be granted by an additional separate legislative act. The Teachers’ Retirement System shall pay the benefit increase to the eligible retirees and beneficiaries only if the annual cost of the increase as estimated by the actuary of the system is included and appropriated in the Education Trust Fund appropriation act for that fiscal year by a separate employer rate. Participating employers shall pay the separate employer rate to pay the benefit increase included in the Education Trust Fund appropriation act in the same manner and from the same source of funds as salaries of active members are paid. In any fiscal year in which the required separate employer rate is not identified and appropriated in the appropriation act, eligible retirees and beneficiaries shall not receive and the Teachers’ Retirement System shall not be required to pay the increase in that fiscal year. The benefit increase may be resumed in any subsequent fiscal year if included in that year’s appropriation act.

(b) The Legislature finds and declares that any benefit increase provided for the retirees and beneficiaries of the Teachers’ Retirement System pursuant to this section shall not increase the unfunded liability of those retirement systems due to the annual authorization and full annual funding required by this section.

(c) Any accounting standards that may imply otherwise and that do not recognize the clear language of this section, declaring that no future liability shall be attributed to the Retirement Systems of Alabama pursuant to this section, shall be disregarded and any audits conducted of the finances of the Retirement Systems of Alabama shall clearly note that those accounting standards do not apply to a benefit increase granted under this section.

(d) This section is not applicable to and shall not affect any previous cost-of-living increase or one-time bonus provided to retirees under acts previously passed by the Legislature.

(e) Commencing on November 4, 2026, only one retiree and beneficiary increase may be granted per legislative quadrennium pursuant to this section.

(Act 2025-336, §§ 2-5.)

Article 2 Cost of Living Increase Where Effective Date of Retirement Prior to October 1, 1987

§ 16-25-40 Persons Whose Date of Retirement Is Prior to October 1, 1987 or Beneficiaries of Deceased Members or Retirees Entitled to Cost of Living Increases

There is hereby provided, commencing October 1, 1988, to each person whose effective date of retirement for purposes of receiving benefits from the Teachers’ Retirement System is prior to October 1, 1987, and to beneficiaries of deceased members or deceased retirees provided the date of death for such deceased member or the effective date of retirement for such deceased retiree for purposes of receiving benefits from the Teachers’ Retirement System was prior to October 1, 1987, and who is receiving a monthly allowance from the Teachers’ Retirement System a cost-of-living increase as follows:

(1) One dollar per month for each year of service attained by said retiree for each retiree selecting the maximum retirement allowance or Option 1.

(2) One dollar per month for each year of service attained by said retiree reduced by the retiree’s option election factor for each retiree selecting Options 2, 3 or 4.

(3) One dollar per month for each year of service attained by said deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Teachers’ Retirement System.

(Acts 1988, No. 88-600, p. 932, §1; Acts 1989, No. 89-525, p. 1074, §1.)

§ 16-25-41 Persons Whose Date of Retirement Is Prior to October 1, 1987 or Beneficiaries of Deceased Members or Retirees Entitled to Cost-of-Living Increases - Additional Adjustments

In addition to the foregoing amount an additional cost-of-living adjustment is provided effective October 1, 1989 as follows:

(1) One dollar per month for each year of service attained by said retiree for each retiree selecting the maximum retirement allowance or Option 1.

(2) One dollar per month for each year of service attained by said retiree reduced by the retiree’s option election factor for each retiree selecting Options 2, 3 or 4.

(3) One dollar per month for each year of service attained by said deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Teachers’ Retirement System.

(Acts 1988, No. 88-600, p. 932, §2.)

§ 16-25-42 Persons in the Employees’ Retirement System Whose Date of Retirement Is Prior to October 1, 1987 or Beneficiaries of Deceased Members or Retirees Entitled to Cost-of-Living Increases

(a) There is hereby provided, commencing October 1, 1988 to certain persons identified in subsection (b) herein, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1987 and to certain beneficiaries of deceased members and deceased retirees, provided the effective date of retirement or death for such deceased retiree or deceased member for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 1987 and who is receiving a monthly allowance from the Employees’ Retirement System a cost-of-living increase as follows:

(1) One dollar per month for each year of service attained by said retiree for each retiree selecting the maximum retirement allowance or Option 1.

(2) One dollar per month for each year of service attained by said retiree reduced by the retiree’s option election factor for each retiree selecting Options 2, 3 or 4.

(3) One dollar per month for each year of service attained by said deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Teachers’ Retirement System.

(b) The benefits provided in this section are limited to those retirees and beneficiaries of deceased members and deceased retirees whose participation in the Employees’ Retirement System was based on Section 36-27-6, and whose employer at the time of retirement was a local board of education or a state supported institution of higher education. The benefits granted herein shall not apply to any other participants in the Employees’ Retirement System.

(Acts 1988, No. 88-600, p. 932, §3; Acts 1989, No. 89-525, p. 1074, §1.)

§ 16-25-43 Persons in the Employees’ Retirement System Whose Date of Retirement Is Prior to October 1, 1987 or Beneficiaries of Deceased Members or Retirees Entitled to Cost-of-Living Increases - Additional Adjustments

(a) In addition to the foregoing amount an additional cost-of-living adjustment is provided effective October 1, 1989 as follows:

(1) One dollar per month for each year of service attained by said retiree for each retiree selecting the maximum retirement allowance or Option 1.

(2) One dollar per month for each year of service attained by said retiree reduced by the retiree’s option election factor for each retiree selecting Options 2, 3 or 4.

(3) One dollar per month for each year of service attained by said deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Teachers’ Retirement System.

(b) The benefits provided in this section are limited to those retirees and beneficiaries of deceased members and deceased retirees whose participation in the Employees’ Retirement System was based on Section 36-27-6, and whose employer at the time of retirement was a local board of education or a state supported institution of higher education. The benefits granted herein shall not apply to any other participants in the Employees’ Retirement System.

(Acts 1988, No. 88-600, p. 932, §4; Acts 1989, No. 89-525, p. 1074, §1.)

§ 16-25-44 Adjustment of Survivor’s Allowance

The survivor allowance shall be adjusted as provided in Section 16-25-40(3) for those eligible retirees who have selected a monthly survivor allowance payable to a designated beneficiary upon the death of such retiree.

(Acts 1988, No. 88-600, p. 932, §5.)

§ 16-25-45 Appropriations; Funding for Benefits

(a) There is hereby appropriated from the Education Trust Fund to the Teachers’ Retirement System of Alabama $7,276,740 for the fiscal year beginning October 1, 1988, or such amounts as are necessary to carry out the provisions of this section as it relates to the Teachers’ Retirement System.

(b) There is hereby appropriated from the Education Trust Fund to the Employees’ Retirement System $22,500 for the fiscal year beginning October 1, 1988, or such amounts as are necessary to carry out the provisions of this section as they relate to retired employees of local boards of education and state institutions of higher education who are retired under the Employees’ Retirement System.

(c) The Board of Control of the Teachers’ Retirement System shall determine annually the amount to pay the cost of the benefits provided in this article and shall notify the chief fiscal officer of each employer the percentum rate of earnable compensation of the members required to be paid the retirement system. Each employer of members of the Teachers’ Retirement System of Alabama shall pay on account of the increases provided in this article in the same manner and from the same source of funds as is provided in Section 16-25-21, it being the intent of the Legislature that the cost of providing the increases provided in this article shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

(Acts 1988, No. 88-600, p. 932, §6; Acts 1995, No. 95-538, p. 1100, §5.)

§ 16-25-46 Persons Whose Eligibility Under Medicaid Program Would Be Impaired by Cost-of-Living Increase

Any person who receives benefits under the Medicaid program and whose eligibility for such benefits would be impaired by the cost-of-living increase provided herein shall not be entitled to receive said increase. Any person who shall subsequently apply for benefits under the Medicaid program and such person’s eligibility to receive benefits is impaired by the cost-of-living increase provided herein, shall not be entitled to receive said increase subsequent to the date that the member files application for benefits under the Medicaid program.

(Acts 1988, No. 88-600, p. 932, §7.)

§ 16-25-47 Provisions of Article Are Supplemental; Construed in Pari Materia with Other Law

The provisions of this article are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to the retired members of the Teachers’ Retirement System and certain members of the Employees’ Retirement System of Alabama; however, those laws or parts of laws which are in direct conflict or inconsistent therewith are hereby repealed to the extent of such conflict.

(Acts 1988, No. 88-600, p. 932, §8.)

Article 3 Cost of Living Increase Where Effective Date of Retirement Prior to October 1, 1989

§ 16-25-60 Cost-of-Living Increase to Persons Retiring Before October 1, 1989

There is hereby provided, commencing October 1, 1990 to each person whose effective date of retirement for purposes of receiving benefits from the Teachers’ Retirement System is prior to October 1, 1989, a cost-of-living increase of $1.00 per month for each year of creditable service attained by said retiree plus $3.00 per month for each year of retirement attained by said retiree.

(Acts 1990, No. 90-625, p. 1140, §1.)

§ 16-25-61 Cost-of-Living Increase to Certain Retirees Participating Under Section 36-27-6

(a) There is hereby provided, commencing October 1, 1990, to certain persons identified in subsection (b) herein, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1989, a cost-of-living increase of $1.00 per month for each year of service attained by said retiree plus $3.00 per month for each year of retirement attained by said retiree.

(b) The benefits provided in this section are limited to those retirees whose participation in the Employees’ Retirement System was based on Section 36-27-6, and whose employer at the time of retirement was a local board of education or a state supported institution of higher education. The benefits granted herein shall not apply to any other participants in the Employees’ Retirement System.

(Acts 1990, No. 90-625, p. 1140, §2.)

§ 16-25-62 Appropriation; Funding for Benefits

(a) There is hereby appropriated from the Education Trust Fund to the Teachers’ Retirement System of Alabama $13,878,629.00 for the fiscal year beginning October 1, 1990. In addition to the appropriation provided herein any available amounts from the existing funds of the Teachers’ Retirement System which may be expended without increasing the unfunded accrued liability of the Teachers’ Retirement System, as determined by the system’s actuary, or any other appropriation to the Teachers’ Retirement System for the fiscal year beginning October 1, 1990, may be allocated and expended by the Secretary-Treasurer to partially fund the benefits provided herein for the fiscal year beginning October 1, 1990. In the event that funding from the Teachers’ Retirement System is utilized to fund a portion of the benefits provided herein for the fiscal year beginning October 1, 1990 and in the further event that unencumbered funds shall be available in the Education Trust Fund at the end of such fiscal year such amount as shall have been expended from the funds of the Teachers’ Retirement System not included in any appropriations for special pensions to the Teachers’ Retirement System shall be repaid to the Teachers’ Retirement System from such unencumbered funds as soon as possible after the close of said fiscal year.

(b) There is hereby appropriated from the Education Trust Fund to the Employees’ Retirement System $130,753.00 for the fiscal year beginning October 1, 1990, to partially defray the costs of this section as they relate to retired employees of local boards of education and state institutions of higher education who are retired under the Employees’ Retirement System.

(c) The Board of Control of the Teachers’ Retirement System shall determine annually the amount to pay the cost of the benefits provided in this article and shall notify the chief fiscal officer of each employer the percentum rate of earnable compensation of the members required to be paid to the retirement system. Each employer of members of the Teachers’ Retirement System of Alabama shall pay on account of the increase provided in this article in the same manner and from the same source of funds as is provided in Section 16-25-21, it being the intent of the Legislature that the cost of providing the increases provided in this article shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

(Acts 1990, No. 90-625, p. 1140, §3; Acts 1995, No. 95-538, p. 1100, §6.)

§ 16-25-63 Effect of Medicaid

Any person who receives benefits under the Medicaid program and whose eligibility for such benefits would be impaired by the cost of living increase provided herein shall not be entitled to receive said increase. Any person who shall subsequently apply for benefits under the Medicaid program and such person’s eligibility to receive benefits is impaired by the cost of living increase provided herein, shall not be entitled to receive said increase subsequent to the date that the member files application for benefits under the Medicaid program.

(Acts 1990, No. 90-625, p. 1140, §4.)

§ 16-25-64 Construction of Article

The provisions of this article are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to the retired members of the Teachers’ Retirement System and certain members of the Employees’ Retirement System of Alabama; however, those laws or parts of laws which are in direct conflict or inconsistent therewith are hereby repealed to the extent of such conflict.

(Acts 1990, No. 90-625, p. 1140, §5.)

Article 4 Cost of Living Increase Where Effective Date of Retirement Prior to October 1, 1992

§ 16-25-80 Cost-of-Living Increase Provided for Certain Retirees and Beneficiaries Retiring Before October 1, 1992

There is provided to each person currently receiving benefits whose effective date of retirement was prior to October 1, 1992, for purposes of receiving benefits from the Teachers’ Retirement System, and to certain beneficiaries of deceased members and deceased retirees currently receiving survivor benefits, if the effective date of retirement or death for the deceased retirees or deceased member was prior to October 1, 1992, for purposes of receiving benefits from the Teachers’ Retirement System, a cost-of-living increase as follows:

(1) 1.28 percent of the current gross benefit paid to the retiree and to certain beneficiaries of deceased members and deceased retirees.

(2) One dollar and twenty-eight cents ($1.28) per month for each year of service attained by the retiree for each retiree selecting the maximum retirement allowance or option one.

(3) One dollar and twenty-eight cents ($1.28) per month for each year of service attained by the retiree reduced by the retiree’s option election factor for each retiree selecting options two, three, or four.

(4) One dollar and twenty-eight cents ($1.28) per month for each year of service attained by the deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Teachers’ Retirement System.

(5) One dollar and twenty-eight cents ($1.28) per month for each year of retirement attained by the retiree for each retiree selecting the maximum retirement allowance or option one.

(6) One dollar and twenty-eight cents ($1.28) per month for each year of retirement attained by the retiree reduced by the retiree’s option election factor for each retiree selecting options two, three, or four.

(7) One dollar and twenty-eight cents ($1.28) per month for each year of retirement attained by the deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Teachers’ Retirement System.

(Acts 1993, No. 93-479, p. 759, §1; Acts 1993, 1st Ex. Sess., No. 93-916, p. 215, §1.)

§ 16-25-81 Cost-of-Living Increase Provided for Certain Retirees Participating Under Section 36-27-6

(a) Commencing October 1, 1993, there is provided to certain persons identified in subsection (b) of this section who are currently receiving benefits, whose effective date of retirement was prior to October 1, 1992, for purposes of receiving benefits from the Employees’ Retirement System, and to certain beneficiaries of deceased members and deceased retirees who are currently receiving survivor benefits if the effective date of retirement or death for the deceased member or retiree was prior to October 1, 1992, for purposes of receiving benefits from the Employees’ Retirement System, a cost-of-living increase as follows:

(1) 1.28 percent of the current gross benefit paid to the retiree and to certain beneficiaries of deceased members and deceased retirees.

(2) One dollar and twenty-eight cents ($1.28) per month for each year of service attained by the retiree for each retiree selecting the maximum retirement allowance or option one.

(3) One dollar and twenty-eight cents ($1.28) per month for each year of service attained by the retiree reduced by the retiree’s option election factor for each retiree selecting options two, three, or four.

(4) One dollar and twenty-eight cents ($1.28) per month for each year of service attained by the deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Employees’ Retirement System.

(5) One dollar and twenty-eight cents ($1.28) per month for each year of retirement attained by the retiree and certain beneficiaries of deceased members and deceased retirees.

(6) One dollar and twenty-eight cents ($1.28) per month for each year of retirement attained by the retiree reduced by the retirees option election factor for each retiree selecting options two, three, or four.

(7) One dollar and twenty-eight cents ($1.28) per month for each year of retirement attained by the deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Employees’ Retirement System.

(b) The benefits provided in this section are limited to those retirees whose participation in the Employees’ Retirement System was based on Section 36-27-6, and whose employer at the time of retirement was a local board of education or a state supported institution of higher education. The benefits granted in this section shall not apply to any other participants in the Employees’ Retirement System.

(Acts 1993, No. 93-479, p. 759, §2; Acts 1993, 1st Ex. Sess., No. 93-916, p. 215, §1.)

§ 16-25-81.1 Adjustment of Survivor Allowance

The survivor allowance shall be adjusted as provided in Sections 16-25-80 and 16-25-81 for those eligible retirees who have selected a monthly survivor allowance payable to a designated beneficiary upon the death of the retiree.

(Acts 1993, 1st Ex. Sess., No. 93-916, p. 215, §1.)

§ 16-25-82 Appropriations; Funding for Benefits

(a) There is appropriated from the Education Trust Fund to the Teachers’ Retirement System of Alabama $20,610,644 for the fiscal year beginning October 1, 1993.

(b) There is appropriated from the Education Trust Fund to the Employees’ Retirement System $38,320 for the fiscal year beginning October 1, 1993, to partially defray the costs of this section as they relate to retired employees of local boards of education and state institutions of higher education who are retired under the Employees’ Retirement System.

(c) The Board of Control of the Teachers’ Retirement System shall determine annually the amount to pay the cost of the benefits provided in this article and shall notify the chief fiscal officer of each employer the percentum rate of earnable compensation required to be paid to the retirement system. Each employer of members of the Teachers’ Retirement System of Alabama shall pay on account of the increase provided in this article in the same manner and from the same source of funds as is provided in Section 16-25-21, it being the intent of the Legislature that the cost of providing the increase provided in this article shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

(Acts 1993, No. 93-479, p. 759, §3; Acts 1993, 1st Ex. Sess., No. 93-916, p. 215, §1; Acts 1995, No. 95-538, p. 1100, §7.)

§ 16-25-83 Increase Inapplicable If Medicaid Eligibility Impairment Would Result

Any person who receives benefits under the Medicaid program and whose eligibility for the benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the increase. Any person who shall subsequently apply for benefits under the Medicaid program and have his or her eligibility to receive benefits impaired by the cost-of-living increase provided by this article, shall not be entitled to receive the increase subsequent to the date that the member files application for benefits under the Medicaid program.

(Acts 1993, No. 93-479, p. 759, §4; Acts 1993, 1st Ex. Sess., No. 93-916, p. 215, §1.)

§ 16-25-84 Construction of Article

This article is supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to certain retired members of the Teachers’ Retirement System and certain retired members of the Employees’ Retirement System. Notwithstanding the foregoing, those laws or parts of laws which are in direct conflict with this article are repealed.

(Acts 1993, No. 93-479, p. 759, §5; Acts 1993, 1st Ex. Sess., No. 93-916, p. 215, §1.)

Article 5 Cost of Living Increase Where Effective Date of Retirement Prior to October 1, 1994

§ 16-25-100 Cost-of-Living Increase in Pension Benefits to Members and Beneficiaries of Teachers’ Retirement System

Commencing October 1, 1994, there is provided to each person currently receiving benefits whose effective date of retirement was prior to October 1, 1994, for purposes of receiving benefits from the Teachers’ Retirement System, and to certain beneficiaries of deceased members and deceased retirees currently receiving survivor benefits, if the effective date of retirement or death for the deceased retirees or deceased member was prior to October 1, 1994, for purposes of receiving benefits from the Teachers’ Retirement System, a cost-of-living increase as follows:

(1) Two and one-half percent of the current gross benefit paid to the retiree and to certain beneficiaries of deceased members and deceased retirees.

(2) One dollar and fifty cents ($1.50) per month for each year of service attained by the retiree for each retiree selecting the maximum retirement allowance or option one.

(3) One dollar and fifty cents ($1.50) per month for each year of service attained by the retiree reduced by the retiree’s option election factor for each retiree selecting options two, three, or four unless the beneficiary under the option selected is deceased on October 1, 1994, in which case the increase shall not be reduced.

(4) One dollar and fifty cents ($1.50) per month for each year of service attained by the deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Teachers’ Retirement System.

(5) One dollar ($1) per month for each year of retirement attained by the retiree for each retiree selecting the maximum retirement allowance or option one.

(6) One dollar ($1) per month for each year of retirement attained by the retiree reduced by the retiree’s option election factor for each retiree selecting options two, three, or four unless the beneficiary under the option selected is deceased on October 1, 1994, in which case the increase shall not be reduced.

(7) One dollar ($1) per month for each year of retirement attained by the deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Teachers’ Retirement System.

(Acts 1994, No. 94-591, p. 1092, §1.)

§ 16-25-101 Cost-of-Living Increase to Members and Beneficiaries of Employees’ Retirement System

(a) Commencing October 1, 1994, there is provided to certain persons identified in subsection (b) of this section who are currently receiving benefits, whose effective date of retirement was prior to October 1, 1994, for purposes of receiving benefits from the Employees’ Retirement System, and to certain beneficiaries of deceased members and deceased retirees who are currently receiving survivor benefits if the effective date of retirement or death for the deceased member or retiree was prior to October 1, 1994, for purposes of receiving benefits from the Employees’ Retirement System, a cost-of-living increase as follows:

(1) Two and one-half percent of the current gross benefit paid to the retiree and to certain beneficiaries of deceased members and deceased retirees.

(2) One dollar and fifty cents ($1.50) per month for each year of service attained by the retiree for each retiree selecting the maximum retirement allowance or option one.

(3) One dollar and fifty cents ($1.50) per month for each year of service attained by the retiree reduced by the retiree’s option election factor for each retiree selecting options two, three, or four unless the beneficiary under the option selected is deceased on October 1, 1994, in which case the increase shall not be reduced.

(4) One dollar and fifty cents ($1.50) per month for each year of service attained by the deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Employees’ Retirement System.

(5) One dollar ($1) per month for each year of retirement attained by the retiree for each retiree selecting the maximum retirement allowance or option one.

(6) One dollar ($1) per month for each year of retirement attained by the retiree reduced by the retiree’s option election factor for each retiree selecting options two, three, or four unless the beneficiary under the option selected is deceased on October 1, 1994, in which case the increase shall not be reduced.

(7) One dollar ($1) per month for each year of retirement attained by the deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Employees’ Retirement System.

(b) The benefits provided in this section are limited to those retirees whose participation in the Employees’ Retirement System was based on Section 36-27-6, and whose employer at the time of retirement was local board of education or a state supported institution of higher education. The benefits granted in this article shall not apply to any other participants in the Employees’ Retirement System.

(Acts 1994, No. 94-591, p. 1092, §2.)

§ 16-25-102 Adjustment of Survivor Allowance

The survivor allowance shall be adjusted as provided in Sections 16-25-100 and 16-25-101 for those eligible retirees who have selected a monthly survivor allowance payable to a designated beneficiary upon the death of the retiree.

(Acts 1994, No. 94-591, p. 1092, §3.)

§ 16-25-103 Funding for Benefits

The Board of Control of the Teachers’ Retirement System shall determine annually the amount to pay the cost of the benefits provided in this article and shall notify the chief fiscal officer of each employer the percentum rate of earnable compensation required to be paid to the retirement system. Each employer of members of the Teachers’ Retirement System of Alabama shall pay on account of the increase provided in this article in the same manner and from the same source of funds as is provided in Section 16-25-21, it being the intent of the Legislature that the cost of providing the increase provided in this article shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

(Acts 1994, No. 94-591, p. 1092, §4; Acts 1995, No. 95-538, p. 1100, §8.)

§ 16-25-104 Recipients of Medicaid Benefits

Any person who receives benefits under the Medicaid program and whose eligibility for the benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the increase. Any person who shall subsequently apply for benefits under the Medicaid program and who would have his or her eligibility to receive benefits impaired by the cost-of-living increase provided by this article, shall not be entitled to receive the increase after the date that the member files application for benefits under the Medicaid program.

(Acts 1994, No. 94-591, p. 1092, §5.)

§ 16-25-105 Construction of Article

This article is supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to certain retired members of the Teachers’ Retirement System and certain retired members of the Employees’ Retirement System. Notwithstanding the foregoing, those laws or parts of laws which are in direct conflict with this article are repealed.

(Acts 1994, No. 94-591, p. 1092, §6.)

Article 6 Cost of Living Increase for Retirement Date Prior to October 1, 1996

§ 16-25-110 Cost-of-Living Increase in Pension Benefits to Members and Beneficiaries of Teachers’ Retirement System

Commencing October 1, 1996, there is provided to each person currently receiving benefits whose effective date of retirement was prior to October 1, 1996, for purposes of receiving benefits from the Teachers’ Retirement System, and to certain beneficiaries of deceased members and deceased retirees currently receiving survivor benefits, if the effective date of retirement or death for the deceased retirees or deceased member was prior to October 1, 1996, for purposes of receiving benefits from the Teachers’ Retirement System, a cost-of-living increase of not less than twenty-five dollars ($25) per month and the increase shall be more if determined as follows:

(1) Two percent (2%) of the current gross benefit paid to the retiree and to certain beneficiaries of deceased members and deceased retirees.

(2) One dollar ($1) per month for each year of service attained by the retiree for each retiree selecting the maximum retirement allowance or option one.

(3) One dollar ($1) per month for each year of service attained by the retiree reduced by the retiree’s option election factor for each retiree selecting options two, three, or four unless the beneficiary under the option selected is deceased on October 1, 1996, in which case the increase shall not be reduced.

(4) One dollar ($1) per month for each year of service attained by the deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Teachers’ Retirement System.

(Acts 1996, No. 96-572, p. 874, §1.)

§ 16-25-111 Cost-of-Living Increase to Members and Beneficiaries of Employees’ Retirement System

(a) Commencing October 1, 1996, there is provided to certain persons identified in subsection (b) of this section who are currently receiving benefits, whose effective date of retirement was prior to October 1, 1996, for purposes of receiving benefits from the Employees’ Retirement System, and to certain beneficiaries of deceased members and deceased retirees who are currently receiving survivor benefits if the effective date of retirement or death for the deceased member or retiree was prior to October 1, 1996, for purposes of receiving benefits from the Employees’ Retirement System shall receive a cost-of-living increase of not less than twenty-five dollars ($25) per month and the increase shall be more if determined as follows:

(1) Two percent (2%) of the current gross benefit paid to the retiree and to certain beneficiaries of deceased members and deceased retirees.

(2) One dollar ($1) per month for each year of service attained by the retiree for each retiree selecting the maximum retirement allowance or option one.

(3) One dollar ($1) per month for each year of service attained by the retiree reduced by the retiree’s option election factor for each retiree selecting options two, three, or four unless the beneficiary under the option selected is deceased on October 1, 1996, in which case the increase shall not be reduced.

(4) One dollar ($1) per month for each year of service attained by the deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Employees’ Retirement System.

(b) The benefits provided in this section are limited to those retirees whose participation in the Employees’ Retirement System was based on Section 36-27-6, and whose employer at the time of retirement was a local board of education or a state supported institution of higher education. The benefits granted in this section shall not apply to any other participants in the Employees’ Retirement System.

(Acts 1996, No. 96-572, p. 874, §2.)

§ 16-25-112 Funding for Benefits

The cost-of-living increase granted to certain retired persons under the Teachers’ Retirement System by this article may be financed, if possible, from existing funds of the Teachers’ Retirement System subject to the following provisions and conditions:

(1) If the actuary for the Teachers’ Retirement System finds that the cost-of-living increase can be paid for the 1996-97 fiscal year without appropriation of additional funds to the system without having an adverse actuarial impact on the system, beginning October 1, 1996, the Board of Control of the system may provide the cost-of-living increase authorized by this section. It is the intent of this section as pertains to funding similar increases in the future, that the funding thereof shall be in accordance with the requirements of Section 16-25-21. If the actuarial certification of the cost involved in funding the cost-of-living increase provided by this article, as required by Section 16-25-28, is not received by October 1, 1996, but satisfies the above condition when it is received during the 1996-97 fiscal year, then the cost-of-living increase shall be paid retroactively to October 1, 1996.

(2) If the conditions in subdivision (1) are not met, the cost-of-living increase shall be paid beginning October 1, 1997, and the cost of this benefit shall be included in the amount certified by the Board of Control to be contributed by the state under Section 16-25-21 or any other applicable law. The provisions of this subdivision shall govern and override any seeming or actual conflicts with other provisions of this section.

(Acts 1996, No. 96-572, p. 874, §3.)

§ 16-25-113 Recipients of Medicaid Benefits

Any person who receives benefits under the Medicaid program and whose eligibility for the benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the increase. Any person who shall subsequently apply for benefits under the Medicaid program and who would have his or her eligibility to receive benefits impaired by the cost-of-living increase provided by this article, shall not be entitled to receive the increase after the date that the member files application for benefits under the Medicaid program.

(Acts 1996, No. 96-572, p. 874, §4.)

Article 7 Cost of Living for Retirement Date Prior to October 1, 1998

§ 16-25-120 Cost-of-Living Increase in Pension Benefits to Members and Beneficiaries of Teachers’ Retirement System

Commencing October 1, 1998, there is provided to each person currently receiving benefits whose effective date of retirement was prior to October 1, 1998, for purposes of receiving benefits, and to certain beneficiaries of deceased members and deceased retirees currently receiving survivor benefits, if the effective date of retirement or death for the deceased retiree or deceased member was prior to October 1, 1998, for purposes of receiving benefits from the Teachers’ Retirement System, a cost-of-living increase of not less than thirty dollars ($30) per month and the increase shall be more if determined as follows:

(1) Four percent of the current gross benefit paid to the retiree and to certain beneficiaries of deceased members and deceased retirees.

(2) Two dollars ($2) per month for each year of service attained by the retiree for each retiree selecting the maximum retirement allowance or option one.

(3) Two dollars ($2) per month for each year of service attained by the retiree reduced by the retiree’s option election factor for each retiree selecting option two, three, or four unless the beneficiary under the option selected is deceased on July 1, 1998, in which case the increase shall not be reduced.

(4) Two dollars ($2) per month for each year of service attained by the deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Teachers’ Retirement System.

(Act 98-355, p. 623, §1.)

§ 16-25-121 Cost-of-Living Increase to Members and Beneficiaries of Employees’ Retirement System

(a) Commencing October 1, 1998, there is provided to certain persons identified in subsection (b) who are currently receiving benefits, whose effective date of retirement was prior to October 1, 1998, for purposes of receiving benefits from the Employees’ Retirement System, and to certain beneficiaries of deceased members and deceased retirees who are currently receiving survivor benefits if the effective date of retirement or death for the deceased member or retiree was prior to October 1, 1998, for purposes of receiving benefits from the Employees’ Retirement System shall receive a cost-of-living increase of not less than thirty dollars ($30) per month and the increase shall be more if determined as follows:

(1) Four percent of the current gross benefit paid to the retirees and to certain beneficiaries of deceased members and deceased retirees.

(2) Two dollars ($2) per month for each year of service attained by the retiree for each retiree selecting the maximum retirement allowance or option one.

(3) Two dollars ($2) per month for each year of service attained by the retiree reduced by the retiree’s option election factor for each retiree selecting option two, three, or four unless the beneficiary under the option selected is deceased on July 1, 1998, in which case the increase shall not be reduced.

(4) Two dollars ($2) per month for each year of service attained by the deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Employees’ Retirement System.

(b) The benefits provided in this section are limited to those retirees whose participation in the Employees’ Retirement System was based on Section 36-27-6, and whose employer at the time of retirement was a local board of education or a state supported institution of higher education. The benefits granted in this section shall not apply to any other participants in the Employees’ Retirement System.

(Act 98-355, p. 623, §2.)

§ 16-25-122 Adjustment of Survivor Allowance

The survivor allowance shall be adjusted as provided in Sections 16-25-120 and 16-25-121 for those eligible retirees who have selected a monthly survivor allowance payable to a designated beneficiary upon the death of the retiree.

(Act 98-355, p. 623, §3.)

§ 16-25-123 Recipients of Medicaid Benefits

Any person who receives benefits under the Medicaid Program and whose eligibility for the benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the increase. Any person who shall subsequently apply for benefits under the Medicaid program and who would have his or her eligibility to receive benefits impaired by the cost-of-living increase provided by this article, shall not be entitled to receive the increase after the date that the member files application for benefits under the Medicaid program.

(Act 98-355, p. 623, §4.)

Article 8 Cost of Living Increase Where Effective Date of Retirement Prior to October 1, 2000

§ 16-25-140 Increase in Benefits to Members and Beneficiaries

(a) Commencing October 1, 2000, there is provided an increase in benefits to each person currently receiving benefits whose effective date of retirement was prior to October 1, 2000, for purposes of receiving benefits, and to certain beneficiaries of deceased members and deceased retirees currently receiving survivor benefits, if the effective date of retirement or death for the deceased retiree or deceased member was prior to October 1, 2000, for purposes of receiving benefits from the Teachers’ Retirement System, a cost-of-living adjustment (COLA) of four percent of the current gross benefit. In no case shall the COLA be less than fifteen dollars ($15) per month.

(b) Commencing October 1, 2000, there is provided an increase in benefits to certain persons identified in this subsection who are currently receiving benefits whose effective date of retirement was prior to October 1, 2000, for purposes of receiving benefits from the Employees’ Retirement System, and to certain beneficiaries of deceased members and deceased retirees who are currently receiving survivor benefits if the effective date of retirement or death for the deceased member or retiree was prior to October 1, 2000, for purposes of receiving benefits from the Employees’ Retirement System shall receive a cost-of-living adjustment (COLA) of four percent of the current gross benefit. In no case shall the COLA be less than fifteen dollars ($15) per month. The benefits provided in this subsection are limited to those retirees whose participation in the Employees’ Retirement System was based on Section 36-27-6, and whose employer at the time of retirement was a local board of education or a state-supported institution of higher education. The benefits granted in this subsection shall not apply to any other participants in the Employees’ Retirement System.

(c) Any future survivor allowance shall be adjusted as provided in the members’ original option selection for those eligible retirees who have selected a monthly survivor allowance payable to a designated beneficiary upon the death of the retiree, or as otherwise provided by law in the case of a qualifying member who dies prior to October 1, 2000.

(d) Any person who receives benefits under the Medicaid program and whose eligibility for the benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the increase. Any person who shall subsequently apply for benefits under the Medicaid program and who would have his or her eligibility to receive benefits impaired by the cost-of-living increase provided by this article, shall not be entitled to receive the increase after the date that the member files application for benefits under the Medicaid program.

(e) For the fiscal year beginning October 1, 2001, and each year thereafter, the cost of the cost-of-living adjustment provided in this article shall be financed as provided in Section 16-25-21.

(Act 2000-741, p. 1645, §1.)

Article 9 Deferred Retirement Option Plan for Education Employees

§ 16-25-150 Participation in Plan

(a) As governed by this subsection, there exists as a part of this retirement system an optional account known as the Deferred Retirement Option Plan, which may be cited as “DROP.” The purpose of DROP is to allow, contractually, in lieu of immediate withdrawal from service and receipt of a retirement allowance, continued employment for a specific period of time, coupled with the deferral of receipt of a retirement allowance until the end of the period of participation, at which time the member shall withdraw from service.

(b) Participation in DROP is an option available to any member of this retirement system who meets all of the following requirements:

(1) Has at least 25 years of creditable service exclusive of sick leave.

(2) Is at least 55 years of age.

(3) Is eligible for service retirement.

(c) An election to participate in DROP may be made in one year increments not to exceed five years, nor to be less than three years. A member may participate in DROP only one time. Any voluntary termination within the first three years in DROP will result in a forfeiture of the portion of his or her DROP account that constitutes the retirement allowance. However, member contributions will not be forfeited, nor will any interest attributable to the retirement allowance. There will be no penalty forfeiture if the participation period is interrupted due to an involuntary dismissal, disability, involuntary transfer of his or her spouse, or death of the participant.

(d) A member who chooses to participate in DROP may elect an option allowance set out for members of the Teachers’ Retirement System in subsection (h) of Section 16-25-14 at the beginning of the participation period. Otherwise, he or she shall receive the maximum benefit. Such election shall be irrevocable once the participation period begins except as otherwise provided in this chapter.

(e) For purposes of DROP, sick leave may not be converted for purposes of establishing retirement eligibility, nor used in the calculation of the original retirement allowance except as provided in Section 16-25-151.

(f) The election to participate in DROP shall be made in accordance with procedures set forth in a uniform and nondiscriminatory election and application form adopted by the Board of Control. The election to participate in DROP may be made at any time on or after the date the member becomes eligible to participate as set out in subsection (b). Such application must be made at least 30 days, but not more than 90 days, before the effective date of participation in DROP, and shall be made no later than March 24, 2011. A member must be eligible to participate, as provided above at the time the application is made.

(g) Upon the effective date of the commencement in DROP, the member’s service shall remain as it existed on that date for the duration of DROP. Once a member enters DROP, service credit purchases are prohibited. Both the employer and employee member contribution shall continue to be made. The monthly retirement allowance that would have been payable, had the person elected to withdraw from service and receive a retirement allowance, shall be paid into a DROP account that reflects the credits attributed to the person in DROP. However, the monies shall remain a part of the regular retirement fund until disbursed to the participating member in accordance with this section. Any monies paid into this account are subject to the exemptions set out in Section 16-25-23.

(h)(1) The DROP account shall earn interest at the same rate that interest is posted to active member accounts as defined in subdivision (15) of Section 16-25-1. A person who participates in this plan shall not be eligible to receive a retiree cost-of-living increase while participating in DROP, and shall not be eligible for a retiree cost-of-living increase until participation in the plan ceases and he or she withdraws from service and has been receiving a retirement allowance for at least one full year.

(2) Notwithstanding any other provision of this chapter, for any member who has fulfilled his or her obligation under DROP and does not withdraw from service and any member who begins participation in DROP on or before April 1, 2011, and fulfills his or her obligation under DROP and does not withdraw from service, the amount of interest payable on benefit deposits after March 24, 2011, shall be the lesser of (1) the investment performance of the immediately preceding fiscal year but no less than $0, or (2) as provided in subdivision (1) of subsection (d) of Section 16-25-151.

(i) DROP shall not be subject to any fees, charges, or other similar expenses of any kind for any purpose.

(j) Participation in DROP shall not affect the rights of any education employee including, but not limited to, the Fair Dismissal Act, Section 36-26-100 et seq., the tenure law, Section 16-24-1, et seq., or any other fringe benefit.

(k) Participation in DROP shall not affect the accrual of annual and sick leave by the participant.

(l) Participants in DROP may receive salary cost-of-living adjustments and salary increases.

(Act 2002-23, p. 31, §1; Act 2011-27, p. 118, §1.)

§ 16-25-151 Withdrawal from Service; Death of Participant

(a) On withdrawing from service pursuant to Section 16-25-14, a member who participated in DROP:

(1) Who fulfilled his or her contractual obligation pursuant to DROP shall receive a lump-sum payment from his or her DROP account equal to the payments made to that account on his or her behalf plus interest. Further, the member shall receive his or her accumulated contribution made during participation in DROP, together with interest for the period of DROP participation as provided in subdivision (1) of subsection (g) of Section 16-25-14. In lieu of a lump-sum payment from the DROP account, to the extent eligible under applicable tax laws, the member’s total accrued benefit may be “rolled over” directly to the custodian of an eligible retirement plan. The member shall also begin receiving his or her monthly benefit which had been paid directly into the DROP account during his or her participation in DROP. However, the monthly benefit shall be recalculated prospectively to reflect any accrued sick leave as credit for retirement purposes. Conversion of sick leave is limited to the applicable laws pertaining to conversion of sick leave into retirement credit. In no event can the number of days converted be greater than the number of days the participant had on the date he or she entered DROP. The member is not allowed to change the option allowance chosen at the beginning of DROP participation.

(2) Who did not fulfill his or her obligation under DROP due to involuntary termination, disability, or involuntary transfer of his or her spouse, shall receive a lump-sum payment from his or her DROP account equal to the payments made to that account on his or her behalf plus interest. Further, the member shall receive his or her accumulated contribution made during participation in DROP, together with interest for the period of DROP participation as provided in subdivision (1) of subsection (g) of Section 16-25-14. In lieu of a lump-sum payment from the DROP account, to the extent eligible under applicable tax laws, the member’s total accrued benefit may be “rolled over” directly to the custodian of an eligible retirement plan. The member shall also begin receiving his or her monthly benefit which had been paid directly into the DROP account during his or her participation in DROP. However, the monthly benefit shall be recalculated prospectively to reflect any accrued sick leave as credit for retirement purposes. Conversion of sick leave is limited to the applicable laws pertaining to conversion of sick leave into retirement credit. In no event can the number of days converted be greater than the number of days the participant had on the date he or she entered DROP. The member is not allowed to change the option allowance chosen at the beginning of DROP participation.

(3) Who did not fulfill his or her obligation under DROP due to voluntary termination within the first three years of participation shall forfeit a portion of his or her DROP account that constitutes the retirement allowance. The member shall be entitled to a return of his or her member contribution made during his or her participation in DROP as well as any interest attributable to the retirement allowance. However, following termination of employment, the member shall begin receiving his or her monthly benefit which had been paid directly into the DROP account during his or her participation in DROP. However, the monthly benefit shall be recalculated prospectively to reflect any accrued sick leave as credit for retirement purposes. Conversion of sick leave is limited to the applicable laws pertaining to conversion of sick leave into retirement credit. In no event can the number of days converted be greater than the number of days the participant had on the date he or she entered DROP. The member is not allowed to change the option allowance chosen at the beginning of DROP participation.

(b) If a participant dies during the period of participation in DROP, a lump-sum payment equal to the payments made to the DROP account on his or her behalf plus interest shall be paid to his or her named beneficiary or, if none, to his or her estate. Further, the beneficiary of the estate shall be entitled to a return of the member’s contribution made during his or her participation in DROP together with interest for the period of DROP participation as provided in subdivision (1) of subsection (g) of Section 16-25-14. However, death benefits payable pursuant to subsection (g) of Section 16-25-14 or Section 36-27B-3 shall not be applicable. Where there is a beneficiary that would be entitled to an ongoing monthly benefit, if applicable laws allow, the monthly benefit may be recalculated prospectively to reflect accrued sick leave as credit for retirement purposes. If applicable laws allow, the beneficiary may elect to be paid for the deceased member’s sick leave as would any other member upon retirement. In no event can the number of sick leave days used for either calculation be greater than the number of days the participant had on entry into DROP. The member is not allowed to change the option allowance chosen at the beginning of DROP participation.

(c) At the end of the specified period for DROP:

(1) Payments into the DROP account made on behalf of the member shall cease.

(2) Payment from the DROP account shall not be made to the member until he or she withdraws from service, nor shall the monthly retirement allowance being paid into the DROP account during the period of participation be payable to the member until he or she withdraws from service pursuant to Section 16-25-14.

(3) If the member does not withdraw from service after the period specified for participation in DROP, he or she shall resume active contributing membership in the system for the purpose of earning creditable service. Under no circumstance will any time spent participating in DROP be eligible to constitute service credit in any Alabama public supported retirement system.

(d)(1) Upon a future withdrawal from service, the member shall receive a lump-sum payment from his or her DROP account equal to the payments made to that account on his or her behalf plus interest. Further, the member shall receive his or her accumulated contribution made during participation in DROP together with interest for the period of DROP participation as provided in subdivision (1) of subsection (g) of Section 16-25-14. In lieu of a lump-sum payment from the DROP account, to the extent eligible under applicable tax laws, the member’s total accrued benefit may be “rolled over” directly to the custodian of an eligible retirement plan.

(2) Upon withdrawal from service, the monthly retirement allowance that was being originally paid into the DROP account shall begin to be paid to the member. However, the monthly benefit shall be recalculated prospectively to reflect any accrued sick leave as credit for retirement purposes. Conversion of sick leave is limited to the applicable laws pertaining to conversion of sick leave into retirement credit. In no event can the number of days converted be greater than the number of days the participant had on the date he or she entered DROP. The member is not allowed to change the option allowance chosen at the beginning of DROP participation.

(3) Upon withdrawal from service, the member shall receive an additional retirement benefit based on his or her additional service rendered to the system since termination of participating in DROP, using the normal method of computation of benefit for that period only. This additional service shall not be added to any service prior to his or her participation in DROP. The member’s average compensation for that time worked after the participation in DROP shall be multiplied by the appropriate benefit factor multiplied by the amount of time worked after the participation in DROP. Under no circumstances is this service to be combined with service prior to participation in DROP.

(4) The option used for retirement purposes shall be that applicable to the original benefit.

(5) If the member dies or becomes disabled during the period of additional service, he or she shall be considered as having retired on the date of death or commencement of disability. However, no death benefits pursuant to subsection (g) of Section 16-25-14 or Section 36-27B-3 will be applicable.

(Act 2002-23, p. 31, §1.)

§ 16-25-152 Relation to Federal Law

At no time shall any provision or implementation of such provision pertaining to DROP be contrary to the rules and regulations of the federal law governing governmental plans. DROP is intended to operate in accordance with Section 415 and other applicable sections of the United States Internal Revenue Code. Any provision herein found in conflict with an applicable provision of the Internal Revenue Code shall be null and void. The Teachers’ Board of Control is hereby authorized to interpret this article so as to achieve compliance with any applicable provisions of the United States Internal Revenue Code.

(Act 2002-23, p. 31, §1.)

§ 16-25-153 Incentives for Participation in Plan

Notwithstanding the foregoing provisions of this article or any other laws to the contrary, no employer whose employees are covered under the Teachers’ Retirement System shall offer any incentives of value including, but not limited to, monetary payments, prepayment of health insurance, or extraordinary payments for accrued leave, contingent on the member applying for or electing to participate in DROP. This provision shall not apply to regular payments for leave or contributions toward health insurance, but shall serve to prevent any extraordinary benefits or incentives offered during a limited time period solely for the purpose of enticing employees to elect to participate in DROP.

(Act 2002-23, p. 31, §3.)

§ 16-25-154 Restoration to Active Service

Any member of the Teachers’ Retirement System who has participated in DROP and withdraws from service under Section 16-25-151 is not eligible to be restored to active service pursuant to subsection (i) of Section 16-25-14 or subsection (f) of Section 36-27-12. Rather, the employee shall be restored to active service pursuant to subdivision (3) of subsection (c) and subdivision (3) of subsection (d) of Section 16-25-151.

(Act 2002-23, p. 31, §5.)

Article 10 Cost-Ofliving Increase Where Effective Date of Retirement Prior to October 1, 2001

§ 16-25-170 Increase in Benefits to Members and Beneficiaries

(a) Commencing October 1, 2002, there is provided an increase in benefits to each person currently receiving benefits whose effective date of retirement was prior to October 1, 2001, for purposes of receiving benefits, and to certain beneficiaries of deceased members and deceased retirees currently receiving survivor benefits, if the effective date of retirement or death for the deceased retiree or deceased member was prior to October 1, 2001, for purposes of receiving benefits from the Teachers’ Retirement System, a cost-of-living adjustment (COLA) of three percent of the current gross benefit, but not less than fifteen dollars ($15) per month.

(b) Commencing October 1, 2002, there is provided an increase in benefits to certain persons identified in this subsection who are currently receiving benefits whose effective date of retirement was prior to October 1, 2001, for purposes of receiving benefits from the Employees’ Retirement System, and to certain beneficiaries of deceased members and deceased retirees who are currently receiving survivor benefits if the effective date of retirement or death for the deceased member or retiree was prior to October 1, 2001, for purposes of receiving benefits from the Employees’ Retirement System shall receive a cost-of-living adjustment (COLA) of three percent of the current gross benefit. In no case shall the COLA be less than fifteen dollars ($15) per month. The benefits provided in this subsection are limited to those retirees whose participation in the Employees’ Retirement System was based on Section 36-27-6, and whose employer at the time of retirement was a local board of education or a state-supported institution of higher education. The benefits granted in this subsection shall not apply to any other participants in the Employees’ Retirement System.

(c) Any future survivor allowance shall be adjusted as provided in the members’ original option selection for those eligible retirees who have selected a monthly survivor allowance payable to a designated beneficiary upon the death of the retiree, or as otherwise provided by law in the case of a qualifying member who dies prior to October 1, 2002.

(d) Any person who receives benefits under the Medicaid program and whose eligibility for the benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the increase. Any person who shall subsequently apply for benefits under the Medicaid program and who would have his or her eligibility to receive benefits impaired by the cost-of-living increase provided by this article, shall not be entitled to receive the increase after the date that the member files application for benefits under the Medicaid program.

(e) The Board of Control of the Teachers’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under this section, and shall notify the chief fiscal officer of each employer of the per centum rates of earnable compensation of the members required to be paid to the retirement system. Each employer of members of the Teachers’ Retirement System shall pay on account of the increases provided in this section in the same manner and from the same source of funds as provided in Section 16-25-21, it being the intent of the Legislature that the cost of providing the increases in this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

(Act 2002-393, p. 986, §9.)

Article 11 Cost-of-Living Increase Where Effective Date of Retirement Prior to October 1, 2004

§ 16-25-190 Increase in Benefits to Members and Beneficiaries

(a) Commencing October 1, 2005, there is provided an increase in benefits to each person currently receiving benefits whose effective date of retirement was prior to October 1, 2004, for purposes of receiving benefits, and to certain beneficiaries of deceased members and deceased retirees currently receiving survivor benefits, if the effective date of retirement or death for the deceased retiree or deceased member was prior to October 1, 2004, for purposes of receiving benefits from the Teachers’ Retirement System, a cost-of-living adjustment (COLA) of four percent of the current gross benefit, but not less than fifteen dollars ($15) per month.

(b) Any future survivor allowance shall be adjusted as provided in the members’ original option selection for those eligible retirees who have selected a monthly survivor allowance payable to a designated beneficiary upon the death of the retiree, or otherwise provided by law in the case of a qualifying member who dies prior to May 16, 2005.

(c) Any person who receives benefits under the Medicaid program and whose eligibility for the benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the increase. Any person who shall subsequently apply for benefits under the Medicaid program and who would have his or her eligibility to receive benefits impaired by the cost-of-living increase provided by this article, shall not be entitled to receive the increase after the date that the member files application for benefits under the Medicaid program.

(d) The Board of Control of the Teachers’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under this article, and shall notify the chief financial officer of each employer of the per centum rates of earnable compensation of the members required to be paid to the retirement system. Each employer of members of the Teachers’ Retirement System shall pay on account of the increases provided in this article in the same manner and from the same sources of funds as provided in Section 16-25-21, it being the intent of the Legislature that the cost of providing the increase in this article shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

(Act 2005-174, p. 351, §2.)

Article 12 Cost-of-Lving Adjustment Where Effective Date of Retirement Prior to October 1, 2006

§ 16-25-200 Increase in Benefits to Members and Beneficiaries

(a) Commencing October 1, 2006, there is provided a cost-of-living adjustment (COLA) in the amount of seven percent of the current gross benefit, but not less than twenty-five dollars ($25) per month to each person currently receiving benefits whose effective date of retirement was prior to October 1, 2005, for purposes of receiving benefits, and to certain beneficiaries of deceased members and deceased retirees currently receiving survivor benefits, if the effective date of retirement or death for the deceased retiree or deceased member was prior to October 1, 2005, for purposes of receiving benefits from the Teachers’ Retirement System.

(b) Any future survivor allowance shall be adjusted as provided in the members’ original option selection for those eligible retirees who have selected a monthly survivor allowance payable to a designated beneficiary upon the death of the retiree, or otherwise provided by law in the case of a qualifying member who dies prior to April 5, 2006.

(c) Any person who receives benefits under the Medicaid program and whose eligibility for the benefits would be impaired by the cost-of-living increase provided by this section shall not be entitled to receive the increase. Any person who shall subsequently apply for benefits under the Medicaid program and who would have his or her eligibility to receive benefits impaired by the cost-of-living increase provided by this section, shall not be entitled to receive the increase after the date that the member files application for benefits under the Medicaid program.

(d) The Board of Control of the Teachers’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under this section, and shall notify the chief financial officer of each employer of the per centum rates of earnable compensation of the members required to be paid to the retirement system. Each employer of members of the Teachers’ Retirement System shall pay on account of the increases provided in this section in the same manner and from the same sources of funds as provided in Section 16-25-21, it being the intent of the Legislature that the cost of providing the increase in this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

(Act 2006-310, p. 653, §2.)

Chapter 25A Public Education Employees’ Health Insurance

Article 1 General Provisions

§ 16-25A-1 Definitions

When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) EMPLOYEE. Any person covered by the Public Education Employees’ Health Insurance Plan pursuant to Section 16-25A-11 or person who is employed full-time in any public institution of education within the State of Alabama which provides instruction at any combination of grades K through 14, exclusively, under the auspices of the State Board of Education or the Alabama Institute for Deaf and Blind; provided, any person employed part-time by any public institution of education within the State of Alabama which provides instruction at any combination of grades K through 14, exclusively, under the auspices of the State Board of Education or the Alabama Institute for Deaf and Blind, shall be included in the definition of employee if such person shall agree to have deducted from his or her compensation a pro rata portion of the premium cost of a full-time employee, based on the percentage of time such person is employed, in accordance with such rules and regulations as shall be adopted by the board.

(2) RETIRED EMPLOYEE. Any person receiving a monthly benefit from the Teachers’ Retirement System who at the time of his or her retirement was employed by a public institution of education within the State of Alabama which provided instruction at any combination of grades K through 14, exclusively, under the auspices of the State Board of Education or pursuant to Section 16-25A-11. Any person receiving a monthly benefit from the Teachers’ Retirement System who at the time of his or her retirement was employed by a state-supported postsecondary institution and any person receiving a monthly benefit from the Employees’ Retirement System whose retirement under the Employees’ Retirement System was from a local board of education or a state-supported postsecondary institution who participated pursuant to Section 36-27-6.

(3) BOARD. The Public Education Employees’ Health Insurance Board.

(4) CLASS. An employee or retiree shall be included in one of the following classes: (i) active employee single, (ii) active employee family, (iii) non-Medicare retiree single, (iv) non-Medicare retiree family, (v) Medicare retiree single, (vi) Medicare retiree family, (vii) non-Medicare retiree with Medicare eligible dependent(s), or (viii) Medicare retiree with non-Medicare dependent(s).

(5) EMPLOYEE CONTRIBUTION. The amount of the total health insurance premium to be paid by the employee or retiree as determined by the board.

(6) EMPLOYER CONTRIBUTION. The amount of the total health insurance premium to be paid by the employer as determined by the board.

(7) FEDERAL POVERTY LEVEL. Income level determined in Section 673(2) of the Community Services Block Grant Act 2 (42 U.S.C. § 9902(2)). Should the federal government no longer derive or substantially change its derivation of the federal poverty level, the Public Education Employees’ Health Insurance Board has the authority to derive and apply an alternate poverty level to carry out its obligations under this article.

(8) HEALTH INSURANCE PREMIUM. The total health insurance cost under a health insurance plan with respect to each class of employees or retirees. Individual premiums may include adjustments and surcharges for (i) family size including, but not limited to, a husband and wife both being covered by a health insurance plan as defined herein, (ii) spouse’s eligibility for other health insurance, (iii) smokers and users of tobacco products, (iv) preventive care and wellness care participation, and (v) any such other categories of risk that the board shall approve.

(9) MEDICARE RETIREE. A retiree entitled to benefits under the federal Medicare program (Subchapter XVIII of the Social Security Act (42 U.S.C. §§ 1395 et seq.)).

(10) NON-MEDICARE RETIREE. A retiree not entitled to benefits under the federal Medicare program (Subchapter XVIII of the Social Security Act (42 U.S.C. §§ 1395 et seq.)).

(11) OPTIONAL COVERAGE. Health insurance coverage offered to employees and retirees for dental, cancer, indemnity, vision, or such other coverage the Public Education Employees’ Health Insurance Board deems appropriate in lieu of coverage under the basic medical plan.

(12) OTHER EMPLOYER GROUP HEALTH INSURANCE COVERAGE. Group health insurance coverage available to an employee or retiree through an employer other than the State of Alabama. Other employer group health insurance coverage does not include the State Employees’ Health Insurance Plan, the Public Education Employees’ Health Insurance Plan, or the local government health insurance plan.

(13) PEEHIP. The Public Education Employees’ Health Insurance Plan.

(14) RETIREE. Same as “Retired Employee.”

(15) SUPPLEMENTAL COVERAGE. Coverage offered to employees and retirees by the Public Education Employees’ Health Insurance Board in lieu of coverage in the basic medical plan of the Public Education Employees’ Health Insurance Plan that supplements an employee’s or retiree’s other employer group health insurance coverage.

(16) SUPPLEMENTAL POLICY. Policy offered to employees and retirees by the Public Education Employees’ Health Insurance Board in lieu of or in addition to coverage in the basic medical plan of the Public Education Employees’ Health Insurance Plan that provides a defined set of benefits.

(17) YEARS OF SERVICE. The number of years and months of creditable service by an employee prior to retirement as determined by the Teachers’ Retirement System or Employees’ Retirement System including any periods of full time permanent employment subsequent to retirement up to a maximum of five years.

(Acts 1983, No. 83-455, p. 640, §1; Acts 1985, No. 85-649, p. 1008, §3; Acts 1986, Ex. Sess., No. 86-697, §1; Act 2004-646, 1st Sp. Sess., p. 6, §1; Act 2011-704, p. 2178, §1.)

§ 16-25A-2 Public Education Employees’ Health Insurance Board; Membership, Compensation, Oath of Office, Officers, Staff, Etc

(a) The Public Education Employees’ Health Insurance Board shall consist of the members of the Board of Control of the Teachers’ Retirement System of Alabama;

(b) Board members shall serve without compensation for their services as board members, but shall be reimbursed from the fund established in subsection (f) of Section 16-25A-8 for all necessary expenses that they may incur through service on the board;

(c) Each board member shall, within 10 days after his appointment or election to the Board of Control of the Teachers’ Retirement System, take an oath of office that, so far as it devolves on him, he will diligently and honestly administer the affairs of the board herein established, and that he will not knowingly violate, or willingly permit to be violated, any of the provisions of law applicable to the Public Employees’ Health Insurance Plan. Such oath shall be subscribed to by the member making it, certified by the officer before whom it is taken, and immediately filed in the office of the Secretary of State;

(d) Each board member shall be entitled to one vote in matters concerning the board. Six votes shall be necessary for a decision at any meeting of said board. In case of a tie vote, the decision shall fail;

(e) The chairman and vice-chairman of the board shall be the chairman and vice-chairman of the Teachers’ Retirement System Board of Control. The Secretary-Treasurer of the Teachers’ Retirement System shall serve as chief executive officer of the Public Education Employees’ Health Insurance Plan. In addition thereto, the board may engage such actuarial, administrative, legal, and other special services as shall be deemed necessary to transact the business of the insurance plan. The compensation and expenses for these special services shall be paid at such rates and in such amounts as the board shall approve. All other employees not in these categories of employment shall be employed under the provisions of the Merit System Act;

(f) The board shall keep in convenient form such data as shall be necessary for actuarial valuation of the funds of the insurance plan and for checking the experience of the plan.

(Acts 1983, No. 83-455, p. 640, §2.)

§ 16-25A-2.1 Board as Body Corporate for Management of Plan

The Public Education Employees’ Health Insurance Board shall constitute a body corporate for the purposes of management of the health insurance plan. The board shall have all powers and may enforce all existing rights and claims, privileges of a corporation and hold its cash and securities and other property in trust for the purpose for which received; provided, however, that as instrumentalities of the state, funded by the state, the Public Education Employees’ Health Insurance Board, their officers, and their employees shall be immune from suit to the same extent as the state, its agencies, officers, and employees.

(Act 2004-646, 1st Sp. Sess., p. 6, §4.)

§ 16-25A-3 Board, Employees Not Liable for Good Faith Performance

The members of the Public Employees’ Health Insurance Board and their employees shall not be liable for punitive damages for acts arising out of the good faith performance of their duties in administering the health insurance plan.

(Acts 1983, No. 83-455, p. 640, §3.)

§ 16-25A-4 Relationship Between Benefits and Expenses; Reasonable Controls on Utilization and for Stability

The health insurance plan provided for in this article shall be designed by the board to provide a reasonable relationship between the hospital, surgical, and medical benefits to be included and the expected hospital, surgical, and medical expenses to be incurred by the affected employee and retiree and dependents and to include reasonable controls, which may include, but are not limited to, deductible, copayment, coinsurance, and other cost containment measures to prevent unnecessary utilization of the various hospital, surgical, and medical services available and to provide reasonable assurance of stability in future years for the plan.

(Acts 1983, No. 83-455, p. 640, §4; Act 2004-646, 1st Sp. Sess., p. 6, §2.)

§ 16-25A-5 Authorization for Health Insurance Plan; Election of Optional or Supplemental Coverage

(a) The board is hereby empowered and authorized to establish a fully insured or self-insured health insurance plan for employees and, under certain conditions, retired employees and to adopt and promulgate rules and regulations for the administration of such plan subject to such limitations as may be contained in this article. Such plan may provide for group hospitalization, surgical, medical, cancer, cash indemnity, and dental insurance against the financial costs of hospitalization, surgical, and medical treatment and care and may also include, among other things, prescribed drugs, medicines, prosthetic appliances, hospital inpatient and outpatient service benefits, and hospital/medical expenses indemnity benefits, including major medical benefits or such other coverage or benefits as may be deemed appropriate and desirable by the board, within the limits of such funds as may be available.

(b) Any member employee or, under certain conditions, retired employee may elect an optional or supplemental coverage provided by the board which shall include but is not limited to dental, cancer, or indemnity benefits. Such election shall be in accordance with the rules and regulations and at such times as the board shall prescribe. Election of an optional or supplemental coverage shall be in lieu of primary coverage under the basic medical plan, provided any individual covered under the basic medical plan may elect an optional coverage upon agreeing to pay the costs of such coverage. Any member employee or retired employee who does not elect an optional or supplemental coverage shall be deemed as a matter of law to have elected basic medical primary coverage.

(Acts 1983, No. 83-455, p. 640, §5; Act 2004-646, 1st Sp. Sess., p. 6, §2.)

§ 16-25A-5.1 Supplemental Policy to Provide Secondary Coverage for Employees

The board may, no later than January 1, 2006, offer employees a supplemental policy that provides secondary coverage to other employer group coverage.

(1) For employees who have spouses with other employer group health insurance coverage available to them through their employer or previous employer, the board may provide such employees and retirees with a supplemental coverage policy to the other employer group health insurance coverage in lieu of full basic medical plan coverage through the plan.

(2) An employer that provides its employees and their spouses with other employer group health insurance coverage may not exclude an employee, as defined under Section 16-25A-1(1), or his or her spouse from coverage by application of a provision which does not also apply on the same terms and conditions to other employees or their spouses. No provision of this section requires an employer to amend its plan to provide additional benefits.

(Act 2004-646, 1st Sp. Sess., p. 6, §4.)

§ 16-25A-5.2 Supplemental Policy to Provide Secondary Coverage for Retirees

The board may offer retirees a supplemental policy that provides secondary coverage to other employer group coverage and certain requirements shall be maintained regarding retiree health coverage and cost sharing.

(1) For employees who retire after September 30, 2005, and who become employed by an employer that provides employees at least 50 percent of the cost of single health insurance coverage and that qualify to receive other employer group health insurance coverage through that employer shall be required to use the employer’s health benefit plan for primary coverage and the Public Education Employees’ Health Insurance Plan may provide supplemental secondary coverage.

(2) For retirees who have spouses with other employer group health insurance coverage available to them through their employer or previous employer, the board may provide such retirees with a supplemental coverage policy to the other employer group health insurance coverage in lieu of full basic medical plan coverage through the plan.

(3) An employer that provides its employees and their spouses with other employer group health insurance coverage may not exclude a retiree, as defined under Section 16-25A-1(13), or his or her spouse from coverage by application of a provision which does not also apply on the same terms and conditions to other retirees or their spouses. No provision of this section requires an employer to amend its plan to provide additional benefits.

(Act 2004-649, 1st Sp. Sess., p. 30, §1.)

§ 16-25A-6 Exclusions

Such health insurance shall not include the following:

(1) Expenses incurred by or on account of an individual prior to the effective date of the plan as to him;

(2) Hearing aids and examinations for the prescription or fitting thereof;

(3) Cosmetic surgery or treatment, except to the extent necessary for correction of damage caused by accidental injury while covered by the plan or as a direct result of disease covered by the plan;

(4) Services received in a hospital owned or operated by the United States government for which no charge is made;

(5) Services received for injury or sickness due to war or any act of war, whether declared or undeclared, which war or act of war shall have occurred after the effective date of this plan;

(6) Expenses for which the individual is not required to make payment;

(7) Expenses to the extent of benefits provided under any employer group plan other than this plan in which the state participates in the cost thereof;

(8) Such other expenses as may be excluded by regulations of the board; and

(9) Coordination of benefit of basic hospital/medical coverage provided herein and any supplemental hospital indemnity, cancer or dental coverage provided herein under the provisions of this article or as may privately be purchased by any employee.

(Acts 1983, No. 83-455, p. 640, §6.)

§ 16-25A-7 Authorization and Execution of Contracts; Evidence of Coverage; Denial of Claims

(a) The board may execute a contract or contracts to provide for the benefits or the administration of the plan determined in accordance with this article. The contract or contracts may be executed with one or more agencies or corporations licensed to transact or administer group health insurance business in this state. All of the benefits to be provided under this article may be included in one or more similar contracts issued by the same or different companies. The board also may develop a plan whereby the board may become self-insured upon its finding that the arrangement would be financially advantageous to the state and plan participants.

(b)(1) Before entering into any contract or contracts authorized by subsection (a), the board shall invite competitive bids from all qualified entities who may wish to administer or offer plans for the health insurance coverage or the administrative services desired. The board shall award the contract or contracts on a competitive basis as determined by the benefits afforded, administrative costs, the costs to be incurred by employee, retiree, and employer, the experience of the offering company or agency in the group health insurance field, and its facilities for the handling of claims. In evaluating these factors, the board may employ the services of impartial professional insurance analysts or actuaries.

(2) The board shall reevaluate the contract or contracts yearly, and renegotiate all contracts, except for contracts for Medicare retiree health care, on a competitive basis at least every three years. Contracts for Medicare retiree health care shall be renegotiated on a competitive basis at least every five years.

(c) The board may authorize the carrier with whom the primary contracts are executed to reinsure portions of the contract with other carriers which elect to be a reinsurer and who are legally qualified to enter into reinsurance agreement under the laws of this state.

(d) Each employee or retired employee who is covered by the plan provided pursuant to this article shall receive evidence of the coverage. In addition, each employee or retired employee shall receive, upon request, information setting forth the benefits to which the employee or retired employee and his or her dependents are entitled, to whom the benefits shall be payable, to whom claims shall be submitted, and a summary of the provisions of the plan as they affect the employee and his or her dependents.

(e) The plan shall require adequate notice in writing to any participant whose claim for benefits under the plan has been denied, setting forth the specific reasons for the denial, and shall afford a reasonable opportunity to any participant whose claim for benefits has been denied for a full and fair review by the claims administrator upon the written request of the participant, within 60 days after the date of denial, setting forth the specific reasons for review. The claims administrator shall provide in writing, within 60 days after the request for review, a final determination of the claim, provided that an extension of 60 days may be obtained upon written notification to the participant. Review of a final decision by the claims administrator shall be by the Circuit Court of Montgomery County as provided for the review of contested cases under the Alabama Administrative Procedure Act, Section 41-22-20.

(f) The board, at the end of any contract period, may discontinue any contract or contracts the board has executed with any carrier and replace same with a contract or contracts with any other carrier or carriers meeting the requirements of this article.

(g) The Public Education Employees’ Health Insurance Board may enter into contracts of the State Employees’ Insurance Board which were awarded through a competitive bid process, upon the mutual consent of the State Employees’ Insurance Board and the contractor.

(Acts 1983, No. 83-455, p. 640, §7; Act 2004-646, 1st Sp. Sess., p. 6, §3; Act 2025-193, §1.)

§ 16-25A-8 Funding of Health Insurance Plan; Participation; Public Education Employees’ Health Insurance Fund

(a) The Public Education Employees’ Health Insurance Board is hereby authorized to provide under the contract or contracts entered into under the provisions of this article an insurance benefit plan for each covered employee and, under certain conditions, retired employees; the cost of such plan may be funded in part or in full through monthly premiums per active employee from the same source of funds as those used for the payment of salaries of active members and in part from other funds.

(b) On or before January 1 next preceding each regular meeting of the Legislature, the board shall certify to the Governor and to the Legislature the amount or amounts necessary to fund coverage for benefits authorized by this article for the following fiscal year for employees and for retired employees as a monthly premium per active member per month. The Legislature shall set the premium rate in the annual appropriation bill.

(c) Any eligible retired employee may elect to participate in the plan authorized by this article provided that such retired employee shall agree to have withheld the employee contribution from each monthly retirement payment.

(d) For any fiscal year in which the monthly premium certified under subsection (a) for hospital/medical insurance per eligible employee is less than the cost of the coverage per eligible employee, then the difference in cost per eligible employee shall be submitted for each eligible employee by the employing board, institution, or agency monthly to the board, the sum of which may be any combination of employee funds collected through monthly payroll deduction and employing board, institution or agency funds; in any fiscal year in which the monthly premium for hospital/medical insurance for retired employees is less than the cost of the coverage, then the difference in cost per eligible retired employee as defined in subsection (c) shall be withheld from the monthly retirement check of the retired employee.

(e) Each employee and retired employee shall be entitled to have his or her spouse and dependent children, as defined by the rules and regulations of the board, included in the coverage provided upon agreeing to pay the employee’s contribution of the health insurance premium for such dependents. The board shall adopt regulations governing the discontinuance and resumption by such employees of coverage for dependents, and in the event of the death of an employee or retired employee, provisions whereby their spouse and dependents may elect to continue that coverage; provided, however, that the spouse and dependents shall pay the full cost of their coverage. During any period in which an employee’s or retired employee’s dependents are covered under this article, there shall be withheld from the salary payment of such employee or the monthly retirement allowance of such retired employee, the employee’s contribution of the health insurance premium for coverage of such dependents under the terms of any contract, contracts, or arrangement entered into in accordance with the provisions of this article.

(f) There is hereby created in the State Treasury a fund to be known as the Public Education Employees’ Health Insurance Fund. Such fund shall consist of and there shall be deposited into such fund all employer paid premiums under the provisions of subsection (b) of this section and all premiums paid by employees and retired employees under the provisions of this section and any other premiums paid under the provisions of this article. The board shall designate a custodian of this fund who shall be authorized to make deposits into and payments therefrom in accordance with contracts entered into by the board; in addition, any income arising from the investment or deposit of the assets of the fund shall accrue solely to the benefit of the fund.

(g) Any state appropriation from the Education Trust Fund for the fiscal year ending September 30, 1984, and any subsequent fiscal year employer premium payments for hospital/medical insurance for eligible employees as defined under the provisions of this article which are made by any institution, board, or agency whether heretofore or hereafter made, shall be deposited in the fund created in subsection (f) of this section and shall be used to fund coverage for the benefits authorized by the provisions of this article. Disbursement of such funds shall be in accordance with the provisions of subsection (b) of this section.

(h) Premiums required to be paid by the employer together with any premiums deducted from employees’ compensation shall be paid to the Public Education Employees’ Health Insurance Fund on the first day of the month for which coverage is applicable and the first day of each month thereafter. Monthly reports of the coverage type and premium amount for each covered employee shall be submitted in a format prescribed by the Public Education Employees’ Health Insurance Fund.

(i) Each university which has not elected to participate in the Public Education Employees’ Health Insurance Plan shall pay the cost of insuring each employee retired from such university who elects to participate under the Public Education Employees’ Health Insurance Plan. Such costs shall be determined in the same manner as is determined for all other retired employees by using the previous fiscal year’s claims for all retired employees increased by the expected claims trend for the current fiscal year, as provided by the Public Education Employees’ Health Insurance Board’s claims administrator. Such amount shall be reduced by the premiums to be paid by the retired employees during the current fiscal year. The Public Education Employees’ Health Insurance Board shall invoice each university monthly, and the university shall pay the board within 30 days of the date of the date of the invoice. If payment is not made within 30 days, the Department of Finance is hereby authorized to pay the amount due to the Public Education Employees’ Health Insurance Fund directly from funds appropriated to the university.

(Acts 1983, No. 83-455, p. 640, §8; Acts 1995, No. 95-538, p. 1100, §12; Act 2003-473, p. 1470, §1; Act 2004-646, 1st Sp. Sess., p. 6, §3.)

§ 16-25A-8.1 Retiree Contribution Based on Years of Service

(a) The board shall set forth the employer contribution to the health insurance premium for each retiree class.

(b)(1) Except as provided in subdivision (2), for employees who retire after September 30, 2005, but before January 1, 2012, the employer contribution of the health insurance premium set forth by the board for each retiree class shall be reduced by two percent for each year of service less than 25 and increased by two percent for each year of service over 25 subject to adjustment by the board for changes in Medicare premium costs required to be paid by a retiree. In no case shall the employer contribution of the health insurance premium exceed 100 percent of the total health insurance premium cost for the retiree.

(2) Employees who retire on disability and apply for Social Security Disability shall be exempt from this subsection for a period of two years and thereafter if the employee is approved for Social Security Disability.

(c)(1) Except as provided in subdivision (2), for employees who retire after December 31, 2011, the employer contribution to the health insurance premium set forth by the board for each retiree class shall be reduced by four percent for each year of service less than 25 and increased by two percent for each year of service over 25, subject to adjustment by the board for changes in Medicare premium costs required to be paid by a retiree. In no case shall the employer contribution of the health insurance premium exceed 100 percent of the total health insurance premium cost for the retiree.

(2) Employees who retire on disability and apply for Social Security Disability shall be exempt from this subsection for a period of two years and thereafter if the employee is approved for Social Security Disability.

(d) For employees who retire after December 31, 2011, who are not covered by Medicare, regardless of years of service, the employer contribution to the health insurance premium set forth by the board for each retiree class shall be reduced by a percentage equal to one percent multiplied by the difference between the Medicare entitlement age and the age of the employee at the time of retirement as determined by the board. This reduction in the employer contribution shall cease upon notification to the board of the attainment of Medicare coverage.

(e) No later than October 1, 2016, the net employer contribution to the health insurance premium for employees who retire after December 31, 2011, shall not exceed the amount of the employer contribution to cover the cost of an active employee.

(f) For an employee who has elected to participate in the Deferred Retirement Option Plan (DROP), as defined under Section 16-25-150 and 36-27-170, the date the participant entered DROP is considered his or her retirement date for the purposes of Act 2011-704 only, provided that the DROP participant: (1) Does not voluntarily terminate participation in DROP within the first three years; and (2) withdraws from service at the end of the DROP participation period.

(Act 2004-649, 1st Sp. Sess., p. 30, §2; Act 2009-607, p. 1771, §1; Act 2011-704, p. 2178, §1.)

§ 16-25A-9 Eligible Employees Covered

(a) All employees and, under certain conditions, retired employees as defined in Section 16-25A-1 at the time of adoption and execution by the board of a contract or other arrangement providing for group health insurance plans and who are eligible for coverage under the provisions of this article and the rules and regulations of the board adopted pursuant thereto shall have the option to be included in such coverage of the plan and shall have an option as to whether they will subscribe to such coverage for their dependents, such option to be exercised in the manner and within the time limitation prescribed by the board.

(b) All persons who become employees, as defined by the terms of this article and the rules and regulations promulgated by the board pursuant thereto, shall become eligible for membership in the group health insurance plan offered by their employing board and shall have an option as to whether they will subscribe to such coverage for their dependents; provided, that such coverage may be deferred during any reasonable waiting period provided in the contract or contracts.

(Acts 1983, No. 83-455, p. 640, §9; Act 2004-646, 1st Sp. Sess., p. 6, §3.)

§ 16-25A-10 Payment to Physician, Hospital, Etc., Furnishing Service or to Insured

Any benefits payable under the plan adopted may be paid either directly to the attending physician, hospital, medical group or other furnishing the service upon which the claim is based or to the insured employee upon presentation of valid bills for such services; subject to such provisions designed to facilitate payment as may be made by the board.

(Acts 1983, No. 83-455, p. 640, §10.)

§ 16-25A-11 Employees in Teachers’ Retirement System May Vote to Be Covered by Article; Election Irrevocable; Contribution by Employer

Any board, agency, organization, or association which participates in the Teachers’ Retirement System of Alabama, but whose employees are not included in the definition of employee in Section 16-25A-1 may, by resolution legally adopted to conform to rules prescribed by the board and upon a majority vote of its employees, elect to have its employees and under certain conditions its retired employees covered by the provisions of this article, provided such board, agency, organization, or association shall contract to pay the full cost of coverage for each such employee in the amounts set forth by the board and as defined in Section 16-25A-1 for a full-time employee; participation, once elected, is irrevocable. Each retired employee shall be given the option to participate under the provisions of Section 16-25A-8(c) provided any employer electing to have its employees covered by this section, shall contribute on account of each of its retired employees an amount equal to any amount appropriated by the state to fund benefits for retired employees. The board shall develop rules and regulations governing the operation of this section which shall contain but not be limited to entry and withdrawal from the plan.

(Acts 1983, No. 83-455, p. 640, §11.)

§ 16-25A-12 Employees May Elect Not to Participate; Full State Funding; Subsequent Election to Participate

(a) Any board of education, institution, or other employer with employees as defined by Section 16-25A-1, may, upon a majority vote of its employees, elect not to participate in the basic medical plan authorized by the provisions of this article; provided, however, that for any fiscal year ending September 30 the Legislature appropriates the full amount certified pursuant to Section 16-25A-8(b), the board shall declare the plan of insurance coverage to be fully state-funded whereupon all employees of any board of education, institution, or other employer as defined hereinabove shall for that fiscal year and all subsequent fiscal years be declared members of the Public Education Employees’ Health Insurance Plan.

(b) Any employer electing not to participate in the basic medical plan shall certify to the board the names of their employees otherwise electing hospital/medical coverage. The board shall disburse monthly to each employer so electing, the amount appropriated per individual by the Legislature so certified in accordance with such rules and regulations as the board shall adopt; such amount shall be used to purchase plan(s) as approved by election of the majority of the participating employees; provided, however, any funds not so used in the fiscal year shall revert to the fund.

(c) Once an employer has elected not to participate in the basic medical plan authorized by this article, such employer may subsequently elect, under such rules and regulations and at such times as the board shall prescribe, to participate in the basic medical plan authorized by this article; participation, once elected, is irrevocable.

(Acts 1983, No. 83-455, p. 640, §12.)

§ 16-25A-13 Advisory Committee

[Repealed]

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(Acts 1983, No. 83-455, p. 640, §13.)

§ 16-25A-14 Companies Presently Providing Supplemental Coverage to Have Access to Payroll Deduction

All insurance companies presently providing hospital indemnity coverage, cancer insurance and dental coverage as supplemental coverage for the employees of any board of education, institution, or other employer as defined in Section 16-25A-1 at July 14, 1983, shall have access to payroll deduction.

(Acts 1983, No. 83-455, p. 640, §14.)

§ 16-25A-15 Rules and Regulations

The Public Education Employees’ Health Insurance Board shall promulgate such rules and regulations as may be required for the effective administration of the provisions of this article.

(Acts 1983, No. 83-455, p. 640, §15.)

§ 16-25A-16 Coordination with State Employees’ Health Insurance Board

Once the Legislature has fully funded the Public Education Employees’ Health Insurance Program, the Public Education Employees’ Health Insurance Board and the State Employees’ Health Insurance Board shall coordinate and equalize benefits so that both groups shall be insured and funded equally.

(Acts 1983, No. 83-455, p. 640, §16.)

§ 16-25A-17 Partial Funding of Health Insurance Coverage for Retired Employees; Method of Determining Amount; Provisions Supplemental

(a)(1) Any premiums paid to the Public Education Employees’ Health Insurance Board for active employees shall include an amount to partially fund the cost of coverage for retired employees. Notwithstanding the foregoing, if the plan becomes fully funded pursuant to this article, this section shall not apply.

(2) The amount authorized by subdivision (1) of this subsection shall not be less than an amount determined by multiplying the number of retired employees by an individual retired employee rate. The individual retired employee rate shall be determined by multiplying the full cost of coverage for a retired employee eligible to receive benefits under the federal Medicare program times the fractional amount derived by dividing the current individual premium for an employee not eligible for benefits under the federal Medicare program by the full cost of coverage for an employee not eligible to receive benefits under the federal Medicare program. The Public Education Employees’ Health Insurance Board may provide additional premium payments for retirees in addition to the minimum amount guaranteed herein to the extent that it does not exceed the amount of their premium as established by the board. Any additional funding for premium amounts which may be provided to retirees with individual coverage who are not eligible for benefits under the federal Medicare program by the Public Education Employees’ Health Insurance Board shall not have the effect of reducing the out-of-pocket cost below the total out-of-pocket cost paid by retirees with individual coverage who are eligible for benefits under the federal Medicare program. The total out-of-pocket cost for the retirees with individual coverage who are eligible for benefits under the federal Medicare program shall be determined by the combined cost of part B of the federal Medicare program and the Medicare supplement program provided by the Public Education Employees’ Health Insurance Program.

(3) Any premium payments made pursuant to this section shall be deposited in the same fund and handled pursuant to the same manner as if made under this article.

(b) This section is supplemental and shall be construed in pari materia with other statutes relating to health insurance coverage for educational personnel.

(Acts 1984, No. 84-284, p. 491, §2; Acts 1995, No. 95-538, p. 1100, §13; Acts 1996, No. 96-373, p. 457, §1.)

§ 16-25A-17.1 Assistance to Low Income Employees and Retirees

The board shall provide assistance to low income employees and retirees who meet the federal poverty levels defined in this section, effective October 1, 2005, and for each fiscal year thereafter.

(1) For employees and retirees who contribute to the cost of their health insurance premium and with annual income (determined as provided below on an aggregate basis for an employee or retiree and spouse) equal to or below 300 percent of the federal poverty level, the employee or retiree contribution shall be reduced as follows:

a. For employees or retirees with annual income equal to or less than 100 percent of the federal poverty level, the employee contribution will be calculated using 50 percent of the applicable premium.

b. For employees or retirees with annual income equal to or less than 150 percent of the federal poverty level, but more than 100 percent of the federal poverty level, the employee contribution will be calculated using 60 percent of the applicable premium.

c. For employees or retirees with annual income equal to or less than 200 percent of the federal poverty level, but more than 150 percent of the federal poverty level, the employee contribution will be calculated using 70 percent of the applicable premium.

d. For employees or retirees with annual income equal to or less than 250 percent of the federal poverty level, but more than 200 percent of the federal poverty level, the employee contribution will be calculated using 80 percent of the applicable premium.

e. For employees or retirees with annual income equal to or less than 300 percent of the federal poverty level, but more than 250 percent of the federal poverty level, the employee contribution will be calculated using 90 percent of the applicable premium.

(2) An application procedure shall be devised and implemented by the board through which employees and retirees may apply for the federal poverty level assistance described in this section. For purposes of applying for federal poverty level assistance, the annual income of an employee or retiree shall be aggregated with the annual income of the spouse of such employee or retiree and shall include all sources of income including, but not limited to, wages, pension benefits, and Social Security benefits, that may be included in gross income for purposes of federal income taxation. Applicants must submit with their application a copy of their federal tax return and, if the applicant did not file a joint return with his or her spouse, a copy of the spouse’s federal tax return. Any reduction in an employee’s or retiree’s contribution pursuant to this section shall not be considered income of the employee or retiree for purposes of determining Medicaid eligibility for such employee or retiree.

(Act 2004-646, 1st Sp. Sess., p. 6, §4; Act 2011-704, p. 2178, §1.)

§ 16-25A-18 Generic Equivalent Medications

As a condition of participation in the Public Education Employees Health Insurance Programs (PEEHIP), a pharmacist shall dispense a generic equivalent medication to fill a prescription for a patient covered by PEEHIP when one is available unless the physician indicates in longhand writing on the prescription, indicates by mark or signature in the appropriate place on the prescription, or indicates in an electronic prescription, the following: “medically necessary” or “dispense as written” or “do not substitute”. The generic equivalent drug product dispensed shall be pharmaceutically and therapeutically equivalent and contain the same active ingredient or ingredients, and shall be of the same dosage, form, and strength.

(Act 2002-266, p. 549, §1; Act 2016-304, §1.)

§ 16-25A-19 Maintenance of Records; Annual Report

The board shall maintain records in sufficient detail to accurately determine the total health insurance costs and the contributions toward health insurance premiums by employees and retirees, separately and in composite form. Not later than 90 days after the end of each fiscal year the board shall prepare a written report that contains a calculation of the total cost of health insurance premiums for such fiscal year and the amount of contributions by employees and retirees to the cost of such health insurance premiums and the cost of such coverage that shall be paid by the employer for the next fiscal year and the total savings to the state realized by the enactment of Act 2004-646, Act 2004-647, Act 2004-648, Act 2004-649, and Act 2004-650 in the First Special Session of 2004. Such report shall contain sufficient detail to determine the total cost of health insurance premiums for each class of employees or retirees and the amount of contributions by each class of employees or retirees. Such report shall be prepared or verified by an independent firm employed by the board with skill and experience in reporting for such matters.

(Act 2004-646, 1st Sp. Sess., p. 6, §4.)

§ 16-25A-20 Submitting False Information

Any employee or retiree knowingly and willfully submitting materially false information to the board or engaging in fraudulent activity that causes financial harm to the plan may, upon a determination by the board: (1) repay all claims and other expenses, including an interest charge based on the applicable interest rate paid by the state under Section 40-1-44, incurred by the health insurance plan related to the intentional failure to comply with the rules and procedures of the board or the intentional submission of false or misleading information or fraudulent activity, and (2) may be subject to being disqualified from coverage under the plan.

(Act 2004-646, 1st Sp. Sess., p. 6, §4; Act 2011-704, p. 2178, §1.)

§ 16-25A-21 Flexible Employees’ Benefits Programs

Employee premium contributions shall be deducted, by all employers, from payroll on a pretax basis as permitted under Section 125 of the Internal Revenue Code. The board is authorized to transfer the necessary funds from the Public Education Employees’ Health Insurance Plan to the fund established by the Public Education Flexible Employees Benefit Board for the administration of the Public Education Flexible Employees Benefits Program. All public education employees shall be offered flexible spending accounts by employers for pretax deductions for medical and childcare expenses.

(Act 2004-646, 1st Sp. Sess., p. 6, §4.)

Article 2 Public Education Flexible Emplpyees’ Benefits Program

§ 16-25A-40 Legislative Findings

The Legislature finds that private employers have provided their employees with flexible employee benefit plans which provide a savings both to the employer and the employee, and that the State of Alabama, its departments and agencies, may provide the same tax-effective benefits to its public education employees. It is, therefore, the intent of the Legislature to provide for the establishment of one statewide, universal “cafeteria plan” or flexible employee benefit plan to be made available to all employees in public education in compliance with the Internal Revenue Code of 1986, and to implement the plan in accordance with the rules and regulations established by the Public Education Flexible Employees’ Benefit Board created by this article.

(Act 2004-650, 1st Sp. Sess., p. 31, §1.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

Chapter 25B Retirement Trust for Football Coaches of Public Institutions of Higher Learning

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

Chapter 25C Public Education Defined Contribution Savings Plan

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

Chapter 25D Education Retirees’ Trust Fund Funding Act of 2021

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 16-25D-7 Source of Funding; Use of Assets; Amendment or Modification of Trust Fund; Tax Exemption; Annual Financial Statements

(a)(1) The sources of funding to the trust fund may consist of all of the following:

a. Investment income.

b. Proceeds of any gifts, grants, or contributions.

c. Revenue sources as directed by the Legislature.

d. Revenue sources other than direct appropriations by the Legislature.

(2) The sources of funding to the trust fund may not consist of Education Trust Fund revenue and those revenues are expressly prohibited from that use. The trust fund shall be funded from sources other than the Education Trust Fund.

(b) The agreements creating the trust fund shall be irrevocable and the assets of the trust fund may not be expended, disbursed, loaned, or transferred, or used for any purpose other than to acquire permitted investments, pay administrative expenses, and provide periodic bonus checks to or for retired employees and their beneficiaries. The Legislature may not appropriate the assets of the trust fund.

(c) Upon certification from the actuary of the Teachers’ Retirement System that the assets of the trust fund are above and beyond the minimum trust fund balance of one hundred million dollars ($100,000,000) and sufficient to fund periodic bonus checks as provided for by legislation granting the periodic bonus checks, the trustees shall transfer the amount of assets certified by the board of control to the Teachers’ Retirement System to fund those bonuses or increases.

(d) Notwithstanding subsection (c), the trustees may amend or modify the trust fund, consistent with the legislative intent of this chapter, in any of the following circumstances:

(1) If, in the opinion of counsel for the trustees, it is necessary or advisable to obtain any material tax advantage or avoid any material adverse tax result.

(2) If, in the opinion of an independent accountant for the trustees, it is necessary or advisable to cause the trust fund to be considered a post-employment benefits trust fund in accordance with generally accepted governmental accounting principles as prescribed by the Governmental Accounting Standards Board, or its successor.

(3) If, in response to a petition of the trustees requesting that the trust fund be amended, a court of competent jurisdiction determines that the amendment is necessary or advisable to accomplish the purposes of this chapter.

(e) All assets and income of the trust fund shall be exempt from taxation by the state or any political subdivision thereof. The assets of the trust fund are not subject to the claims of creditors of the state, the board of control, trustees, plan administrators, employees, retired employees, or beneficiaries, and are not subject to execution, attachment, garnishment, the operation of bankruptcy, insolvency laws, or any other process whatsoever, and no assignment thereof shall be enforceable in any court.

(f) The trustees shall prepare the annual financial statements of the trust fund in accordance with generally accepted governmental accounting principles and shall provide for an audit of those financial statements for each fiscal year to be conducted by a qualified independent certified accounting firm in accordance with generally accepted auditing standards.

(Act 2021-464, §7.)

§ 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.)

§ 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.)

§ 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.)

Chapter 26 High Schools Generally

§ 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.)

§ 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.)

§ 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.)

Chapter 26A Alabama High School of Mathematics and Science

§ 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.)

§ 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.)

§ 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.)

§ 16-26A-4 Board of Directors Generally

(a) There is hereby created a board of directors for the school, sometimes hereinafter referred to as the “board.” The board shall be composed of 21 members as follows:

(1) The State Department of Education assistant state superintendent in charge of curriculum development, or his or her designee.

(2) The Chancellor of the University of Alabama System, or his or her designee.

(3) The President of Auburn University, or his or her designee.

(4) The President of the University of South Alabama, or his or her designee.

(5) The President of Alabama A&M University, or his or her designee.

(6) The Chair of the Alabama High School of Mathematics and Science Foundation.

(7) The Chair of the House Standing Committee on Education, or his or her designee.

(8) The Chair of the Senate Standing Committee on Education, or his or her designee.

(9) The Chair of the House Standing Committee on Ways and Means Education, or his or her designee.

(10) The Chair of the Senate Standing Committee on Finance and Taxation Education, or his or her designee.

(11) The Coordinator of Mobile County Special Education.

(12) One instructor who is a member of the faculty, elected annually by faculty members.

(13) Nine members to be appointed by the Governor, one member from each congressional district and two members appointed at large, who shall be residents of Mobile or Baldwin Counties, all of whom shall be from business and industry; at least two of the appointees shall be minorities.

(b) The terms of the nine members appointed by the Governor shall be for six years, except for original appointees who shall serve staggered terms with three appointees serving two years, three appointees serving four years, and three appointees serving six years. The terms of the initial members who are elected officials, or their respective designees, shall commence with their appointment, run concurrently with their terms of office, and shall end when their successors take office. The terms of members who are not serving by virtue of an elected office shall commence with their appointment and shall end when their successor is appointed. All members may succeed themselves.

(c)(1) The board may perform the following functions:

a. Accept donations, bequests, or other forms of financial assistance for educational purposes from any public or private person or agency and comply with rules and regulations governing grants from the federal government or from any other person or agency, which are not in contravention of the constitution and laws.

b. Purchase land and equipment and make improvements to facilities necessary for the use of the school, in accordance with applicable law.

c. Lease land or other property belonging to it or to the school.

d. Sell or exchange land or other real property not needed for school purposes, but only when specifically authorized by law and then only in accordance with the procedures provided for the sale of unused school lands. The sale shall be authorized by resolution adopted by the board, and the act of sale shall be signed by the president of the board or such other person to whom the signing may be delegated by the board in the authorizing resolution.

e. Adopt, amend, or repeal rules, regulations, and policies necessary or proper for the conduct of the business of the board.

f. Award certificates and issue diplomas for successful completion of programs of study. All certificates and diplomas shall be in addition to a regular high school diploma which shall be issued by the state board in accordance with state law to any student who successfully completes the program of study adopted by the board.

g. Enter into contracts and agreements which have been recommended by the director, in accordance with applicable law, and to the extent that funds are specifically appropriated therefor, with other public agencies with respect to cooperative enterprises and undertakings related to or associated with an educational purpose or program affecting education in the school. This shall not preclude the board from entering into other contracts and agreements that it may deem necessary to carry out its duties and functions.

h. Perform such other functions as are necessary to the supervision and control of those phases of education under its supervision and control.

(2) The board shall delegate to the director such of its powers and duties as it deems appropriate to aid the director in the efficient administration of his or her responsibility for the implementation of the policies of the board.

(3) In addition to the authorities granted herein and any powers, duties, and responsibilities vested by any other applicable laws, the board shall perform the following duties:

a. Adopt rules, regulations, and policies necessary for the efficient operation of the school.

b. Establish criteria to be used in determining eligibility of applicants for enrollment.

c. Determine subjects and extracurricular activities to be offered. Subjects shall initially be subject to approval by the state board, and thereafter, changes in the subjects shall be subject to approval by the state board.

d. Select a director who shall be the chief administrative officer of the school and who shall administer the rules, regulations, and policies adopted by the board pursuant hereto. The director shall also be the chief administrative officer of the board and shall be responsible for all the administrative functions, duties, and needs of the board. Until such time as the board selects a director, the State Superintendent of Education shall serve as the chief administrative officer of the board and shall be responsible for the duties of the director as they relate to the board. The State Superintendent of Education shall relinquish administrative duties to the director when the director officially assumes his duties with the board.

e. Determine faculty and staff positions necessary for the efficient operation of the school and select personnel for those positions.

f. Prepare and adopt an annual budget necessary for the continued operation of the school.

g. Pay the expenses, per diem, and travel expenses of the board and its members, which shall be the same as allowed state employees when the board member is traveling on board business. Pay the salaries and expenses, including, but not necessarily restricted to, facilities, equipment, and supplies of the faculty and staff of the school out of funds appropriated or otherwise made available for the operating and administrative expenses of the board and the school.

h. Exercise budgetary responsibility and allocate for expenditure by the school and programs under its jurisdiction all moneys appropriated or otherwise made available for purposes of the board and of the school and programs.

i. Prescribe and select for use in the school free school books and other materials of instruction for children enrolled in the school and programs under its jurisdiction for which the Legislature provides funds. Wherever practical, the board shall select the same school books and other materials of instruction as are adopted by the state board.

j. Prepare and adopt or approve programs of study and rules, bylaws, and regulations for the discipline of students and for the government of the school and programs under its jurisdiction, which shall not be inconsistent with law and which shall be enforced by the staff and faculty of the school. Programs of study shall initially be subject to approval by the state board, and thereafter, any changes in programs of study shall be subject to approval by the state board.

k. Notwithstanding any provisions of law to the contrary, prescribe the qualifications and provide for the certification of teachers.

l. Notwithstanding any provision of law to the contrary, adopt rules and regulations under which faculty members may become permanent employees of the school.

m. Develop and adopt a formula or system under which students shall be admitted. The formula or system shall be sufficient to insure that at least one qualified applicant for admission from within the geographical boundaries of each city and county school system shall be eligible for admission to the school each year. If no qualified applicant from a city or county public school system applies for admission, then the slot(s) available to that school system shall be lost to that system for that school year and shall be reallocated by the board to provide for the admission of qualified applicants from other public systems.

n. Adopt rules and regulations to provide for the evaluation of any applicant who has not been evaluated but who meets all other criteria for participation in the program.

(d) Twelve members of the board shall constitute a quorum for the transaction of business, and all official action of the board shall require the favorable vote of a majority of those members present and voting.

(e) Members of the board shall be compensated for all actual vouchered expenses incurred in the performance of their duties and functions as required by this chapter. Expenses shall be paid by the director from funds appropriated therefor by the Legislature and upon the warrant of the board.

(f) The board of directors shall serve as the local educational agency for the school.

(Acts 1989, No. 89-880, p. 1772, §4; Act 2002-500, p. 1293, §1.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

Chapter 26B Alabama School of Fine Arts

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 16-26B-7 School Year; Summer Programs; Short Courses; Extension Courses; Admission; Extracurricular Activities

(a) The school may, at the discretion of the school 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 summer programs.

(b) Summer programs may be offered for full-time students and for students who qualify to attend the school during summer periods.

(c) The school may offer short courses, workshops, seminars, weekend instructional programs, and other innovative programs for students not enrolled as full-time students in the school.

(d) The school, at the discretion of the school board, may provide extension courses on the campuses of other educational institutions within the state.

(e) The school shall admit students who meet the qualifications and conditions set by the executive director and approved by the school board.

(f) Whenever possible, the school shall offer extracurricular activities of the type found in public secondary schools in the state.

(Acts 1992, No. 92-531, p. 1070, §§7, 8.)

§ 16-26B-8 High School of Mathematics and Science Programs

It is not the intent of this Legislature to conflict with existing or future programs of the Alabama High School of Mathematics and Science as codified as Sections 16-26A-1 through 16-26A-9.

(Acts 1992, No. 92-531, p. 1070, §10.)

Chapter 26C Alabama Education Foundation

§ 16-26C-1 Legislative Findings and Intent

[Repealed]

Repealed by Act 2014-372, §2, effective April 9, 2014.

(Acts 1992, 2nd Ex. Sess., No. 92-716, p. 212, §1; Act 98-319, p. 535, §7.)

§ 16-26C-1.1 Letson Grants

[Repealed]

Repealed by Act 2014-372, §2, effective April 9, 2014.

(Act 98-319, p. 535, §2.)

§ 16-26C-1.2 Definitions

[Repealed]

Repealed by Act 2014-372, §2, effective April 9, 2014.

(Act 98-319, p. 535, §1.)

§ 16-26C-2 Incorporation Authorized

[Repealed]

Repealed by Act 2014-372, §2, effective April 9, 2014.

(Acts 1992, 2nd Ex. Sess., No. 92-716, p. 212, §2; Act 98-319, p. 535, §8.)

§ 16-26C-3 Application for Incorporation

[Repealed]

Repealed by Act 2014-372, §2, effective April 9, 2014.

(Acts 1992, 2nd Ex. Sess., No. 92-716, p. 212, §3.)

§ 16-26C-4 Certificate of Incorporation

[Repealed]

Repealed by Act 2014-372, §2, effective April 9, 2014.

(Acts 1992, 2nd Ex. Sess., No. 92-716, p. 212, §4; Act 98-319, p. 535, §9.)

§ 16-26C-5 Board of Trustees and Officers

[Repealed]

Repealed by Act 98-319, p. 535, § 13, effective October 1, 1998.

(Acts 1992, 2nd Ex. Sess., No. 92-716, p. 212, §5.)

§ 16-26C-5.1 Duties of State Superintendent and Chief Executive Officer of Teachers’ Retirement System

[Repealed]

Repealed by Act 2014-372, §2, effective April 9, 2014.

(Act 98-319, p. 535, §6.)

§ 16-26C-6 Purpose of the Foundation

[Repealed]

Repealed by Act 2014-372, §2, effective April 9, 2014.

(Acts 1992, 2nd Ex. Sess., No. 92-716, p. 212, §6; Act 98-319, p. 535, §3.)

§ 16-26C-7 Powers of the Foundation

[Repealed]

Repealed by Act 2014-372, §2, effective April 9, 2014.

(Acts 1992, 2nd Ex. Sess., No. 92-716, p. 212, §7.)

§ 16-26C-8 Acceptance of Appropriations, Gifts, and Grants

[Repealed]

Repealed by Act 2014-372, §2, effective April 9, 2014.

(Acts 1992, 2nd Ex. Sess., No. 92-716, p. 212, §8; Act 98-319, p. 535, §10.)

§ 16-26C-9 Management and Disbursement of Assets and Earnings

[Repealed]

Repealed by Act 2014-372, §2, effective April 9, 2014.

(Acts 1992, 2nd Ex. Sess., No. 92-716, p. 212, §9; Act 98-319, p. 535, §4.)

§ 16-26C-10 Reports to the Legislature

[Repealed]

Repealed by Act 2014-372, §2, effective April 9, 2014.

(Acts 1992, 2nd Ex. Sess., No. 92-716, p. 212, §10.)

§ 16-26C-11 Exemptions from Taxation

[Repealed]

Repealed by Act 2014-372, §2, effective April 9, 2014.

(Acts 1992, 2nd Ex. Sess., No. 92-716, p. 212, §11.)

§ 16-26C-12 Nonprofit and Public Nature of the Foundation

[Repealed]

Repealed by Act 2014-372, §2, effective April 9, 2014.

(Acts 1992, 2nd Ex. Sess., No. 92-716, p. 212, §12.)

§ 16-26C-13 Dissolution of the Foundation

[Repealed]

Repealed by Act 2014-372, §2, effective April 9, 2014.

(Acts 1992, 2nd Ex. Sess., No. 92-716, p. 212, §13; Act 98-319, p. 535, §5.)

Chapter 26D Alabama School of Cyber Technology and Engineering

§ 16-26D-1 Legislative Intent

It is the intent of the Legislature to establish an independent, residential school for academically motivated and gifted Alabama students with educational opportunities and experiences in the rapidly growing fields of cyber technology and engineering and to assist teachers, administrators, and superintendents across the state in replicating cyber technology and engineering studies in their own schools.

(Act 2018-480, §1.)

§ 16-26D-2 Definitions

For the purposes of this chapter, the following terms shall have the following meanings:

(1) DEPARTMENT. The State Department of Education.

(2) SCHOOL. The Alabama School of Cyber Technology and Engineering.

(3) STATE BOARD. The State Board of Education.

(4) SUPERINTENDENT. The State Superintendent of Education.

(Act 2018-480, §2.)

§ 16-26D-3 Creation; Governance; Coordination of Programs and Curriculum

(a) There is created a program to be called the Alabama School of Cyber Technology and Engineering, which shall be a residential institution located in Huntsville in Madison County, at a site to be determined by the board of trustees. The school may open and formally begin operation with the fall semester of 2020. The school shall be funded by the state from monies appropriated for the school and grants, donations, and funds from any other source including, but not limited to, corporations, individuals, and foundations.

(b) The school shall be governed by a board of trustees whose membership, powers, duties, and responsibilities shall be as provided in this chapter.

(c) The school shall coordinate its programs and curriculum with the department, but shall be independent of the control of the superintendent, the state board, and any local board of education except its board of trustees, unless otherwise provided by this chapter.

(Act 2018-480, §3.)

§ 16-26D-4 Board of Trustees - Composition; Terms

(a) There is created a board of trustees for the school. The board of trustees shall be composed of the following members:

(1) An assistant state superintendent in charge of curriculum development with the department, or his or her designee.

(2) The President of Auburn University, or his or her designee.

(3) The President of the University of Alabama in Huntsville, or his or her designee.

(4) The President of Alabama A&M University, or his or her designee.

(5) The President of Tuskegee University, or his or her designee.

(6) The President of the University of South Alabama, or his or her designee.

(7) The President of the University of Alabama, or his or her designee.

(8) The Chair of the Alabama School of Cyber Technology and Engineering Foundation.

(9) The Chair of the House Ways and Means Education Committee, or his or her designee.

(10) The Chair of the Senate Finance and Taxation Education Committee, or his or her designee.

(11) The Chancellor of the Alabama Community College System, or his or her designee.

(12) Eight members to be appointed by the Governor, one member from each congressional district and one member appointed at large, who shall be a resident of Madison County. Five of the eight members appointed by the Governor shall have a background in business. The other three members appointed by the Governor may include appointees with backgrounds in academia, government, or other career fields that provide a strong basis for service. The Governor shall make his or her appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state.

(b) The terms of the eight members appointed by the Governor shall be for six years, except for original appointees who shall serve staggered terms with three appointees serving two years, three appointees serving four years, and two appointees serving six years. The terms of the initial members who are elected officials, or their respective designees, shall commence with their appointment, run concurrently with their terms of office, and shall end when their successors take office. The terms of members who are not serving by virtue of an elected office shall commence with their appointment and shall end when their successor is appointed. All members may succeed themselves. No member shall be appointed for more than three consecutive full terms.

(Act 2018-480, §4.)

§ 16-26D-5 Board of Trustees - Functions

(a) The board of trustees may perform the following functions:

(1) Accept donations, bequests, or other forms of financial assistance for educational purposes from any public or private person or agency and comply with rules and regulations governing grants from the federal government or from any other person or agency, which are not in contravention of the constitution and laws.

(2) Purchase or lease real estate and equipment and make improvements to facilities necessary for the use of the school, in accordance with applicable law.

(3) Lease land or other property belonging to the board of trustees or to the school.

(4) Sell or exchange land or other real property not needed for school purposes, but only when specifically authorized by law and then only in accordance with the procedures provided for the sale of unused school lands. The sale shall be authorized by resolution adopted by the board of trustees, and the act of sale shall be signed by the president of the board of trustees or such other person to whom the signing may be delegated by the board of trustees in the authorizing resolution.

(5) Adopt, amend, or repeal rules, regulations, and policies necessary or proper for the conduct of the business of the board of trustees.

(6) Award certificates and issue diplomas for successful completion of programs of study. All certificates and diplomas shall be in addition to a regular high school diploma which shall be issued by the state board in accordance with state law to any student who successfully completes the program of study adopted by the board of trustees.

(7) Enter into contracts and agreements which have been recommended by the director, in accordance with applicable law, and to the extent that funds are specifically appropriated therefor, with other public agencies with respect to cooperative enterprises and undertakings related to or associated with an educational purpose or program affecting education in the school. This shall not preclude the board of trustees from entering into other contracts and agreements that the board of trustees may deem necessary to carry out the duties and functions of the board of trustees.

(8) Perform such other functions as are necessary to the supervision and control of those phases of education under the board of trustees.

(b) The board of trustees shall delegate to the executive director those powers and duties the board of trustees deems appropriate to aid the director in the efficient administration of his or her responsibility for the implementation of the policies of the board of trustees.

(c) In addition to the authorities granted in this chapter and any powers, duties, and responsibilities vested by any other applicable laws, the board of trustees shall perform all of the following duties:

(1) Adopt rules, regulations, and policies necessary for the efficient operation of the school.

(2) Establish criteria to be used in determining eligibility of applicants for enrollment.

(3) Determine subjects and extracurricular activities to be offered. Subjects shall initially be subject to approval by the state board, and thereafter, changes in the subjects shall be subject to approval by the state board.

(4) Select a director who shall be the chief administrative officer of the school and who shall administer the rules, regulations, and policies adopted by the board of trustees pursuant to this chapter. The director shall also be the chief administrative officer of the board of trustees and shall be responsible for all the administrative functions, duties, and needs of the board of trustees. Until such time as the board of trustees selects a director, the superintendent shall serve as the chief administrative officer of the board of trustees and shall be responsible for the duties of the director as they relate to the board of trustees. The superintendent shall relinquish administrative duties to the director when the director officially assumes his or her duties with the board of trustees.

(5) Determine faculty and staff positions necessary for the efficient operation of the school and select personnel for those positions.

(6) Prepare and adopt an annual budget necessary for the continued operation of the school.

(7) Pay the expenses, per diem, and travel expenses of the board of trustees and its members, which shall be the same as allowed state employees when the board member is traveling on board business. The board shall also pay the salaries and expenses including, but not limited to, facilities, equipment, and supplies of the faculty and staff of the school out of funds appropriated or otherwise made available for the operating and administrative expenses of the board of trustees and the school.

(8) Exercise budgetary responsibility and allocate for expenditure by the school and programs under its jurisdiction all monies appropriated or otherwise made available for purposes of the board of trustees and of the school and programs.

(9) Prescribe and select for use in the school free textbooks and other materials of instruction for students enrolled in the school and programs under its jurisdiction for which the Legislature provides funds. Wherever practical, the board of trustees shall select the same textbooks and other materials of instruction as are adopted by the state board.

(10) Prepare and adopt or approve programs of study and rules, bylaws, and regulations for the discipline of students and for the government of the school and programs under its jurisdiction, which may not be inconsistent with law and which shall be enforced by the staff and faculty of the school. Programs of study shall initially be subject to approval by the state board, and thereafter, any changes in programs of study shall be subject to approval by the state board.

(11) Any provision of law to the contrary notwithstanding, prescribe the qualifications of teachers at the school, provided that any teacher employed at the school, who does not hold certification, shall hold an advanced degree, or be acknowledged by the board of trustees as an expert, in his or her field of instruction.

(12) Develop and adopt a formula or system under which students shall be admitted. The formula or system shall be sufficient to insure that at least one qualified applicant for admission from within the geographical boundaries of each city and county public school system in the state shall be eligible for admission to the school each year. If no qualified applicant from a city or county public school system applies for admission, then the slots available to that school system shall be lost to that system for that school year and shall be reallocated by the board of trustees to provide for the admission of qualified applicants from other public school systems. Any provision of this subdivision to the contrary notwithstanding, the board of trustees shall admit additional students, utilizing admission criteria provided by the adopted formula or system and as resources and facilities allow, by also taking into consideration the enrollment size of the city or county public school system of the student applicant.

(13) Assist teachers, administrators, and superintendents across the state in replicating cyber technology and engineering best practices in their own schools. Assistance shall include, but not be limited to, classroom observations, workshops, and fostering communities of practice in the areas of cyber technology and engineering.

(14) Adopt rules and regulations to provide for the evaluation of any applicant who has not been evaluated but who satisfies all other criteria for participation in the program.

(d) Nine members of the board of trustees shall constitute a quorum for the transaction of business, and all official action of the board of trustees shall require the favorable vote of a majority of those members present and voting.

(e) Members of the board of trustees shall be compensated for all actual vouchered expenses incurred in the performance of their duties and functions as required by this chapter. Expenses shall be paid by the director from funds appropriated therefor by the Legislature and upon the warrant of the board of trustees.

(f) The board of trustees shall serve as the local educational agency for the school.

(Act 2018-480, §5.)

§ 16-26D-6 Schedules; Enrollment

(a) The school, at the discretion of the board of trustees, shall operate on the same school year basis as all other public schools in the state. Full-time students shall be enrolled for the entire school year and may enroll in the summer program.

(b) A summer program may be offered for full-time students and for students who qualify to attend the school during that period.

(c) The school may also offer short courses, workshops, seminars, weekend instructional programs, and other innovative programs which may be used to offer instruction to students not enrolled as full-time students in the school.

(d) The school, at the discretion of the board of trustees, may provide extension courses and campuses on the campuses of other schools, colleges, and universities within the state.

(Act 2018-480, §6.)

§ 16-26D-7 Extracurricular Activities

Whenever possible, the school may offer such extracurricular activities as may be found in any public secondary school in the state.

(Act 2018-480, §7.)

§ 16-26D-8 Funding

Nothing in this chapter shall be so construed as to prohibit or prevent the board of trustees 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.

(Act 2018-480, §8.)

§ 16-26D-9 Relation to Other Programs

It is not the intent of this Legislature to conflict with existing or future programs of the Alabama High School of Mathematics and Science, Chapter 26A of this title, or the Alabama School of Fine Arts, Chapter 26B of this title.

(Act 2018-480, §9.)

Chapter 26E Alabama School of Healthcare Sciences

§ 16-26E-1 Legislative Intent

It is the intent of the Legislature to establish an independent, state-wide, residential school for academically and professionally motivated Alabama students with educational opportunities and experiences in science, technology, engineering, math, and medicine (STEMM) and in the healthcare sciences to address the chronic healthcare workforce shortage in Alabama.

(Act 2024-192, §1.)

§ 16-26E-2 Definitions

For the purposes of this chapter, the following terms have the following meanings:

(1) DEPARTMENT. The State Department of Education.

(2) SCHOOL. The Alabama School of Healthcare Sciences.

(3) STATE BOARD. The State Board of Education.

(4) SUPERINTENDENT. The State Superintendent of Education.

(Act 2024-192, §2.)

§ 16-26E-3 Creation; Governance; Coordination of Programs and Curriculum

(a) The Alabama School of Healthcare Sciences is created, which shall be a residential institution located in Demopolis in Marengo County at a site to be determined by the board of trustees. The school may open and formally begin operation with the fall semester of 2026. The school shall be funded by the state from monies appropriated for the school and grants, donations, and funds from any other source including, but not limited to, corporations, individuals, and foundations.

(b) The school shall be governed by a board of trustees whose membership, powers, duties, and responsibilities shall be as provided in this chapter.

(c) The school shall coordinate its programs and curriculum with the department, but shall be independent of the control of the superintendent, the state board, and any local board of education except its board of trustees, unless otherwise provided by this chapter.

(Act 2024-192, §3.)

§ 16-26E-4 Board of Trustees - Composition; Terms

(a) There is created a board of trustees for the school. The board of trustees shall be composed of the following members:

(1) An assistant state superintendent in charge of curriculum development with the department, or his or her designee.

(2) The Chief Executive Officer of Whitfield Regional Hospital, or his or her designee.

(3) The Chief Executive Officer of the Alabama Hospital Association, or his or her designee.

(4) The Chief Executive Officer of the Alabama Nursing Home Association, or his or her designee.

(5) The President of the University of West Alabama, or his or her designee.

(6) The President of the University of South Alabama, or his or her designee.

(7) The President of the University of Alabama at Birmingham, or his or her designee.

(8) The President of Auburn University, or his or her designee.

(9) The Chancellor of the Alabama Community College System, or his or her designee.

(10) The Chair of the Alabama School of Healthcare Sciences Foundation Board of Directors.

(11) The Chair of the House Ways and Means Education Committee, or his or her designee.

(12) The Chair of the Senate Finance and Taxation Education Committee, or his or her designee.

(13) Eight members to be appointed by the Governor, one member from each congressional district and one member appointed at large, who shall be a resident of Marengo County. Five of the eight members appointed by the Governor shall have a background in healthcare, public health, or healthcare administration. The other three members appointed by the Governor may include appointees with backgrounds in academia, government, business, or other career fields that provide a strong basis for service. The Governor shall make his or her appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state.

(b) The terms of the eight members appointed by the Governor shall be for six years, except for original appointees who shall serve staggered terms with three appointees serving two years, three appointees serving four years, and two appointees serving six years. The terms of the initial members who are elected officials, or their respective designees, shall commence with their appointment, run concurrently with their terms of office, and shall end when their successors take office. The terms of members who are not serving by virtue of an elected office shall commence with their appointment and shall end when their successor is appointed. All members may succeed themselves. No member shall be appointed for more than three consecutive full terms.

(Act 2024-192, §4.)

§ 16-26E-5 Board of Trustees - Functions

(a) The board of trustees may perform the following functions:

(1) Accept donations, bequests, or other forms of financial assistance for educational purposes from any public or private person or agency and comply with rules and regulations governing grants from the federal government or from any other person or agency, which are not in contravention of the constitution and laws.

(2) Purchase or lease real estate and equipment and make improvements to facilities necessary for the use of the school, in accordance with applicable law.

(3) Lease land or other property belonging to the board of trustees or to the school.

(4) Sell or exchange land or other real property not needed for school purposes, but only when specifically authorized by law and then only in accordance with the procedures provided for the sale of unused school lands. The sale shall be authorized by resolution adopted by the board of trustees and the act of sale shall be signed by the president of the board of trustees or such other person to whom the signing may be delegated by the board of trustees in the authorizing resolution.

(5) Adopt, amend, or repeal rules, regulations, and policies necessary or proper for the conduct of the business of the board of trustees.

(6) Award certificates and issue diplomas for successful completion of programs of study. All certificates and diplomas shall be in addition to a regular high school diploma, which shall be issued by the state board in accordance with state law to any student who successfully completes the program of study adopted by the board of trustees.

(7) Enter into contracts and agreements that have been recommended by the president of the school, in accordance with applicable law, and to the extent that funds are specifically appropriated therefor, with other public agencies with respect to cooperative enterprises and undertakings related to or associated with an educational purpose or program affecting education in the school. This shall not preclude the board of trustees from entering into other contracts and agreements that the board of trustees may deem necessary to carry out the duties and functions of the board of trustees.

(8) Perform other functions as are necessary to the supervision and control of those phases of education under the board of trustees.

(b) The board of trustees shall delegate to the president of the school those powers and duties the board of trustees deems appropriate to aid the president of the school in the efficient administration of his or her responsibility for the implementation of the policies of the board of trustees.

(c) In addition to the authorities granted in this chapter and any powers, duties, and responsibilities vested by any other applicable laws, the board of trustees shall perform all of the following duties:

(1) Adopt rules, regulations, and policies necessary for the efficient operation of the school.

(2) Establish criteria to be used in determining eligibility of applicants for enrollment.

(3) Approve subjects and extracurricular activities to be offered. Subjects shall initially be subject to approval by the state board, and thereafter, changes in the subjects shall be subject to approval by the state board.

(4) Select a president of the school who shall be the chief executive officer of the school and who shall administer the rules, regulations, and policies adopted by the board of trustees pursuant to this chapter. The president of the school shall also be the chief administrative officer of the board of trustees and shall be responsible for all the administrative functions, duties, and needs of the board of trustees. Until the board of trustees selects a president of the school, the superintendent shall serve as the chief administrative officer of the board of trustees and shall be responsible for the duties of the president of the school as they relate to the board of trustees. The superintendent shall relinquish administrative duties of the board of trustees to the president of the school when the president of the school officially assumes his or her duties with the board of trustees.

(5) Oversee the staffing plan development and implementation necessary for the efficient operation of the school.

(6) Prepare and adopt an annual budget necessary for the continued operation of the school.

(7) Pay the expenses, per diem, and travel expenses of the board of trustees and its members, which shall be the same as allowed state employees when the board members are traveling on board business. The board shall also pay the salaries and expenses including, but not limited to, facilities, equipment, and supplies of the administration, faculty, and staff of the school out of funds appropriated or otherwise made available for the operating and administrative expenses of the board of trustees and the school.

(8) Exercise budgetary responsibility and allocate for expenditure by the school and programs under its jurisdiction all monies appropriated or otherwise made available for purposes of the board of trustees and of the school and programs.

(9) Oversee selection and use of free textbooks and other materials of instruction for students enrolled in the school and programs under its jurisdiction for which the Legislature provides funds. Wherever practical, the school shall select, and the board of trustees shall approve, the same textbooks and other materials of instruction as are adopted by the state board.

(10) Prepare and adopt or approve programs of study and rules, bylaws, and regulations for the discipline of students and for the government of the school and programs under its jurisdiction, which may not be inconsistent with the law, and which shall be enforced by the administration, staff, and faculty of the school. Programs of study shall initially be subject to approval by the state board, and thereafter, any changes in programs of study shall be subject to approval by the state board.

(11) Any provision of law to the contrary notwithstanding, prescribe the qualifications of educators at the school. Any educator employed at the school who does not hold a certification shall hold an advanced degree or be acknowledged by the board of trustees as an expert in his or her field of instruction.

(12) Develop and adopt a formula or system under which students shall be admitted. The formula or system shall ensure that at least one qualified applicant for admission from within the geographical boundaries of each state senate district is eligible for admission to the school each year. If no qualified applicant from a state senate district applies for admission, then the slots available to that senate district shall be lost to that senate district for that school year and shall be reallocated by the board of trustees to provide for the admission of qualified applicants from other senate districts. Any provision of this subdivision to the contrary notwithstanding, the board of trustees shall admit additional students, utilizing admission criteria provided by the adopted formula or system and as resources and facilities allow, by also considering the enrollment size of the city or county public school systems in the state senate district of the student applicant.

(13) Work with the department to assist teachers, administrators, and local superintendents across the state to extend elements of the school’s curriculum and other offerings to schools and programs across the state. Assistance shall include, but not be limited to, workshops, career conversations, and fostering communities of practice in the areas of healthcare sciences.

(14) Adopt rules and regulations to provide for the evaluation of any applicant who has not been evaluated but who satisfies all other criteria for participation in the program.

(d) A majority of members of the board of trustees shall constitute a quorum for the transaction of business, and all official action of the board of trustees shall require the favorable vote of a majority of those members present and voting. Members may participate by means of telephone conference, video conference, or by similar communications equipment so that all individuals participating in the meeting may hear each other at the same time. Participation by these means shall constitute presence in person at a meeting for all purposes, including the establishment of a quorum.

(e) Members of the board of trustees shall be compensated for all actual vouchered expenses incurred in the performance of their duties and functions as required by this chapter. Expenses shall be paid by the president of the school from funds appropriated by the Legislature and upon the warrant of the board of trustees.

(f) The board of trustees shall serve as the local educational agency for the school.

(Act 2024-192, §5.)

§ 16-26E-6 Schedules; Enrollment

(a) The school, at the discretion of the board of trustees, shall operate on the same school year basis as all other public schools in the state. Full-time students shall be enrolled for the entire school year and may enroll in the summer program.

(b) A summer program may be offered for full-time students and for students who qualify to attend the school during that period.

(c) The school may also offer short courses, workshops, seminars, weekend instructional programs, and other innovative programs, which may be used to offer instruction to students not enrolled as full-time students in the school.

(d) The school, at the discretion of the board of trustees, may provide extension courses and campuses on the campuses of other schools, colleges, and universities within the state.

(Act 2024-192, §6.)

§ 16-26E-7 Extracurricular Activities

Whenever possible, the school may offer extracurricular activities as may be found in any public secondary school in the state.

(Act 2024-192, §7.)

§ 16-26E-8 Funding

Nothing in this chapter shall be construed as to prohibit or prevent the board of trustees from accepting federal funds or monies from any corporation or other private contributor for use in operating the school or providing of programs by the school.

(Act 2024-192, §8.)

§ 16-26E-9 Relation to Other Programs

It is not the intent of this Legislature to conflict with existing or future programs of the Alabama High School of Mathematics and Science, Chapter 26A of Title 16, the Alabama School of Fine Arts, Chapter 26B of Title 16, or the Alabama School of Cyber Technology and Engineering, Chapter 26D of Title 16.

(Act 2024-192, §9.)

Chapter 27 Transportation of Pupils

§ 16-27-1 State Board of Education to Prescribe Rules and Regulations

The State Board of Education shall prescribe rules and regulations:

(1) Requiring all local boards of education which provide transportation services for pupils going to and from public elementary and secondary schools of Alabama or in school-related activities, and the presidents of all state community, junior and technical colleges and directors of all state technical institutes and trade schools which provide transportation services for pupils going to and from said technical institutes and trade schools or community, junior and technical colleges to employ a competent supervisor or manager of such transportation services, whether such transportation services are provided in publicly owned or privately owned buses;

(2) Requiring periodic safety inspection of all vehicles used for transporting pupils, whether such vehicles are publicly or privately owned;

(3) Requiring and providing for special training and licensing of drivers of all vehicles used to transport pupils to and from school and in all school-related activities, whether such vehicles are publicly owned and operated or operated under contract with a private owner.

(Acts 1969, No. 281, p. 614, §1.)

§ 16-27-2 Transportation of Community, Junior and Technical College, Etc., Students on Public School Buses

(a) A student attending a state community, junior and technical college, technical institute or trade school shall be entitled to receive transportation on a public school bus; provided, that no community, junior and technical college, technical institute and trade school bus service is available to such student, such student lives along a route usually served by a public school bus and there is space available in such public school bus for the safe transportation of additional students.

(b) The county boards of education whose school buses are being used shall adopt such rules and regulations necessary to carry out the provisions and intent of this section.

(Acts 1966, Ex. Sess., No. 448, p. 621, §§ 1, 2.)

§ 16-27-3 Safety Inspections by State School Bus Inspectors; Reporting and Remedying Deficiencies; Records and Reports

(a) Safety inspections provided for in the rules hereinabove mentioned shall be made by authorized, qualified State Department of Education employees and shall be made at least once each year and more often when, in the judgment of the State Superintendent of Education, such inspections should be made. The state Director of Public Safety shall advise and consult with the State Department of Education relative to the type and manner of inspections to be made and the scheduling thereof. When a safety check by a state school bus inspector indicates that a bus does not meet the safety standards set up by the State Board of Education, the inspector shall immediately report this fact to the local board of education using such bus. The report shall define the deficiency and prescribe the immediate status of the bus regarding its use; and any bus found by the inspector to be unsafe for operation shall not be used to transport pupils until appropriate repairs have been made. Any restrictions placed on a school bus by an official inspector can be lifted only:

(1) When a follow-up inspection reveals that the deficiency has been removed; or

(2) When the local superintendent of education certifies to the State Department of Education that the prescribed repairs or corrections have been made.

(b) Records and reports relative to such inspections and corrections shall be made on forms prescribed by the State Board of Education. Such records and reports shall be maintained on file by the local board of education for a minimum period of one year.

(Acts 1969, No. 281, p. 614, §2; Acts 1971, No. 970, p. 1727.)

§ 16-27-4 Licensing of Drivers

Regulations made pursuant to an order of the board of education requiring and providing for special training and licensing of drivers of vehicles used to transport pupils to and from school shall require an applicant for a school bus driver’s license to be the holder of a currently valid regular driver’s license and to complete a minimum of 12 clock-hours of approved instruction in school bus driving and to pass satisfactorily a written examination and also a driving performance test. The written examination shall be designed by the State Superintendent of Education with the cooperation of the state Director of Public Safety and may be given to the applicant either by an employee of the State Department of Education or a state trooper or other representative of the State Department of Public Safety as the State Superintendent of Education and the Director of Public Safety agree; but the driving performance test shall be given by a state trooper or other representative of the state Department of Public Safety. The plan for the performance test shall, however, be submitted to and approved by the State Superintendent of Education before the performance test is given. If the applicant for a school bus driver’s license satisfactorily passes the test, the testing officer shall report this fact to the State Superintendent of Education and shall send a copy of such report to the local superintendent of education of the county or city where the applicant desires a job as a school bus driver.

Upon receipt of the testing officer’s report of an applicant having satisfactorily passed the examinations, the State Superintendent of Education shall issue a special school bus driver’s license. Such license shall be valid for one year from the date of its issuance and may be renewed annually for an additional year if the applicant attends a four clock-hour training session for school bus drivers conducted in such manner as the State Superintendent of Education prescribes. Such rules may also provide for the issuance of temporary permits or licenses for school bus drivers who have had a minimum of four clock-hours of instruction conducted by representatives of a local board of education. Holders of such temporary licenses shall only be employed for the purpose of filling vacancies which develop between scheduled training periods, and such temporary licenses shall be valid for a maximum of six months only.

(Acts 1969, No. 281, p. 614, §3; Acts 1971, No. 970, p. 1727, § 1; Acts 1982, No. 82-618, p. 1170, §1.)

§ 16-27-4.1 Physical Qualifications of School Bus Drivers

(a) A local board of education may not hire, employ, or enter into any agreement with any person for the purposes of operating a school bus transporting students to or from school or school related events, unless the person is physically qualified to drive a school bus. A person is physically qualified to drive a school bus if that person satisfies all of the following requirements:

(1) Has no loss of a foot, a leg, a hand, or an arm.

(2) Has no impairment of any of the following:

a. A hand or a finger which interferes with prehension or power grasping.

b. An arm, foot, or leg which interferes with the ability to perform normal tasks associated with operating a school bus.

c. Any other significant limb defect or limitation which interferes with the ability to perform normal tasks associated with operating a school bus.

(3) Has no established medical history or clinical diagnosis of diabetes mellitus requiring insulin for control.

(4) Has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure.

(5) Has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with his or her ability to control and safely operate a school bus.

(6) Has no current clinical diagnosis of high blood pressure likely to interfere with his or her ability to control and safely operate a school bus.

(7) Has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease which interferes with his or her ability to control and safely operate a school bus.

(8) Has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control and safely operate a school bus.

(9) Has no mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his or her ability to control and safely operate a school bus.

(10) Has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70 degrees in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber.

(11) First perceives a forced whispered voice in the better ear at not less than five feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear of greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without the use of a hearing aid when the audiometric device is calibrated to American National Standard, formerly ASA Standard, Z24.5–1951.

(12) Does not use a controlled substance identified in 21 CFR 1308.11 Schedule I, an amphetamine, a narcotic, or any other habit-forming drug. A driver may use such a substance or drug, if the substance or drug is prescribed by a licensed medical practitioner who is familiar with the medical history and assigned duties of the driver and has advised the driver that the prescribed substance or drug will not adversely affect his or her ability to control and safely operate a school bus.

(13) Has no current clinical diagnosis of alcoholism.

(b) Each local board of education shall do all of the following:

(1) Require each newly employed school bus driver, after acceptance of employment and before being allowed to operate a school bus, to pass a physical examination, at his or her own expense, as prescribed in subdivisions (1) to (13), inclusive, of subsection (a), and performed by a duly licensed physician.

(2) Require each school bus driver employed on May 14, 2012, to pass a physical examination, at his or her own expense, as prescribed in subdivisions (1) to (13), inclusive, of subsection (a), and performed by a duly licensed physician by August 14, 2012, and at least once every two years thereafter.

(3) Document the results of each physical examination on forms prescribed by the State Department of Education and maintain those results in the central office of the department.

(c) A driver holding a valid Alabama school bus driver certificate on or after May 14, 2012, may be grandfathered in for any condition provided in subsection (a) if the driver submits to the employing local board all of the following from a duly licensed physician who is familiar with the medical history of the driver and his or her assigned duties:

(1) A signed written statement that any condition the driver has will not adversely affect his or her ability to control and safely operate a school bus.

(2) A signed written waiver, on a form provided by the department.

(d) Failure to comply with this section shall result in the driver losing his or her Alabama School Bus Driver Certificate issued by the State Department of Education.

(Act 2012-372, p. 929, §2.)

§ 16-27-5 Monthly Safety Inspections

All local boards of education, all presidents of state community, junior and technical colleges and all directors of state technical institutes and trade schools which provide transportation services for pupils or students going to and from public elementary and secondary schools, community, junior and technical colleges or technical institutes and trade schools, and in school or college related activities shall have safety inspections made of all vehicles used for such transportation at least once each month, whether such vehicles are publicly owned and operated or privately owned and operated under contract between the board of education, board of trustees or other governing body of a community, junior and technical college and the owner of vehicle. All safety inspections made hereunder shall be made by qualified mechanics in accordance with standards and rules established by the State Board of Education.

(Acts 1969, No. 281, p. 614, §4.)

§ 16-27-6 Seat Belts

(a) No school bus shall be operated on a public street, highway or elsewhere unless it shall be equipped with a seat belt for the driver.

(b) The driver of a school bus while transporting pupils on a public street or highway or elsewhere shall wear a properly fastened seat belt when the bus is in motion. Failure of a bus driver to comply with this requirement shall be prima facie evidence of nonfeasance of duty, and any driver who fails to comply with this requirement shall be subject to dismissal.

(c) Every contract between a board of education and a school bus contract operator shall contain a clause requiring the driver of a school bus to wear a properly fastened seat belt when the bus is being used for the transporting of pupils on a public street or highway or elsewhere. Failure of any driver to comply with this requirement shall constitute a breach of contract on the part of the contract operator.

(Acts 1969, No. 281, p. 614, §5.)

§ 16-27-7 Vehicle Liability Insurance for Employees Required to Transport Pupils

(a) The State Board of Education, each governing board of Alabama’s public senior universities and each city and county board of education shall provide vehicle liability insurance for bus drivers or any other employee who is required to transport pupils. Said vehicle liability insurance shall cover personal liabilities for bus drivers or any other employee who is required to transport pupils. Said liability insurance shall be applicable to moving vehicular accidents only.

(b) School boards and other agencies covered by this section shall be deemed to be in compliance with the requirements of this section by either purchasing a liability insurance policy naming drivers as insureds, or if the employing board elects not to purchase a policy, by reimbursing individual employees for amounts necessary to add “drive other car broad form liability” riders to their individual vehicle liability insurance policies, to the limits specified by the employing board or agency.

(c) The provisions of this section shall also apply to the Alabama Department of Youth Services and the Alabama Institute for Deaf and Blind.

(Acts 1984, No. 84-191, p. 300, §§ 1, 2.)

§ 16-27-8 School Buses - Crossing Control Arm Required

(a) No new school bus registered in this state and purchased after August 1, 2000, to transport public and nonpublic school students shall be operated or used as a school bus within this state unless the bus is equipped with a crossing control arm on the front of the bus that conforms to equipment and installation standards promulgated by the State Board of Education pursuant to the Administrative Procedure Act, Chapter 22 of Title 41, commencing with Section 41-22-1.

(b) Priority in the use of any new school bus equipped with a crossing arm shall be given to the transportation of elementary school students.

(c) A crossing arm meeting the standards promulgated by the board shall be designed to swing out at least seventy inches from the front of a school bus each time the bus stops and opens its doors for school children to enter or exit the bus.

(Act 2000-701, p. 1424, §§1, 2; Act 2004-484, p. 901, §1.)

§ 16-27-9 Reporting and Investigating Incidents and Complaints Regarding School Bus Safety

(a) A local superintendent of education, or his or her designee, shall be the main point of contact between local law enforcement and the school district for incidents and complaints regarding school bus safety and school bus safety laws including, but not limited to, trespass on a school bus in the first degree pursuant to Section 13A-7-4.2 and overtaking a school bus pursuant to Section 32-5A-154.

(b) The local superintendent of education, or his or her designee, shall do all of the following on behalf of the school district:

(1) Receive and document all incidents and complaints regarding school bus safety and school bus safety laws.

(2) Interview witnesses and gather evidence, including video footage.

(3) Complete all necessary paperwork, including filing police reports and signing warrants.

(4) File charges or otherwise pursue appropriate legal action against any individual who commits a crime or violates a law relating to school bus safety laws.

(c) Nothing in this section shall be construed as prohibiting the bus driver from voluntarily filing charges, or mandating that the bus driver file charges against an individual related to either Section 13A-7-4.2 or Section 32-5A-154.

(Act 2025-390, §1.)

Chapter 27A Alabama School Bus Safety Act

§ 16-27A-1 Short Title; Civil Enforcement of School Bus Violations Authorized

(a) This chapter shall be known and may be cited as the Alabama School Bus Safety Act.

(b) Any board may authorize a process of civil enforcement of a school bus violation pursuant to the procedures set out in this chapter.

(c) The provisions of this chapter shall not compel a governing body or board to participate in the safety program created herein.

(Act 2016-166, §1.)

§ 16-27A-2 Definitions

The following definitions and provisions shall apply to this chapter:

(1) AUTOMATED DEVICE. Any camera or recording device that uses a vehicle sensor and camera synchronized to record by photograph or video the rear of a motor vehicle approaching or overtaking a school bus that is stopped for the purpose of receiving or discharging school children in violation of Section 32-5A-154.

(2) BOARD. A board of education or the governing body of a school system.

(3) CONTRACTOR. A company that provides services to a board or governing body including, but not limited to, automated devices, citation processing, and collection of the civil fines. None of the activities of the contractor shall be construed as an agent providing or participating in private investigative services or acting as a statutory authority under open records laws.

(4) COURT. A district court, if a school bus violation occurs in an unincorporated area or a municipal court if a violation occurs in an incorporated municipality.

(5) GOVERNING BODY. A county commission, city council, or city commission.

(6) LAW ENFORCEMENT AGENCY. A law enforcement agency of a local governing body, a county sheriff, the Alabama State Law Enforcement Agency, or a school system that is authorized to issue a citation for a violation of the state vehicle law or of local traffic laws or regulations.

(7) OWNER. The meaning ascribed to owner in Section 32-1-1.1, except that the term shall not include a motor vehicle rental or leasing company when a motor vehicle registered by the company is being operated by another person under a rental or lease agreement with the company, in which event owner shall mean the person to whom the vehicle is rented or leased; nor shall the term include motor vehicles displaying a dealer license plate, in which event owner shall mean the person to whom the vehicle is assigned for use; nor shall the term include the owner of a vehicle that has been reported stolen to a law enforcement agency prior to the time of the violation, in which event owner shall mean the person who is found guilty of stealing the motor vehicle.

(8) SCHOOL BUS VIOLATION or VIOLATION. Any violation of Section 32-5A-154.

(9) TRAINED TECHNICIAN. A sworn law enforcement officer or person who has received instruction and training in the proper use of the automated photographic enforcement system to be used by the school board or contractor.

(Act 2016-166, §2.)

§ 16-27A-3 Adoption of Automated School Bus Enforcement Program; Fines

(a) A board may approve the use of automated devices to detect school bus violations by voting at a meeting of the board to approve the adoption of an automated school bus enforcement program.

The school board may elect to operate the program authorized in this chapter without the involvement of the governing body or sheriff through the utilization of a trained technician. In such case, all references in this chapter to governing body, county, or city shall apply to the school board.

(b) In the alternative, if approved by a board and authorized by ordinance or resolution enacted by the governing body, the board may enter into an agreement with a contractor for the installation, operation, notice processing, administration, and maintenance of school bus automated devices on buses within the school system’s fleet whether owned or leased. Prior to entering into a contract for the installation, operation, notice processing, administration, and maintenance of school bus automated devices, the board shall have entered into an intergovernmental agreement with the appropriate law enforcement agencies, municipal police department, the Alabama State Law Enforcement Agency, and/or county sheriff, and the local governing body providing that the appropriate law enforcement agency is willing to review any violation occurring in its respective jurisdiction.

(c) A civil fine of three hundred dollars ($300) for each offense shall be imposed for a school bus violation for which a notice of violation is issued pursuant to this chapter. All such fines shall be paid, after deducting costs to administer, operate, and maintain the program, as follows: 40 percent to the county or municipal governing body which contracted for the operation of a school bus violation program through an intergovernmental agreement with the board pursuant to subsection (b); 40 percent to the school system where the offense was committed; 10 percent to the State Department of Education for school bus safety initiatives; and 10 percent to the Alabama State Law Enforcement Agency for highway safety enforcement.

(Act 2016-166, §3.)

§ 16-27A-4 Notice of Violation; Destruction of Images and Information

(a) After review of the violation by a law enforcement officer or trained technician, the governing body or contractor shall send the owner of a vehicle that has been detected by the device as being involved in a school bus violation a notice of violation by U. S. mail. A notice of violation shall be mailed no later than 14 days after being reviewed by law enforcement. In the event there is more than one owner, the notice may be issued to the first person listed on the title or other evidence of ownership, or jointly to all listed owners.

(b) The notice of violation shall include at a minimum each of the following items of information:

(1) The name and address of the person alleged to be liable as the owner of the motor vehicle involved in the violation.

(2) The license tag number of the vehicle.

(3) The violation charged.

(4) The date, time, and location where the violation occurred.

(5) The photographic images and the online video of the vehicle that are captured by the automated device. The image or video shall be reviewed by a law enforcement officer or trained technician who shall electronically certify the notice of violation. The image or video may not contain images of the face of the driver or passengers in the vehicle.

(6) The amount of the civil fine along with the time, place, and manner for payment of the fine which shall include the option to pay the fine by electronic means.

(7) The procedure under which the notice of violation may be contested, or the procedure and conditions under which responsibility for payment of the civil fine may be transferred to another individual who was operating the vehicle at the time of the violation.

(8) The date by which the local governing body must receive payment of the civil fine, receive notice by the owner that responsibility is being transferred to another, or receive notice by the owner that the notice of violation is being contested, shall be clearly and prominently stated on the notice of violation. The time may not be less than 30 days after the notice of violation is mailed.

(c) All recorded video images and other photographic information obtained through the use of school bus violation detection monitoring systems authorized in this chapter that do not identify a violation shall be destroyed by any city, town, school system or contractor within 90 days of the date the image was recorded, unless otherwise ordered by a court of competent jurisdiction. All photographic and other recorded information that identifies a violation shall be destroyed within 30 days of final disposition of proceedings related to the enforcement or defense of a violation, unless otherwise ordered by a court of competent jurisdiction.

(d) All photographic evidence regardless of whether it is a still photograph or video shall remain the sole property of the board and shall be available to a third party, other than the alleged violator, pursuant only to a valid court order.

(e) Except as expressly provided, all civil actions based on evidence produced by a school bus violation detection monitoring system shall follow the procedures set out in this chapter.

(Act 2016-166, §4.)

§ 16-27A-5 Payment of Fines

The owner of a vehicle that has been issued a notice of violation shall be responsible for payment of the civil fine unless the owner successfully transfers responsibility, there is an adjudication that no violation occurred, or there is an otherwise lawful determination that no civil penalty shall be imposed. All owners of a vehicle who are mailed or receive a notice of violation shall be jointly and severally liable for payment of the civil fine. The county or municipality may collect the civil fine in the same manner as any other debt owed to the county or municipality.

(Act 2016-166, §5.)

§ 16-27A-6 Transfer of Responsibility for Payment of Fine

(a) The owner shall not be responsible for payment of the civil fine resulting from a notice of violation if each of the following conditions apply:

(1) The vehicle was operated at the time of the violation by a person who was not the owner or an agent or employee of the owner.

(2) The owner signs and timely transmits to the governing body on the form provided with the notice of violation and in accordance with the procedure set out on the notice of violation a statement that he or she was not operating the vehicle at the time of the violation, and that the person who was operating the vehicle was not the agent or employee of the owner.

(3) The owner timely transmits to the governing body on the form provided with the notice of violation and in accordance with the procedure set out on the notice of violation the name and mailing address of the person who was operating the vehicle.

(4) The civil fine is paid by any person, unless there is adjudication that no violation occurred or there is otherwise a lawful determination that no civil penalty shall be imposed.

(b) Whenever a county or municipality timely receives the information required from the owner to transfer responsibility, the county, municipality, or its contractor shall issue a new notice of violation to the person to whom the owner transferred responsibility with an explanation as to why the person is receiving the notice of violation, in the same manner as if the person were the owner of the vehicle. The person shall be responsible for payment of the civil fine unless the person either:

(1) Timely returns a signed statement on a form provided with the notice of violation that he or she was not the operator and declining responsibility, in which case responsibility shall fall back to the owner.

(2) Admits to being the operator but denies committing a violation, in which case the person may contest the notice of violation in the same manner as the owner may contest the notice of violation.

(c) In cases in which a person other than the owner denies he or she was the operator and declines responsibility, a new notice shall be issued to the owner stating that the other person declined responsibility and giving the owner the option of paying the civil fine or contesting the violation by a stated date that shall be not less than 20 days from the mailing of the new notice. The owner may not attempt to transfer responsibility more than one time using this procedure. If the owner chooses to contest the notice of violation after the owner has unsuccessfully attempted to transfer responsibility using this procedure, and the owner claims in defense that another person was the operator of the vehicle, the court may take appropriate action to cause the owner and the other person to appear at the same hearing to determine responsibility.

(Act 2016-166, §6.)

§ 16-27A-7 Contesting a Notice of Violation; Adjudication

(a) No person shall be responsible for payment of a civil fine for a notice of violation issued under this chapter if the operator of the vehicle that is the subject of the notice of violation is adjudicated to have not committed a violation or there is otherwise a lawful determination that no civil penalty may be imposed. Any person receiving a notice of violation pursuant to this chapter, in accordance with the procedure set out in this chapter and on the notice of violation, may contest the notice of violation by obtaining a hearing in the court.

(b) District and municipal courts of this state are vested with the power and jurisdiction to adjudicate a notice of violation issued pursuant to this chapter as a civil offense whenever the offense is alleged to have occurred within the geographic jurisdiction of the court.

(c) The following procedures shall apply to proceedings to contest a notice of violation issued pursuant to this chapter:

(1) Upon receipt of a timely notice that the person receiving the notice of violation is contesting the notice, the governing body shall cause the case to be docketed in court and shall issue notice of the hearing date.

(2) The issuance of a notice of violation shall be prima facie evidence that the person who received the notice of violation was operating the vehicle at the time of the violation.

(3) In the event there is a dispute between the owner and another as to which person was operating the vehicle at the time of the alleged violation, or a dispute between joint owners, it shall be presumed that the owner was operating the vehicle, and in the event there are joint owners, the presumption shall follow the order the owners are listed on the title or other evidence of ownership. However, a court may determine the identity of the operator of the vehicle based on any admitted evidence.

(4) The notice of violation, any evidence of the violation produced by a device, and evidence of ownership of a vehicle as shown by copies or summaries of official records shall be admissible into evidence without foundation.

(5) All other matters of evidence and procedure not specifically addressed in this chapter shall be subject to the rules of procedure as provided in this chapter. On any appeal in the circuit court the procedures shall be as for any civil case in circuit court.

(6) The court shall apply the preponderance of the evidence standard in adjudicating any notice of violation.

(7) Whenever payment of a civil fine is due, the amount of the civil fine may not be decreased and the liability may be satisfied only by payment.

(8) A civil fine in the amount of three hundred dollars ($300) shall be assessed for each offense, and court costs shall be assessed only in contested cases in the same manner and in the same amounts prescribed for a violation prosecuted as a misdemeanor under Section 32-5A-154. Court costs collected pursuant to this chapter shall be distributed in the same manner as prescribed by law for the distribution of court costs for misdemeanor violations. An additional fee of ten dollars ($10) shall be collected by the district or municipal court in connection with notices issued under this chapter to be paid to the State Bureau of Investigations and deposited in the State Treasury to the credit of the Criminal Justice Information System Automation Fund as compensation for record keeping and transaction processing with respect to violation notices issued under this chapter. Any civil fine assessed under this chapter and collected by the court shall be remitted pursuant to subsection (c) of Section 16-27A-3.

(Act 2016-166, §7.)

§ 16-27A-8 Appeals

Persons who contest a notice of violation and are adjudicated by the court to be responsible for the civil fine may appeal the adjudication for a trial de novo to the circuit court of the county in which the district or municipal court is located, using the procedures that apply to criminal convictions with the following qualifications:

(1) The proceedings shall retain their civil nature on appeal with the circuit court applying the preponderance of the evidence standard.

(2) The person appealing must, as a condition precedent to appeal, pay the civil fine in full, and failure to do so shall divest the circuit court of jurisdiction. If on appeal the circuit court finds that the person is not responsible for payment of the civil fine, the county or municipality shall refund the same without interest within 15 days of receipt of notice of the disposition from the circuit court. If the person is adjudicated by the circuit court to be responsible for payment of the civil fine, then no additional fine may be imposed by the circuit court, but court costs of the circuit court shall be owed by the person adjudicated responsible with 100 percent of the court costs retained by the circuit court. Court costs in the circuit court shall be calculated as are court costs for criminal appeals from the district or municipal court, and in the event the circuit court finds the person appealing not to be responsible, no court costs shall be owed by the county or municipal board of education.

(3) Regardless of the civil nature of the proceedings, the circuit court, in its discretion and for its administrative convenience, may assign case numbers as for criminal appeals and place the appeals on criminal dockets in the same manner as criminal appeals from a district or municipal court.

(Act 2016-166, §8.)

§ 16-27A-9 Exception When Identity of Owner Cannot Be Reliably Established

In the event the evidence produced by an automated device does not produce an image or video of the license plate with sufficient clarity for a law enforcement officer or trained technician to determine the identity of the owner, and if the identity cannot otherwise be reliably established, then no notice of violation may be issued pursuant to this chapter.

(Act 2016-166, §9.)

§ 16-27A-10 Nonpayment of Civil Fine

(a) No person may be arrested or incarcerated for nonpayment of a civil fine.

(b) A governing body may contract with a collection service for the purpose of collecting any unpaid civil fine authorized by this chapter.

(Act 2016-166, §10.)

§ 16-27A-11 Construction with Other Laws

Adoption by a board of the procedures under this chapter and the enforcement of this chapter by a governing body shall not affect current procedure and prosecutions commenced by issuance of a uniform traffic ticket and complaint by a law enforcement officer or otherwise. The issuance of a notice of violation as authorized by this chapter shall be subordinate to the issuance of a uniform traffic ticket and complaint for the same action if issued by a sworn law enforcement officer, and issuance of a uniform traffic ticket and complaint for a school bus violation shall preclude issuance of a notice of violation as authorized by this chapter. In the event both a uniform traffic ticket and complaint and a notice of violation as authorized by this chapter are issued for the same action, the one issued by a sworn law enforcement officer pursuant to Section 32-5A-154, shall control and shall constitute a defense to the other.

(Act 2016-166, §11.)

§ 16-27A-12 Cause of Action by Owner Against Actual Operator

(a) Any person who is held responsible for payment of a civil fine as provided herein, but who was not actually operating the involved vehicle, who timely and properly followed the procedure to transfer responsibility but is ultimately held responsible because of the person’s ownership of the vehicle, and who actually pays the civil fine, shall have a cause of action against the person who was operating the vehicle for the amount of the civil fine actually paid plus a reasonable attorney fee, without regard to the rules regarding joint and several liability, contribution, or indemnity.

(b) As a condition precedent to the bringing of a civil action under subsection (a), the person held responsible for payment of the civil fine shall first make written demand on the other person for reimbursement of the civil fine, giving a minimum of 60 days to remit payment, and if reimbursement is fully made within the 60 day period then the cause of action shall be extinguished and no attorney fees or other damages shall attach to the reimbursement.

(Act 2016-166, §12.)

Chapter 28 School Attendance

Article 1 General Provisions

§ 16-28-1 Definitions

For purposes of this article, the following words, terms and phrases shall have the following respective meanings, unless clearly indicated otherwise:

(1) PRIVATE SCHOOL. Includes only such schools that are established, conducted, and supported by a nongovernmental entity or agency offering educational instruction in grades K-12, or any combination thereof, including preschool, through on-site or home programs.

(2) CHURCH SCHOOL. Includes only schools that offer instruction in grades K-12, or any combination thereof, including preschool, through on-site or home programs, and are operated as a ministry of a local church, group of churches, denomination, and/or association of churches which do not receive any state or federal funding.

(School Code 1927, §302; Code 1940, T. 52, §299; Acts 1982, No. 82-218, p. 260, §1; Act 2014-245, p. 785, §4.)

§ 16-28-2 Purposes of Article

The purposes of this article are to secure the prompt and regular attendance of pupils and to secure their proper conduct, and to hold the parent, guardian or other person in charge or control of a child responsible and liable for such child’s nonattendance and improper conduct as a pupil, and to effect these purposes the chapter shall be liberally construed and the courts and those charged with the enforcement of its provisions are vested with a wide discretion in its administration.

(School Code 1927, §321; Code 1940, T. 52, §317.)

§ 16-28-2.1 Adoption of Standards for Mandatory Attendance Policy; Parents Held Accountable; Enforcement

The Legislature finds that mandatory attendance policies for schools differ from school system to school system throughout the State of Alabama. The State Board of Education shall adopt standards for a mandatory and enforceable attendance policy for all students in public schools in the State of Alabama. Parents shall be held accountable in accordance with Sections 16-28-12 and 16-28-7, for the failure of the child who is of compulsory attendance age to attend either public, private or church-school. Enforcement of this section shall lie with the local board of education and the juvenile court system.

(Acts 1991, No. 91-323, p. 602, §15.)

§ 16-28-2.2 Establishment of Program by Local Boards to Inform Parents of Educational Responsibilities

(a) Local boards of education, pursuant to guidelines established by the State Board of Education, shall establish educational programs to inform parents of school children of their education-related responsibilities to their children. The programs shall include, but shall not be limited to, coverage of each of the following topics:

(1) The criminal liability and criminal sanctions parents may be subject to under Section 16-28-12, for failing to compel their child to properly conduct himself or herself as a pupil, or for failing to ensure that their child attends school or enrolls in school.

(2) The necessity for a parent to monitor and supervise the school work and educational activities of the child.

(3) An explanation of the responsibilities of teachers and the school system to a child, and an enumeration of those matters that are strictly the responsibility of the parent.

(4) Techniques and suggestions to enable a parent to best supervise the school work and educational activities of the child.

(5) An explanation of the interrelationship of the family life of a child and the educational achievement of the child.

(b) The State Board of Education and local boards of education shall develop strategies to ensure that parents of school children receive this information. These strategies may include provisions for weekend meetings, one-to-one conferences, telephone communications, and neighborhood meetings.

(c) Local district attorneys and law enforcement officials shall, at the request of the local board of education, assist in the implementation and operation of this section.

(Acts 1993, No. 93-672, p. 1213, §2.)

§ 16-28-3 Ages of Children Required to Attend School; Exemption for Church School Students; Transfer Students

(a) Except as otherwise provided in subsection (b), every child between the ages of six and 17 years shall be required to attend a public school, private school, church school, or be instructed by a competent private tutor for the entire length of the school term in every scholastic year except that, prior to attaining his or her 16th birthday every child attending a church school as defined in Section 16-28-1 is exempt from the requirements of this section, provided the child complies with enrollment and reporting procedures specified in Section 16-28-7. Admission to public school shall be on an individual basis on the application of the parents, legal custodian, or guardian of the child to the local board of education at the beginning of each school year, under the rules as the board may prescribe; provided, a person who is under 19 years of age and on track to graduate from public school may not be denied admission to public school solely on account of his or her age. The parent, legal custodian, or guardian of a child who is six years of age, may opt out of enrolling his or her child in school at the age of six years by notifying the local school board of education, in writing, that the child will not be enrolled in school until he or she is seven years of age.

(b)(1) If a child withdraws from a public school, upon verification of enrollment in a Southern Association of Colleges and Schools or any entity with accreditation status as determined by one of the agencies identified on the United States Department of Education’s list of Recognized National and Regional Accrediting Agencies or their affiliates accredited and recognized online school which has been authorized by the Alabama State Department of Education to provide instruction in lieu of in-person instruction, the child shall be counted as a transfer student.

(2) If a child returns to a public school, semester exams shall be given to the child to determine grade placement.

(3) This subsection does not and should not be interpreted to create online schools. However, if a student chooses to attend an accredited, state authorized online school, that student’s former school should not be penalized by the student being classified as a dropout.

(School Code 1927, §301; Code 1940, T. 52, §297; Acts 1956, 2nd Ex. Sess., No. 117, p. 446, §3; Acts 1982, No. 82-218, p. 260, §4; Act 2009-564, p. 1648, §1; Act 2012-295, p. 634, §1; Act 2014-403, p. 1484, §§1, 2; Act 2019-447, §1.)

§ 16-28-3.1 Guidelines and Procedures for Withdrawal from School; Dropout Prevention Program

(a)(1) A child who is 17 years of age or older may withdraw from public school prior to graduation if both of the following circumstances exist:

a. Written consent is granted by the child’s parent or legal guardian.

b. An exit interview is conducted where the student and the student’s parent or legal guardian have been advised that withdrawal from school shall likely reduce the student’s future earning potential and increase the student’s likelihood of being unemployed in the future. During the exit interview, the student who is withdrawing from school shall be given information that has been prepared and supplied by the State Department of Education regarding the detrimental impacts and effects of early withdrawal from school along with any available training and employment opportunity programs, provided such information is available.

(2) Information provided during an exit interview by a local high school shall include materials describing available adult education programs and services offered by eligible adult education providers. The materials shall include, but not be limited to, General Education Diploma (GED) preparation services, the nontraditional high school diploma option program, and other programs and pathways available for earning industry certifications and credentials. The materials shall be developed by the Adult Education Division of the Alabama Community College System and approved by the State Department of Education. The local high school shall also provide a withdrawing student with a copy of his or her academic records, including his or her current transcript, contact information for available counseling services, and any requested referrals to available adult education programs.

(b) The State Department of Education shall work with local public school systems that have the lowest four-year graduation rates. The department shall incorporate specific dropout prevention strategies, target resources, and gather data that will improve graduation rates and educational outcomes in all grades in all public schools. The department shall develop specific methods of targeted intervention or identify appropriate existing methods for local public school systems that have a four-year graduation rate less than the percentage as determined by the State Board of Education. These interventions may include the following:

(1) Early intervention for students who fail Algebra I, or any ninth grade reading or math class, and have insufficient credits to be promoted.

(2) Alternative education programs designed to reengage dropouts including, but not limited to, dual enrollment courses at the community college level and participation in the nontraditional high school diploma option.

(3) Increased availability of advanced placement courses.

(4) Offering full course fee waivers for students who are eligible for free or reduced lunches, when enrolled in dual credit courses.

(5) Flexible programs for older students who are currently not enrolled.

(6) Comprehensive coaching for middle school and high school students who are below grade level in reading and math or who are at risk due to poor attendance, behavior, or safety issues including, but not limited to, harassment and bullying.

(7) Teacher advisories and other supports that are designed to specifically address the needs of those students who are most at risk of dropping out of school by providing opportunities to build positive connections with peers and teachers and providing assistance with course selection, school performance, and completion of graduation requirements. Students who are most at risk of dropping out of school include, but are not limited to, those students who move often, have poor attendance, or have multiple suspensions or discipline issues.

(8) Strategies that are specifically designed to improve high school graduation rates for those teenagers who are at the highest risk of dropping out, including, but not limited to, students in the foster care system, pregnant students, student parents, English as second language students, and students with special educational needs.

(c) The State Department of Education, in addition to other information and data, shall compile all of the following data to ensure that the dropout prevention program, and local versions of the program, are based upon evidence-based research, are data-driven, and show continuous improvement in all of the following:

(1) The total number of high school suspensions related to truancy.

(2) The total number of students enrolled in alternative education programs, including the nontraditional high school diploma option.

(3) The total number of students who have been reenrolled in programs with flexible schedules or community college programs.

(4) The total number of students who have failed Algebra I or ninth grade reading or math.

(5) The total number of students who are repeating the ninth grade.

(6) The total number of students receiving remedial assistance in the ninth grade.

(d) The State Department of Education shall prepare and submit to the Legislature a written report that documents all of the following:

(1) The outcomes of the dropout prevention strategies to date, at the local school system level.

(2) Any planned modification of school system dropout prevention strategies and activities, based on the data compiled.

(e) Each local education agency shall report to the State Department of Education, on a quarterly or more frequent basis, student withdrawal data. This data shall include specific information regarding the names and number of students who have withdrawn from each school district. The State Department of Education shall enter into a data sharing agreement with the Adult Education Division of the Alabama Community College System so this data may be accessed as needed.

(Act 2009-564, p. 1648, §2; Act 2025-326, §2.)

§ 16-28-4 Minimum Age for Attendance at Public Schools

(a) A child who is five years of age on or before September 1 or the date on which school begins in the enrolling district shall be entitled to admission to kindergarten in the public elementary schools at the opening of schools for that school year or as soon as practicable thereafter.

(b) An underage child may be admitted to public kindergarten on approval of the local board of education, on a space available basis, in either of the following circumstances:

(1) The underage child transfers from a public kindergarten in another state.

(2) The child will become five years of age between September 1 and December 31, and the child satisfies certain criteria that the local board of education may establish for underage enrollment which, if adopted, shall include the successful completion of an assessment to determine developmental readiness for enrollment as provided in subsection (g).

(c) A child who successfully completes kindergarten by the date on which school begins in the enrolling district shall be entitled to admission to the first grade in the local public school at the opening of schools for that school year or as soon as practicable thereafter.

(d) A child who is six years of age on or before December 31, or the date on which school begins in the enrolling district, and who has not successfully completed kindergarten, shall be entitled to admission to the first grade in the local public school at the opening of schools for that school year or as soon as practicable thereafter, as long as the child demonstrates first grade entry readiness, as determined by the State Board of Education, on an assessment of essential development and physical skills as provided in subsection (g), which shall be created by the State Department of Education and approved by the State Board of Education. The department shall publish information about essential first grade readiness skills on its website. If a child does not meet first grade readiness, as determined on the assessment approved by the State Board of Education and as provided in subsection (g), the child shall be enrolled in kindergarten.

(e) An underage child, regardless of whether he or she has successfully completed kindergarten or otherwise demonstrates first grade readiness, may be admitted to the public school first grade if the underage child transfers from the first grade of a school in another state.

(f) Nothing in this section shall affect the eligibility of students for special education services as provided by federal and state law.

(g)(1) For the 2025-2026 school year, a student entering first grade who has not completed kindergarten shall complete the assessment at the beginning of the school year to determine developmental readiness for enrollment. For this initial year assessment, no student shall be prevented from enrollment in the first grade based on his or her performance on the assessment. During the second semester of the first-grade year, students shall take an early years assessment to identify any areas of deficiencies. Programs, resources, and materials shall be made available to those students who perform below standards on the assessment.

(2) For the 2026-2027 school year, a student entering first grade who has not completed kindergarten shall complete the assessment at the beginning of the school year to determine developmental readiness for enrollment. During the second semester of the first-grade year, students shall take an early years assessment to identify any areas of deficiencies. Programs, resources, and materials shall be made available to those students who perform below standards of assessment.

(h) No public school system shall lose any teacher unit as a result of this section. The State Board of Education is authorized to adopt policies for local boards of education for the implementation of this section.

(i) The State Department of Education shall develop an informational campaign to promote kindergarten and encourage parents of school-age students to enroll their children in a kindergarten program. The campaign shall be targeted, and priority shall be given to areas with the largest number of students currently not enrolled in kindergarten programs.

(Acts 1935, No. 246, p. 646, §1; Code 1940, T. 52, §298; Acts 1947, No. 234, p. 103; Acts 1950, 2nd Ex. Sess. No. 4, p. 24, §1; Acts 1967, No. 596, p. 1382, §1; Acts 1982, No. 82-553, p. 914, §§1, 2; Acts 1989, No. 89-854, p. 1704, §1; Acts 1990, No. 90-578, p. 983, §§1, 2; Acts 1991, No. 91-323, p. 602, §13; Act 2016-297, p. 740, §1; Act 2024-347, §§1, 2.)

§ 16-28-5 Private Tutor

Instruction by a private tutor means and includes only instruction by a person who holds a certificate issued by the State Superintendent of Education and who offers instruction in the several branches of study required to be taught in the public schools of this state, for at least three hours a day for 140 days each calendar year, between the hours of 8:00 A.M. and 4:00 P.M., and who uses the English language in giving instruction. Such private tutor shall, prior to beginning the instruction of any child, file with the county superintendent of education, where his place of instruction is in territory under the control and supervision of the county board of education, or the city superintendent of schools, where his place of instruction is in territory under the control and supervision of a city board of education, a statement showing the child or children to be instructed, the subjects to be taught and the period of time such instruction is proposed to be given. Such tutor shall keep a register of work, showing daily the hours used for instruction and the presence or absence of any child being instructed and shall make such reports as the State Board of Education may require.

(School Code 1927, §303; Code 1940, T. 52, §300.)

§ 16-28-6 Children Exempt from Attending Public School

(a) The following children, when issued certificates of exemption by the county superintendent of education, where they reside in territory under the control and supervision of the county board of education, or the city superintendent of schools, where they reside in territory under the control and supervision of a city board of education, shall not be required to attend school, or to be instructed by a private tutor:

(1) Children whose physical or mental condition is such as to prevent or render inadvisable attendance at school or application to study. Before issuing such certificate of exemption, the superintendent shall require a certificate from the county health officer in counties which have a health unit, and from a regularly licensed, practicing physician in counties which do not have a health unit, that such a child is physically or mentally incapacitated for school work.

(2) Children who have completed the course of study of the public schools of the state through high school as now constituted.

(3) Where because of the distance children reside from school and the lack of public transportation such children would be compelled to walk over two miles to attend a public school.

(4) Where the children are legally and regularly employed under the provisions of the law relating to child labor and hold permits to work granted under the terms of the child labor law.

(5) Otherwise qualified children who withdraw from school pursuant to Section 16-28-3.1.

(b) Nothing in this section shall be construed so as to deny any right to any child granted under the provisions of Sections 16-39-1 through 16-39-12.

(School Code 1927, §304; Code 1940, T. 52, §301; Acts 1947, No. 676, p. 517, §1; Acts 1971, No. 2484, p. 3965, §1; Act 2009-564, p. 1648, §1.)

§ 16-28-7 Report of Enrollment

At the end of the fifth day from the opening of the public school, the principal teacher of each public school, private school, and each private tutor, but not church school, shall report on forms prescribed by the State Superintendent of Education to the county superintendent of education, in the event the school is operated in territory under the control and supervision of the county board of education, or to the city superintendent of schools, in the event the school is operated in territory under the control and supervision of a city board of education, the names and addresses of all children of mandatory school attendance age who have enrolled in such schools; and thereafter, throughout the compulsory attendance period, the principal teacher of each school and private tutor shall report at least weekly the names and addresses of all children of mandatory school attendance age who enroll in the school or who, having enrolled, were absent without being excused, or whose absence was not satisfactorily explained by the parent, guardian, or other person having control of the child. The enrollment and attendance of a child in a church school shall be filed with the local public school superintendent by the parent, guardian, or other person in charge or control of the child on a form provided by the superintendent or his or her agent which shall be countersigned by the administrator of the church school and returned to the public school superintendent by the parent. Should the child cease attendance at a church school, the parent, guardian, or other person in charge or control of the child shall by prior consent at the time of enrollment direct the church school to notify the local public school superintendent or his or her agent that the child no longer is in attendance at a church school. This section may not be interpreted or construed as authorizing the Department of Education, the State Board of Education, or the State Superintendent of Education to license or regulate any private, nonpublic, or church school offering instruction in grades K-12, or any combination thereof.

(School Code 1927, §309; Code 1940, T. 52, §306; Acts 1982, No. 82-218, p. 260, §5; Act 2009-564, p. 1648, §1; Act 2014-245, p. 785, §4.)

§ 16-28-8 Reports Required Must Be Furnished

All school officers, including those in private schools, or private tutors, but not those in church schools, in this state offering instruction to pupils within the compulsory attendance ages, shall make and furnish all reports that may be required by the State Superintendent of Education and by the county superintendent of education or by the board of education of any city with reference to the workings of this article. The principal teacher of each public school, private school, church school and each private tutor shall keep an attendance register showing the enrollment of the school and every absence of each enrolled child from school for a half day or more during each school day of the year.

(School Code 1927, §310; Code 1940, T. 52, §307; Acts 1982, No. 82-218, p. 260, §6.)

§ 16-28-9 List of Children Who Should Attend School - Required

In order that the provisions of this article may more definitely be enforced, the county superintendent of education and the city superintendent of schools shall, before the opening of the public schools, make a list for each school under his or her control or supervision of all children of mandatory school attendance age who should attend such school or schools under his or her charge or control. Such list must give the name, date of birth, age, sex, race, and the name and address of the parent, guardian, or other person in parental relationship. In case of pupils living in cities, the street and house number shall be given, and in case of all other pupils, the estimated distance from the schoolhouse by the nearest traveled road shall be given.

(School Code 1927, §311; Code 1940, T. 52, §308; Act 2009-564, p. 1648, §1.)

§ 16-28-10 List of Children Who Should Attend School - How Lists Prepared

The information required for making lists of children of the compulsory attendance ages shall be prepared by county and city superintendents of education with the assistance of attendance officers from the census booklets on file in their offices for the years in which the census is taken. In the years in which the census is not taken, such lists shall be prepared by county and city superintendents of education by supplementing and correcting the census lists from continuing census records, teachers’ registers and such additional information as may be required from attendance officers.

(School Code 1927, §312; Code 1940, T. 52, §309; Acts 1943, No. 313, p. 300.)

§ 16-28-11 Enrollment Report and List of Potential Students Compared

The county superintendent of education or the city superintendent of schools, as the case may be, shall upon the receipt of the report from teachers and private tutors showing the enrollment of children of mandatory school attendance age, compare and study the reports with the list which has been compiled of the children who should attend each school and ascertain what child or children required to attend school are not enrolled.

(School Code 1927, §313; Code 1940, T. 52, §310; Act 2009-564, p. 1648, §1.)

§ 16-28-12 Person in Loco Parentis Responsible for Child’s School Attendance and Behavior; Noncompliance; Local Boards to Promulgate Written Behavior Policy, Contents, Annual Distribution, Receipt to Be Documented; School Officials Required to Report Noncompliance; Failure to Report Suspected Violation; District Attorneys Vigorously to Enforce Provisions

(a) Each parent, guardian, or other person having control or custody of any child required to attend school or receive regular instruction by a private tutor who fails to have the child enrolled in school or who fails to send the child to school, or have him or her instructed by a private tutor during the time the child is required to attend a public school, private school, church school, denominational school, or parochial school, or be instructed by a private tutor, or fails to require the child to regularly attend the school or tutor, or fails to compel the child to properly conduct himself or herself as a pupil in any public school in accordance with the written policy on school behavior adopted by the local board of education pursuant to this section and documented by the appropriate school official which conduct may result in the suspension of the pupil, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars ($100) and may also be sentenced to hard labor for the county for not more than 90 days. The absence of a child without the consent of the principal teacher of the public school he or she attends or should attend, or of the tutor who instructs or should instruct the child, shall be prima facie evidence of the violation of this section.

(b) Each local public board of education shall adopt a written policy for its standards on school behavior. Each local public school superintendent shall provide at the commencement of each academic year a copy of the written policy on school behavior to each parent, guardian, or other person having care or control of a child who is enrolled. Included in the written policy shall be a copy of this section. The signature of the student and the parent, guardian, or other person having control or custody of the child shall document receipt of the policy.

(c) Any parent, guardian, or other person having control or custody of any child enrolled in public school who fails to require the child to regularly attend the school or tutor, or fails to compel the child to properly conduct himself or herself as a pupil in accordance with the written policy on school behavior adopted by the local board of education and documented by the appropriate school official which conduct may result in the suspension of the pupil, shall be reported by the principal to the superintendent of education of the school system in which the suspected violation occurred. The superintendent of education or his or her designee shall report suspected violations to the district attorney within 10 days. Any principal or superintendent of education or his or her designee intentionally failing to report a suspected violation shall be guilty of a Class C misdemeanor. The district attorney shall vigorously enforce this section to ensure proper conduct and required attendance by any child enrolled in public school.

(School Code 1927, §305; Code 1940, T. 52, §302; Acts 1993, No. 93-672, p. 1213, §1; Acts 1994, 1st Ex. Sess., No. 94-782, p. 70, §1.)

§ 16-28-13 Burden of Proof on Person in Loco Parentis

No parent, guardian or other person having control or charge of any child shall be convicted for failure to have said child enrolled in school or for failure to send a child to school or for failure to require such child to regularly attend such school or tutor, or for failure to compel such child to properly conduct himself as a pupil, if such parent, guardian or other person having control or charge of such child can establish to the reasonable satisfaction of the court the following:

(1) That the principal teacher in charge of said school which he attends or should attend or the tutor who instructs or should instruct said child gave permission for the child to be absent; or

(2) That such parent, guardian or other person is unable to provide necessary books and clothes in order that the child may attend school in compliance with law, and that such parent, guardian or other person had prior to the opening of the school, or immediately after the beginning of such dependency, reported such dependent condition to the juvenile court of the county and offered to turn the child over to the State Department of Human Resources as a dependent child; or

(3) That such parent, guardian or other person has made a bona fide effort to control such child and is unable to do so, and files in court a written statement that he is unable to control such child; or

(4) That there exists a good cause or valid excuse for such absence; or

(5) That such parent, guardian or other person has made a bona fide, diligent effort to secure the regular attendance of such child and that the absence was without his knowledge, connivance or consent.

A good cause or valid excuse, as used in this section, exists when on account of sickness or other condition attendance was impossible or entirely inadvisable or impracticable or when, by virtue of the extraordinary circumstances, the absence is generally recognized as excusable.

(School Code 1927, §306; Code 1940, T. 52, §303.)

§ 16-28-14 Habitual Truant

In case any child becomes an habitual truant, or because of irregular attendance or misconduct has become a menace to the best interest of the school which he is attending or should attend, and the parent, guardian or other person files a written statement in court as provided in Section 16-28-13, stating that he is unable to control such child, the attendance officer must file a complaint before the judge of the juvenile court of the county, alleging the facts, whereupon such child must be proceeded against in the juvenile court for the purpose of ascertaining whether such child is a dependent, neglected or delinquent child.

(School Code 1927, §307; Code 1940, T. 52, §304.)

§ 16-28-15 Absence Must Be Explained

Every parent, guardian, or other person having control or charge of any child required to attend public school, private school, or church school, shall as soon as practical explain the cause of any absence of the child under his control or charge which was without permission of the teacher, and a failure to furnish such explanation shall be admissible as evidence of such child being a truant with the consent and connivance of the person in control or charge of said child, unless such person can show to the reasonable satisfaction of the court that he had no knowledge of such absence and that he has been diligent in his efforts to secure the attendance of such child.

(School Code 1927, §308; Code 1940, T. 52, §305; Acts 1982, No. 82-218, p. 260, §7.)

§ 16-28-16 Cases of Nonenrollment and Nonattendance; Withdrawal of Enrollment

(a) It shall be the duty of the county superintendent of education or the city superintendent of education, as the case may be, to require the attendance officer to investigate all cases of nonenrollment and of nonattendance. In all cases investigated where no valid reason for nonenrollment or nonattendance is found, the attendance officer shall give written notice to the parent, guardian, or other person having control of the child. In the event of the absence of the parent, guardian, or other person having control of the child from his or her usual place of residence, the attendance officer shall leave a copy of the notice with some person over 12 years of age residing at the usual place of residence, with instructions to hand the notice to the parent, guardian, or other person having control of the child, which notice shall require the attendance of the child at the school within three days from the date of the notice. In the event the investigation discloses that the nonenrollment or nonattendance was without valid excuse or good reason and intentional, the attendance officer shall be required to bring criminal prosecution against the parent, guardian, or other person having control of the child.

(b) Each child who is enrolled in a public school shall be subject to the attendance and truancy provisions of this article except that any parent or parents, guardian or guardians who voluntarily enrolls their child in public school, who feel that it is in the best interest of that child shall have the right to withdraw the child at any time prior to the current minimum compulsory attendance age.

(School Code 1927, §314; Code 1940, T. 52, §311; Act 99-705, 2nd Sp. Sess., p. 222, §1; Act 2001-344, p. 446, §1.)

§ 16-28-17 When Child May Be Taken into Custody

It shall be the duty of the attendance officer, probation officer or other officer authorized to execute writs of arrest to take into custody without warrant any child required to attend school or be instructed by a private tutor who is found away from home and not in the custody of the person having charge or control of such child during school hours and who has been reported by any person authorized to begin proceedings or prosecutions under the provisions of this article as a truant. Such child shall forthwith be delivered to the person having charge or control of said child or to the principal teacher of the school or the private tutor from whom said child is a truant. If such child is an habitual truant, he shall be brought before the juvenile court for such disposition as the judge of said court finds proper from the facts.

(School Code 1927, §315; Code 1940, T. 52, §312.)

§ 16-28-18 Record Kept by Attendance Officer

The attendance officer whose appointment is by this article provided for shall keep an accurate record of all notices served, all cases prosecuted and all other services performed and shall make an annual report of the same to the county board of education or to the city board of education by whom he is employed.

(School Code 1927, §316; Code 1940, T. 52, §313.)

§ 16-28-19 Attendance Districts

The county board of education shall arrange the county, exclusive of cities, into one or more attendance districts, and said board shall appoint an attendance officer for every district created, who shall hold his office at the will of the county board of education, and the board of education of each city having a city board of education shall appoint one or more attendance officers to serve at the pleasure of the appointing board. City and county boards of education and county commissions may jointly employ any person or persons to carry out the provisions of this chapter and such additional duties as may be assigned them by such boards or county commissions.

(School Code 1927, §317; Code 1940, T. 52, §314.)

§ 16-28-20 Compensation of Attendance Officers

The attendance officers who are employed by the county or city board of education shall be paid by the respective boards of education such salaries as may be required to secure efficient service. Said attendance officer shall be paid as other employees of the county or city boards of education are paid, but no attendance officer shall receive any compensation under the provisions of this title until he shall have filed such reports as are required by the State Board of Education and by the board of education of the county or city employing him.

(School Code 1927, §318; Code 1940, T. 52, §315.)

§ 16-28-21 Juvenile Court Jurisdiction

The juvenile court of the county shall have original and exclusive jurisdiction of all prosecutions or proceedings arising under the provisions of this article against or concerning any parent, guardian or other person having charge or control of a child, or against or concerning any child or other person for the purpose of enforcing the provisions of this article and effecting its objects, and all provisions of Chapter 15 of Title 12 shall apply to prosecutions or proceedings arising under the provisions and terms of this article.

(School Code 1927, §320; Code 1940, T. 52, §316.)

§ 16-28-22 Prosecutions

No prosecution or proceeding under this article shall be begun except by one of the following parties:

(1) The county superintendent of education or city superintendent of schools where the matter affects a school or private tutor in territory under his supervision; or

(2) An attendance officer; or

(3) The principal teacher of the school which the child attends or should attend; or

(4) The private tutor by whom the child is instructed or should be instructed; or

(5) The probation officer of the county; or

(6) A duly authorized agent of the State Superintendent of Education or the Department of Human Resources.

(School Code 1927, §324; Code 1940, T. 52, §320.)

§ 16-28-23 Attendance Register and Rules and Regulations as Evidence

The registry of attendance of pupils kept by any public school, private school, church school or private tutor in compliance with the provisions of law or any rule and regulation promulgated by the State Board of Education shall be admissible as evidence of the existence or nonexistence of the facts it is required to show. A copy of any rule and regulation of the State Board of Education duly certified as true and correct by the State Superintendent of Education shall be admissible as evidence of the provisions of such rule and regulation, and the statement in the certificate of the State Superintendent of Education of the date of the promulgation shall be admissible as evidence that such rule or regulation was duly promulgated on the day and date named.

(School Code 1927, §325; Code 1940, T. 52, §321; Acts 1982, No. 82-218, p. 260, §8.)

§ 16-28-24 Church Schools May Waive Exemptions Specified in This Article

Notwithstanding entitlement to the exemptions provided church schools under Sections 16-28-1, 16-1-11, 16-28-3, 16-28-7, 16-28-8, 16-28-15, 16-28-23 and 16-40-1 any church school as defined in Section 16-28-1(2) shall certify to the local public school superintendent on forms supplied by the superintendent to the requesting church school that the exemptions specified herein are waived.

(Acts 1982, No. 82-218, p. 260, §10.)

§ 16-28-25 Excused Absences for National Signing Day Activities

(a) High school students who sign commitment letters at a ceremony during instructional time at school as part of organized National Signing Day activities related to the acceptance of athletic scholarships, postsecondary school or university educational commitments, commitments to apprenticeship programs, and military enlistments shall be excused from class.

(b) For activities conducted pursuant to subsection (a):

(1) A school shall provide reasonable accommodations. For purposes of this subdivision, reasonable accommodations shall include, but not be limited to, meeting space with Internet connectivity access and seating, the use of which will not interfere with instruction;

(2) Guests may attend subject to local board of education policy; and

(3) A school principal may excuse other students to attend.

(Act 2026-549, §1.)

Article 2 Conditioning of Driving Privileges Upon School Attendance

§ 16-28-40 License Applicant Under 19 to Provide Documentation of School Enrollment, Etc.; Duties of School Attendance Official; Withdrawal from School; Conviction for Certain Pistol Offenses

(a) The Alabama State Law Enforcement Agency shall deny a driver license or a learner permit for the operation of a motor vehicle to any individual under the 19 years of age who does not, at the time of application, present a diploma or other certificate of graduation issued to the individual from a secondary high school of this state or any other state, or documentation that the individual satisfies one of the following:

(1) The individual is enrolled and making satisfactory progress in a nontraditional high school diploma option program or a course leading to a general educational development certificate (GED) from a state approved institution or organization, or has obtained the certificate.

(2) The individual is enrolled in a secondary school of this state or any other state and has not at the time of application accumulated disciplinary points while a student in school which would extend the age of eligibility for the student to apply for a driver license.

(3) The individual is participating in a job training program approved by the State Superintendent of Education.

(4) The individual is gainfully and substantially employed.

(5) The individual is a parent with the care and custody of a minor or unborn child.

(6) A physician certifies that the parents of the individual depend on him or her as their sole source of transportation.

(7) The individual is exempted from this requirement due to circumstances beyond his or her control as provided in this chapter.

(b)(1) The attendance officer or chief attendance administrator, upon request, shall provide documentation of enrollment status and disciplinary points on a form approved by the State Department of Education to any student 15 years of age or older who is properly enrolled in a school under the jurisdiction of the official, for presentation to the Alabama State Law Enforcement Agency, on application for, or renewal or reinstatement of, a driver license or a learner permit to operate a motor vehicle.

(2) Upon the request of a student seeking a fee exemption on the basis of his or her homelessness, the staff member designated to act as the local educational agency liaison for homeless children and youth, pursuant to 42 U.S.C. § 11432(g)(1)(J)(ii), shall provide documentation that the student is a qualified student, on a form approved by the State Department of Education, for presentation to the Alabama State Law Enforcement Agency, on application for, or renewal, reinstatement, or replacement of a driver license. The term “qualified student” refers to a student who the local educational agency liaison for homeless children and youth verifies as meeting the definition of a “homeless child or youth” as provided by 42 U.S.C. § 11434a(2) and whose enrollment status and disciplinary points have been documented pursuant to subdivision (1).

(3) Whenever a student 16 years of age or older withdraws from school, the attendance officer or chief attendance administrator shall notify the Alabama State Law Enforcement Agency of the withdrawal. Withdrawal shall be defined as more than 10 consecutive or 15 days total unexcused absences during a single semester.

(c) Within five days of receipt of a notice of withdrawal, the Alabama State Law Enforcement Agency shall send notice to the licensee that his or her driver license or learner permit will be suspended under this article on the 30th day following the date the notice was sent unless documentation of compliance with this article is received by the agency before the 30th day.

(d) Whenever the withdrawal from school of the student, or the failure of the student to enroll in a course leading to or to obtain a GED or high school diploma, is beyond the control of the student, or is for the purpose of transfer to another school as confirmed in writing by the parent or guardian of the student, or is for the purpose of participating in a job training program approved by the State Superintendent of Education, no notice shall be sent by the proper school official to the Alabama State Law Enforcement Agency to suspend the license of the student. If the student is applying for or renewing a driver license or a learner permit, the attendance officer or chief attendance administrator, upon request, shall provide the student with documentation to present to the Alabama State Law Enforcement Agency to exempt the student from this section. The local superintendent of education with the assistance of the county or city school attendance director as the case may be, and any other staff or school personnel, or the appropriate school official of any private secondary school, shall be the sole judge of whether the withdrawal is due to circumstances beyond the control of the individual. Suspension or expulsion from school or imprisonment in a jail or penitentiary is not a circumstance beyond the control of an individual.

(e)(1) Any individual over 14 years of age who is convicted of the crime of possession of a pistol on the premises of a public school, or a public school bus, or both, under Section 13A-11-72 shall be denied issuance of a driver license or learner permit for the operation of a motor vehicle for 180 days from the date the individual is eligible and applies for a license or permit for the operation of a motor vehicle. Any adjudication as a juvenile delinquent or youthful offender where the underlying charge is the possession of a pistol on the premises of a public school, or a public school bus, or both, under Section 13A-11-72 shall be considered a conviction under this subsection, and the adjudication of an individual as a juvenile delinquent or youthful offender where the underlying charge is a violation under Section 13A-11-72 shall be reported to the Alabama State Law Enforcement Agency.

(2) If an individual over 14 years of age possesses a driver license on the date of conviction, the Alabama State Law Enforcement Agency, within five days of receipt of a notice of conviction from the court, shall send notice to the licensee that his or her driver license will be suspended. The notice shall state that the license will be suspended for 180 days commencing on the 30th day following the date the notice was sent unless documentation is received by the agency before the 30th day that the individual was not convicted of the crime. Upon the appropriate date, the agency shall suspend the license.

(3) Upon the written request of the individual whose license is denied or suspended, the Alabama State Law Enforcement Agency shall afford the individual an opportunity for a hearing in the same manner and under the procedure used for other driver license suspensions. If the suspension or denial of issuance determination is sustained by the Secretary of the Alabama State Law Enforcement Agency or the authorized agent of the secretary, upon such hearing, the individual may file a petition in the appropriate court to review the final order of suspension or denial by the secretary or the authorized agent of the secretary in the same manner and under the same conditions as is provided in the case of suspensions and denials.

(4) If the conviction is reversed within the 180-day period, the Alabama State Law Enforcement Agency, upon receipt of notice of the reversal from the Administrative Office of Courts, shall reinstate a suspended license and shall accept an application for a license and shall issue the license according to law and regulation.

(5) The court shall notify the Alabama State Law Enforcement Agency of the conviction of an individual over 14 years of age of a crime involving the possession of a pistol on the premises of a public school or a public school bus, or both, under Section 13A-11-72 and any reversal of the conviction. The Administrative Office of Courts may adopt necessary rules and regulations to implement this notification procedure.

(Acts 1993, No. 93-368, p. 628, §1; Acts 1994, 1st Ex. Sess., No. 94-820, p. 138, §1; Act 2009-713, p. 2095, §3; Act 2022-300, §1; Act 2025-326, §2.)

§ 16-28-41 Written Guidelines to Be Provided

The State Department of Education shall distribute written guidelines to each school system for developing a written school policy in accordance with this article that outlines the definitions of “circumstances beyond the control” of any person subject to denial or revocation of the privilege of a driver’s license or learner’s license to operate a motor vehicle and outlines the appeal process available to the person. The school system shall give adequate written information to each student concerning these guidelines and the sanctions and rights provided for in this article.

(Acts 1993, No. 93-368, p. 628, §2.)

§ 16-28-42 Adoption of Regulations

The Department of Education and the Department of Public Safety shall jointly adopt regulations to implement this article, including a hearing and appeal process.

(Acts 1993, No. 93-368, p. 628, §3.)

§ 16-28-43 Article Not to Deny Rights of Exceptional Children

No provision of this article shall be construed to deny any right to any child granted pursuant to Sections 16-39-1 to 16-39-12.

(Acts 1993, No. 93-368, p. 628, §4.)

§ 16-28-44 Article Not to Deny Constitutional Rights of Children

No provision of this article shall be construed to deny the right of any child granted pursuant to the Constitution of the United States nor to the Constitution of Alabama of 1901.

(Acts 1993, No. 93-368, p. 628, §5.)

§ 16-28-45 Construction with Other Attendance and Vehicle Laws

The provisions of this article shall be construed together with any and all other laws or parts of law relating to school attendance or the operation of a motor vehicle except where there is a direct conflict herewith, in which event this article shall supersede.

(Acts 1993, No. 93-368, p. 628, §7.)

Article 3 Advance Enrollment of Transferring Military Children

§ 16-28-60 Advance Enrollment Program for Military Families

(a) A student who is not a domiciliary of the state shall be permitted to register to enroll in a public K-12 school by remote means, including electronic means, prior to commencement of the student’s residency in this state if all of the following apply:

(1) A parent or legal guardian is on active military duty and is transferred or pending transfer to a military installation or reservation in this state.

(2) Upon request by the local board of education, a parent or legal guardian provides a copy of the official military order transferring to a military installation or reservation located in this state.

(3) A parent or legal guardian completes and submits the board of education’s required enrollment forms and documentation, except that proof of residency shall not be required until the student physically transfers to this state, at which time the student shall be required to provide proof of residency prior to commencing attendance.

(b) If the enrolling student is transferring with a Section 504 plan, an individualized family service plan, or an individualized education plan, the local board of education shall take the necessary steps including, but not limited to, the transfer of records and any prior evaluations, the performance of reevaluations, if necessary, and meetings to ensure that comparable services are in place when the child arrives in this state. If a reevaluation is deemed necessary, the reevaluation shall occur within 30 calendar days after the date of arrival, subject to the informed parental consent of the parent or legal guardian as provided by rule of the State Board of Education.

(c) The local board of education shall make available to a student who registers to enroll pursuant to this section the same opportunities for school assignment, selection of courses, special education services, and sporting activities as those offered to resident students.

(Act 2022-90, §1; Act 2024-328, §1.)

Chapter 28A School Discipline

§ 16-28A-1 Legislative Findings

It is the finding of the Alabama Legislature that the people of Alabama have two basic expectations of their public schools: (1) that students be allowed to learn in a safe classroom setting where order and discipline are maintained; and (2) that students learn at the level of their capabilities and achieve accordingly. The Legislature finds further that every child in Alabama is entitled to have access to a program of instruction which gives him or her the right to learn in a non-disruptive environment. No student has a right to be unruly in his or her classroom to the extent that such disruption denies fellow students of their right to learn. The teacher in each classroom is expected to maintain order and discipline. Teachers are hereby given the authority and responsibility to use appropriate means of discipline up to and including corporal punishment as may be prescribed by the local board of education. So long as teachers follow approved policy in the exercise of their responsibility to maintain discipline in their classroom, such teacher shall be immune from civil or criminal liability. It shall be the responsibility of the local boards of education and the administrators employed by them to provide legal support to each teacher exercising his or her authority and responsibility to maintain order and discipline in his or her classroom as long as the teacher follows the local board of education’s policy. Such support for the teacher shall include, but not be limited to, providing appropriate legal representation to defend the teacher against charges, filing of a written report pursuant to Section 16-1-24, seeking the issuance of a warrant or warrants for any person or persons threatening or assaulting a teacher, and the timely assistance and cooperation with the appropriate authorities in the prosecution of any person or persons threatening or assaulting a teacher. Local school board authorities and school administrators providing such support shall be absolutely immune from civil and criminal liability for actions authorized or required by this section.

(Acts 1995, No. 95-539, p. 1121, §1.)

§ 16-28A-2 Exemption of Teachers and Other Employees from Application of Title 26

The provisions of Title 26 shall not apply to public school teachers in relation to corporal punishment of students when the punishment is consistent with established written policies of the employing board of education. Neither shall the provisions of Title 26 apply to public school teachers or other employees while maintaining order and discipline in the classroom and on public school property, including school buses, consistent with written policies of the employing board of education.

(Acts 1995, No. 95-539, p. 1121, §2.)

§ 16-28A-3 Board of Directors -- Composition; Compensation; Terms; Removal Actions

(a)(1) Beginning with the 2024-2025 school year, the role of the assistant principal at each public K-12 school shall include assisting the principal with administration and enforcement of board policy and all applicable laws, including, but not limited to student discipline, instruction, management, safety, security, and any other duties assigned pursuant to subsection (b). For purposes of this section, the term “assistant principal” refers to any school administrator who reports directly to the principal and is charged with assisting the principal in the overall administration of a school.

(2) Each public K-12 school in this state shall have an assistant principal, provided the funding to do so is available. In the event that a public K-12 school employs more than one assistant principal, the local superintendent of education, or his or her designee, shall determine how to divide duties among the assistant principals.

(b) To fully implement this chapter, the State Board of Education shall require each local board of education to develop a written policy on student discipline and behavior and to broadly disseminate the policy following its adoption. Copies of the student discipline and behavior policy shall be given to all teachers, staff, parents, and students.

(Acts 1995, No. 95-539, p. 1121, §3; Act 2024-296, §2.)

§ 16-28A-4 Immunity for Teachers or Administrators Who Report Suspected Drug Abuse

A teacher or administrator who, in good faith, reports suspected drug abuse by a student to the appropriate authorities shall be immune from civil or criminal liability.

(Acts 1995, No. 95-539, p. 1121, §4.)

§ 16-28A-5 Immunity for Other Authorized School Personnel

It is the intent of the Legislature to include under the provisions of this chapter, principals, assistant principals and any other school personnel authorized to use corporal punishment under the policies and guidelines developed by the local board of education.

(Acts 1995, No. 95-539, p. 1121, §5.)

Chapter 28B Student Harassment Prevention Act

§ 16-28B-1 Short Title

This chapter shall be known and may be cited as the Jamari Terrell Williams Student Bullying Prevention Act.

(Act 2009-571, p. 1674, §1; Act 2018-472, §1.)

§ 16-28B-2 Legislative Intent

It is the intent of the Legislature to provide for the adoption of policies in public school systems to prevent the bullying of students. It is the further intent of the Legislature that this chapter apply only to student against student bullying, intimidation, violence, and threats of violence in the public schools of Alabama, and between students while not on school property, in grades prekindergarten through 12, and that the State Department of Education develop, and each local board of education adopt procedural policies to manage and possibly prevent these acts against any student by another student or students based on the characteristics of a student.

Additionally, it is the intent of the Legislature that the filing of a complaint of bullying be in writing and submitted by the affected student, or the parent or guardian of the affected student, and not by an education employee on behalf of an affected student or his or her parent or guardian.

(Act 2009-571, p. 1674, §2; Act 2018-472, §1.)

§ 16-28B-3 Definitions

The following terms have the following meanings:

(1) BULLYING. A continuous pattern of intentional behavior that takes place on or off of school property, on a school bus, or at a school-sponsored function including, but not limited to, cyberbullying or written, electronic, verbal, or physical acts that are reasonably perceived as being motivated by any characteristic of a student, or by the association of a student with an individual who has a particular characteristic, if the characteristic falls into one of the categories of personal characteristics contained in the model policy adopted by the department or by a local board, and implemented at each school. To constitute bullying, a pattern of behavior may do any of the following:

a. Place a student in reasonable fear of harm to his or her person or damage to his or her property.

b. Have the effect of substantially interfering with the educational performance, opportunities, or benefits of a student.

c. Have the effect of substantially disrupting or interfering with the orderly operation of the school, whether the conduct occurs on or off school property, online, or electronically.

d. Have the effect of creating a hostile environment in the school, on school property, on a school bus, or at a school-sponsored function.

e. Have the effect of being sufficiently severe, persistent, or pervasive enough to create an intimidating, threatening, or abusive educational environment for a student.

(2) DEPARTMENT. The State Department of Education.

(3) HOSTILE ENVIRONMENT. The perception by an affected student or victim that the conduct of another student constitutes a threat of violence or bullying and that the conduct is objectively severe or pervasive enough that a reasonable person, under the circumstances, would agree that the conduct constitutes bullying, threat of assault, or assault.

(4) LOCAL BOARD. A city or county board of education.

(5) SCHOOL. Each public school, grades prekindergarten through 12, the Alabama Institute for Deaf and Blind, the Alabama High School of Mathematics and Science, and the Alabama School of Fine Arts.

(6) SCHOOL SYSTEM. The schools under the jurisdiction of a local board.

(7) THREAT. A statement of an intention to inflict pain, injury, damage, or other hostile action to cause fear of harm. The intention may be communicated through an electronic, written, verbal, or physical act to cause fear, mental distress, or interference in the school environment. The intention may be expressly stated or implied and the person communicating the threat has the ability to carry out the threat.

(Act 2009-571, p. 1674, §3; Act 2018-472, §1.)

§ 16-28B-4 Prohibited Behavior; Complaints; School Plans or Programs

(a) No student shall engage in or be subjected to bullying, intimidation, violence, or threats of violence on or off of school property, on a school bus, or at any school-sponsored function by any other student in his or her school system.

(b) No person shall engage in reprisal, retaliation, or false accusation against a victim, witness, or other person who has reliable information about an act of bullying, violence, or threat of violence.

(c) Any student, or parent or guardian of the student, who is the object of bullying may file a complaint outlining the details of the bullying, on a form authorized by the local board, and submit the form to the official designated by the local board to receive complaints at the school. A copy of the form shall be prominently posted and accessible on the website of each local board of education and school, shall be available at each school office, and shall be included in the student handbook that is distributed to each student at the beginning of each school year.

(d) Each school shall develop plans or programs, including, but not limited to, peer mediation teams, in an effort to encourage students to report and address incidents of bullying, violence, or threats of violence. At the beginning of each school year, each school shall programmatically address the issue of bullying and school violence with faculty and students. The program shall include a discussion of available resources and shall encourage the reporting of incidents of bullying. Each school shall also periodically convene a committee of faculty and students to review and discuss the issue of bullying and make recommendations to school administrators regarding school climate, safety, and bullying. The local superintendent of education may report any recommendations to the local board for its consideration.

(Act 2009-571, p. 1674, §4; Act 2018-472, §1.)

§ 16-28B-5 Model Policy

The department shall develop a model policy prohibiting bullying, violence, and threats of violence on or off of school property, on a school bus, or at any school-sponsored function. The model policy, at a minimum, shall contain all of the following components:

(1) A statement prohibiting bullying, violence, and threats of violence.

(2) Definitions of the terms bullying, as provided in subdivision (1) of Section 16-28B-3, intimidation, and threats of violence.

(3) A description of the behavior expected of each student.

(4) A series of graduated consequences for any student who commits an act of intimidation, bullying, violence, or threats of violence. Punishment shall conform with applicable federal and state disability, antidiscrimination, and education laws and school discipline policies.

(5) A procedure for reporting an act of intimidation, threat of suicide, bullying, violence, or threat of violence. An anonymous report may not be the basis for imposing formal disciplinary action against a student.

(6) A procedure for the prompt investigation of reports of serious violations and complaints, specifying that the principal, or his or her designee, is the person responsible for the investigation.

(7) A response procedure for a school to follow upon confirmation of an incident of intimidation, bullying, violence, or threats of violence.

(8) A statement prohibiting reprisal or retaliation against any person who reports an act of intimidation, violence, threat of violence, or bullying, including the consequences of and any appropriate remedial action that may be taken against a person who engages in such reprisal or retaliation.

(9) A statement of the consequences of and appropriate remedial action that may be taken against a person who has deliberately and recklessly falsely accused another.

(10) A procedure for publicizing local board policy through publication in the student handbook, including providing notice that the policy applies to behavior occurring off of school property and to participation in school-sponsored functions, whether the conduct occurs on or off school property, online, or electronically.

(11) A clearly defined procedure for students to use in reporting bullying, including, but not limited to, written reports on local board approved complaint forms and written reports of instances of bullying, intimidation, violence, and threats of violence based on the personal characteristics of a student. The complaint form may be served in person or by mail on the principal, or his or her designee, or his or her office. The procedures shall be made known and be readily available to each student, employee, and the parent or guardian of each student. It is the sole responsibility of the affected student, or the parent or guardian of the affected student, to report incidences of bullying to the principal, or his or her designee.

(12) A procedure for promulgating rules to implement this chapter, including the development of a model student complaint form. The department shall seek public input in developing and revising the model policy, model complaint form, and any other necessary forms.

(13) A procedure for the development of a nonexhaustive list of the specific personal characteristics of a student which may often lead to bullying. Based upon experience, a local board of education may add, but not remove, characteristics from the list. The additional characteristics or perceived characteristics that cause bullying shall be identified by the local board on a case-by-case basis and added to the local board policy. The list shall be included in the code of conduct policy of each local board and included in the student handbook.

(Act 2009-571, p. 1674, §5; Act 2018-472, §1.)

§ 16-28B-6 Duties of Schools

Each school shall do all of the following:

(1) Develop and implement evidence-based practices to promote a school environment that is free of harassment, intimidation, violence, and threats of violence.

(2) Develop and implement evidence-based practices to prevent harassment, intimidation, violence, and threats of violence based, as a minimum, on the criteria established by this chapter and local board policy, and to intervene when such incidents occur.

(3) Incorporate into civility, citizenship, and character education curricula awareness of and sensitivity to the prohibitions of this chapter and local board policy against harassment, intimidation, violence, and threats of violence.

(4) Report statistics to the local board of actual violence, submitted reports of threats of violence, and harassment. The local board shall provide the statistics of the school system and each school in the school system to the department for posting on the department website. The posted statistics shall be available to the public and any state or federal agency requiring the information. The identity of each student involved shall be protected and may not be posted on the department website.

(Act 2009-571, p. 1674, §6.)

§ 16-28B-7 Freedoms of Speech and Expression

This chapter shall not affect the freedom of speech and freedom of expression guaranteed each student under the Constitution of the United States and the Constitution of Alabama of 1901, and other applicable statutory law provided in the Code of Alabama 1975.

(Act 2009-571, p. 1674, §7.)

§ 16-28B-8 Suicide Prevention Programs, Training, and Policies; Advisory Committee; Liability

(a) To the extent that the Legislature shall appropriate funds, or to the extent that any local board may provide funds from other sources, each school system shall implement the following standards and policies for programs in an effort to prevent student suicide:

(1) Foster individual, family, and group counseling services related to suicide prevention.

(2) Make referral, crisis intervention, and other related information available for students, parents, and school personnel.

(3) Foster training for school personnel who are responsible for counseling and supervising students.

(4) Increase student awareness of the relationship between drug and alcohol use and suicide.

(5) Educate students in recognizing signs of suicidal tendencies and other facts and warning signs of suicide.

(6) Inform students of available community suicide prevention services.

(7) Promote cooperative efforts between school personnel and community suicide prevention program personnel.

(8) Foster school-based or community-based, or both, alternative programs outside of the classroom.

(9) Develop a strategy to assist survivors of attempted suicide, students, and school personnel in coping with the issues relating to attempted suicide, suicide, the death of a student, and healing.

(10) Engage in any other program or activity which the local board determines is appropriate and prudent in the efforts of the school system to prevent student suicide.

(11) Provide training for school employees and volunteers who have significant contact with students on the local board policies to prevent harassment, intimidation, violence, and threats of violence.

(12) Develop a process for discussing with students local board policies relating to the prevention of student suicide and to the prevention of harassment, intimidation, violence, and threats of violence.

(13) Provide annual training for all certificated school employees in suicide awareness and prevention. This training may be provided within the framework of existing inservice training programs or as a part of required professional development offered by the local school system.

(b)(1) The State Department of Education shall create an advisory committee consisting of practitioners and representatives from all of the following organizations:

a. The School Superintendents of Alabama.

b. The Council for Leaders in Alabama Schools.

c. The Alabama Education Association.

d. The Alabama Association of School Boards.

e. The Jennifer Claire Moore Foundation.

f. Other pertinent mental health and suicide prevention organizations as determined by the department.

(2) The advisory committee shall assist the department in developing and adopting rules to provide for the training of certificated school employees in suicide awareness and prevention pursuant to subdivision (13) of subsection (a).

(3) The department and the advisory committee may develop a list of approved training materials to fulfill the requirements of subdivision (13) of subsection (a). Approved training materials may include, but not be limited to, any of the following:

a. Training materials that are currently being used by a local school system.

b. Training materials that provide instruction on identifying appropriate mental health services, both within the school system and within the larger community.

c. Training materials that may be completed through self-review.

(c) Each local school system shall adopt a policy on student suicide prevention. To assist local school systems in developing their own policies for student suicide prevention, the department and advisory committee shall establish a model policy for use by local school systems in accordance with this section.

(d) Any person involved in a cause of action or omission resulting from the implementation of this section or resulting from any training, or lack thereof, required by this section, shall be subject to Section 36-1-12.

(Act 2009-571, p. 1674, §8; Act 2016-310, §3.)

§ 16-28B-9 Adoption of Local Policies

Each local board shall establish a policy in compliance with this chapter on or before July 1, 2010. Each local policy or model policy adopted by a local board or the department, respectively, shall be consistent with this chapter.

(Act 2009-571, p. 1674, §9.)

Chapter 28C Teachers’ Bill of Rights

§ 16-28C-1 Short Title

This chapter shall be known and may be cited as the Teachers’ Bill of Rights.

(Act 2024-409, §1.)

§ 16-28C-2 Definitions

For the purposes of this chapter, the following terms have the following meanings:

(1) DISORDERLY CONDUCT. Any conduct that intentionally: (i) disrupts, disturbs, or interferes with the teaching of students; or (ii) disturbs the peace, order, or discipline at any school.

(2) EDUCATION EMPLOYEE. Any of the following individuals:

a. A certified or noncertified employee of the State Department of Education or any local board of education.

b. An employee of the Alabama Institute for Deaf and Blind.

c. An employee of the Alabama School of Fine Arts.

d. An employee of the Alabama School of Mathematics and Science.

e. An employee of the Alabama School of Cyber Technology and Engineering.

f. An employee of a public charter school.

(3) PRINCIPAL. The principal, assistant principal, vice principal, or administrative head of a school, or his or her designee.

(4) SCHOOL. A public K-12 school.

(5) TEACHER. A professional educator who has a direct instructional or counseling relationship with students and who spends the majority of his or her time in this capacity.

(Act 2024-409, §2.)

§ 16-28C-3 Exclusion of Students from the Classroom in Certain Circumstances; Readmittance; Disciplinary Actions; Reporting Requirements

(a) Beginning with the 2024-2025 school year, a teacher may exclude from his or her classroom any student who does any of the following:

(1) Engages in disorderly conduct.

(2) Behaves in a manner that obstructs the teaching or learning process of others in the classroom.

(3) Threatens, abuses, intimidates, or attempts to intimidate an education employee or another student.

(4) Willfully disobeys an education employee.

(5) Uses abusive or profane language directed at an education employee.

(b)(1) Any student excluded from the classroom pursuant to subsection (a) shall be placed under the control of the school principal or his or her designee, provided that the excluding teacher has followed his or her own approved classroom management plan. The excluded student may be readmitted to the classroom only after the principal, or his or her designee, provides written certification to the classroom teacher that the student may be readmitted and specifies the type of disciplinary action, if any, that was taken.

(2) If the principal, or his or her designee, finds that disciplinary action is warranted, he or she shall provide written and, if possible, telephonic notice of the action to the student’s parent or guardian.

(c) If a student is excluded from the classroom pursuant to subsection (a) two times in one semester and all other reasonable means of classroom discipline have been exhausted, the student may be readmitted to the classroom only if all of the following are satisfied:

(1) The principal, teacher, and, if possible, the student’s parent or guardian have held a conference to discuss the student’s disruptive behavior patterns.

(2) The principal informs the teacher of any course of discipline for the student going forward.

(3) The student’s parent or guardian has been informed of the course of discipline.

(d) Following a student’s readmittance to the classroom pursuant to subsection (c), if the student’s disruptive behavior persists, upon the teacher’s request, the principal shall mete out the maximum discipline provided for by the student code of conduct for the infraction, including, but not limited to, transfer to an alternative school that is approved by the local superintendent of education.

(e)(1) If the student removed from the classroom pursuant to subsection (a) is in grades six through 12 and is removed for his or her disorderly conduct, interference with an orderly educational process, or obstruction of the teaching or learning process of others in the classroom, the student may not be readmitted to the referring teacher’s classroom for at least the remainder of the school day. The principal must communicate with the teacher regarding the student before he or she may be readmitted to the classroom.

(2) A student who is excluded for the remainder of a school day pursuant to this subsection for a total of three times in one 30-day period shall receive, as determined by the principal, in-school or out-of-school suspension, or may be recommended for placement in an alternative school, if one is available within the school district.

(f) Beginning with the 2024-2025 school year, each local board of education shall adopt a policy establishing an appeal process that allows a teacher to appeal to the local board of education in both of the following scenarios:

(1) If a principal refuses to allow a student to be excluded from the classroom pursuant to this section.

(2) If a teacher believes the school principal has prematurely ended the exclusion of a student from the classroom pursuant to this section.

(g) Each local board of education shall require each school to collect data related to any disciplinary action taken pursuant to this section. Each local board of education shall compile a report of the data collected from each school to the State Department of Education. The State Department of Education shall compile a report of the data collected from each local board of education and provide it to the Legislature no later than the first day of each regular legislative session.

(Act 2024-409, §3.)

§ 16-28C-4 Liability of Education Employees; Expenses for Legal Services

(a) An education employee may not be held civilly or criminally liable for his or her actions while addressing student behavior that could lead to exclusion pursuant to Section 16-28C-3, if those actions are carried out in conformity with rules of the State Board of Education or policies of the local board of education where he or she is employed, except in the following cases:

(1) The education employee engages in excessive force or cruel and unusual punishment.

(2) The education employee acts willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law.

(3) The education employee violates the United States Constitution, the Constitution of Alabama of 2022, or the laws of this state.

(b)(1) The Educators’ Liability Trust Fund may reimburse reasonable expenses for legal services for an education employee if he or she is charged with civil or criminal actions arising out of and in the course of the performance of his or her assigned duties and responsibilities under terms and conditions established by the Department of Finance consistent with this chapter.

(2) No later than the first legislative day of each regular session of the Legislature, the Educators’ Liability Trust Fund shall provide a report detailing expenditures made during the preceding year pursuant to this chapter, including a breakdown of expenditures by employing school district, to the State Superintendent of Education, the Chair of the House of Representatives Ways and Means Education Committee, and the Chair of the Senate Finance and Taxation Education Committee.

(c)(1) If an education employee charged with civil or criminal actions arising out of and in the course of the performance of his or her assigned duties and responsibilities under this chapter successfully defends himself or herself, the Educators’ Liability Trust Fund shall provide for reimbursement of reasonable expenses for his or her legal services under terms and conditions established by the Department of Finance consistent with this chapter.

(2) If the Educators’ Liability Trust Fund does not pay a claim for reimbursement pursuant to this subsection, reimbursement may be made by the employing local board of education at its sole discretion.

(d)(1) In cases in which a teacher faces legal action, disciplinary action, or professional sanctions for an action taken based on his or her classroom management plan that was approved by the school principal, there is a rebuttable presumption that the teacher was taking necessary actions to restore or maintain the safety or instructional atmosphere of his or her classroom.

(2) Principals shall review and act upon classroom management plans promptly. Each classroom management plan shall be approved by the principal before the tenth day of instruction for students during each academic year.

(e) This section shall not be construed to eliminate, alter, or otherwise modify any other immunity regarding officers, employees, or agents of the state established under the Constitution of Alabama of 2022, and the laws of this state.

(f) A teacher may not be reprimanded or otherwise be subjected to disciplinary action by his or her principal, a local board of education, or the State Board of Education for any action taken pursuant to this chapter if his or her actions are found to be legal and in conformance with the policy of the local board of education or the State Board of Education.

(Act 2024-409, §4.)

§ 16-28C-5 Adoption of Policies

Beginning with the 2024-2025 school year, the State Board of Education shall adopt a model policy that reflects the requirements of this chapter. Each local board of education may adopt and implement the model policy, or may adopt and implement another policy, provided that each local board of education shall adopt policies that meet the minimum requirements of this chapter.

(Act 2024-409, §5.)

§ 16-28C-6 Construction and Administration of Chapter

(a) Nothing in this chapter shall be construed to infringe on any right provided to a student pursuant to the Individuals with Disabilities Education Act (IDEA), the Family Educational Rights and Privacy Act (FERPA), Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990, provided that student information related to this chapter shall be included as necessary into any and all Individualized Education Plans (IEPs), behavioral intervention plans, and other similar documents.

(b) Principals and other relevant administrators shall carry out this chapter in a manner that complies with the laws listed in subsection (a), including, but not limited to: (i) promptly carrying out manifestation determinations after misconduct; (ii) meting out discipline in accordance with the student code of conduct where misconduct is not determined to be a manifestation of disability; (iii) performing functional behavior assessments and adjusting behavior intervention plans as needed in a timely manner; and (iv) performing any other duties and responsibilities provided by those laws.

(Act 2024-409, §6.)

Chapter 29 Mental and Physical Examinations of School Children

§ 16-29-1 Required; Scope; Suspension of Infected Child

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(School Code 1927, §619; Code 1940, T. 52, §553; Acts 1965, 3rd Ex. Sess., No. 53, p. 264.)

§ 16-29-2 When Examination Made

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(School Code 1927, §620; Code 1940, T. 52, §554.)

§ 16-29-3 Certificate of Examination Furnished Pupil

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(School Code 1927, §622; Code 1940, T. 52, §556.)

§ 16-29-4 County Health Officers Furnished with Certain Equipment

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(School Code 1927, §623; Code 1940, T. 52, §557.)

§ 16-29-5 Tests

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(School Code 1927, §624; Code 1940, T. 52, §558.)

§ 16-29-6 County Board of Health to Cooperate

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(School Code 1927, §625; Code 1940, T. 52, §559.)

Chapter 30 Immunization of School Children

§ 16-30-1 Immunization or Testing for Certain Diseases

The State Health Officer is authorized, subject to the approval of the State Board of Health, to designate diseases against which children must be immunized or for which they must be tested prior to, or, in certain instances after entry into the schools of Alabama.

(Acts 1973, No. 1269, p. 2113, §1; Acts 1979, No. 79-677, p. 1208, §1.)

§ 16-30-2 Responsibilities of Parents

It shall be the responsibility of the parents or guardians of children to have their children immunized or tested as required by Section 16-30-1.

(Acts 1973, No. 1269, p. 2113, §2.)

§ 16-30-3 Exceptions to Chapter

The provisions of this chapter shall not apply if:

(1) In the absence of an epidemic or immediate threat thereof, the parent or guardian of the child shall object thereto in writing on grounds that such immunization or testing conflicts with his religious tenets and practices; or

(2) Certification by a competent medical authority providing individual exemption from the required immunization or testing is presented the admissions officer of the school.

(Acts 1973, No. 1269, p. 2113, §3.)

§ 16-30-4 Evidence of Immunization and Testing Required Upon Initial Entrance into School; Exceptions

(a)(1) The boards of education and the governing authority of each private school shall require each pupil who is otherwise entitled to admittance to kindergarten or first grade, whichever is applicable, or any other entrance into an Alabama public or private school, to present a certification of immunization or testing, commonly known as a Blue Card, for the prevention of those communicable diseases designated by the State Health Officer, except as provided in Section 16-30-3. Provided, however, that any student presently enrolled in a school in this state, not having been immunized upon initial entrance to school, is required to present a certification of immunization as described in this section upon commencement of the next school year.

(2) Dependents of active duty military personnel may satisfy this requirement by the presentation of copies of military medical records reflecting age-appropriate immunizations and testing.

(b) Section 16-30-1 and this section shall apply only to kindergarten through 12th grade and not to the institutions of higher learning.

(Acts 1973, No. 1269, p. 2113, §4; Acts 1979, No. 79-677, p. 1208, §2; Act 2025-47, § 1.)

§ 16-30-5 Rules and Regulations

The State Health Officer shall promulgate rules and regulations necessary to carry out this chapter.

(Acts 1973, No. 1269, p. 2113, §5.)

Chapter 30A Alabama Safe at Schools Act

§ 16-30A-1 Short Title

This chapter shall be known as the Alabama Safe at Schools Act.

(Act 2014-437, p. 1618, §1.)

§ 16-30A-2 Definitions

For purposes of this chapter, the following words have the following meanings:

(1) DELEGATION. The act of authorizing a competent individual to perform selected nursing activities supportive to registered nurses or licensed practical nurses in selected school situations as provided under this chapter, while retaining the accountability for the outcome if the delegation is to an unlicensed individual.

(2) INDIVIDUAL HEALTH PLAN. A document that outlines health care to be provided to a student in the school setting, developed by the school nurse in conjunction with the student’s parents or guardians and may contain the orders from the physician, certified registered nurse practitioner operating under a valid collaborative agreement, or physician assistant operating with a valid supervisory agreement.

(3) SCHOOL. Any primary or secondary public school located in the state.

(4) SCHOOL EMPLOYEE. Any person employed by a public school system located in the state.

(5) UNLICENSED MEDICATION ASSISTANT. A school employee who is trained in accordance with this chapter, but who is not required to be a health care professional.

(Act 2014-437, §2.)

§ 16-30A-3 Training of School Employees for Care of Students with Diabetic Medical Needs

(a) No later than the beginning of the 2015-2016 school year, the State Department of Education, in consultation with the Alabama Board of Nursing, shall develop guidelines for the training of school employees in the care needed for students with diabetic medical needs according to the student’s Individual Health Plan, the medical authorizations of which are limited to permitting the administration of injectable medications specific to his or her diabetes. No other delegation of injectable medications shall be allowed under this chapter. These guidelines shall be developed in consideration of the recommendations of the American Academy of Pediatrics, the National Diabetes Education Program, and any other appropriate published medical guidelines. Each local board of education shall ensure that diabetes training programs are provided for all school nurses and unlicensed medication assistants at schools under its jurisdiction.

(b) Each local school system shall ensure that the training outlined in subsection (a) is provided to unlicensed medication assistants. In consultation with the local school superintendent and in consideration of a student’s Individual Health Plan related to his or her diabetic condition, the lead nurse of the school system may recommend the placement of a school nurse based on the overall health needs of that student.

(c) School employees shall not be required to serve as unlicensed medication assistants, nor be subject to any penalty or disciplinary action for refusing to serve as an unlicensed medication assistant. It shall be unlawful to consider a school employee’s decision to serve or not to serve as an unlicensed medication assistant in any employment decision, including, but not limited to, termination, non-renewal of contract, reduction-in-force, or transfer. Furthermore, no school administrator or supervisor shall threaten, harass, or otherwise coerce a school employee into serving as an unlicensed medication assistant.

(d) The medical authorization allowed under this chapter shall be limited to permitting the use of injectable medications specific to diabetes.

(Act 2014-437, p. 1618, §3.)

§ 16-30A-3.1 Attendance and Activities of Students with Certain Medical Conditions

(a) For the purposes of this section, the term “adrenal insufficiency” means a hormonal disorder that occurs when the adrenal glands do not produce enough hormones.

(b) No later than the beginning of the 2024-2025 school year, the State Board of Education, in consultation with the Alabama Board of Nursing, shall develop guidelines for the training of school employees in the necessary care for students with medical needs related to an adrenal insufficiency according to the student’s Individual Health Plan. The medical authorizations earned from the training shall be limited to permitting the administration of injectable medications specific to the adrenal insufficiency of the student. The guidelines shall be developed in consideration of the recommendations of the American Academy of Pediatrics and other appropriate published medical guidelines relating to adrenal insufficiency, as approved by the State Board of Education and the Board of Nursing. Each local board of education shall ensure that adrenal insufficiency training programs are provided for all school nurses and unlicensed medication assistants at schools under its jurisdiction.

(c)(1) The lead nurse of a school system, in consultation with the local superintendent of education, may recommend that school nurses be placed at particular schools based on the Individual Health Plans of students with adrenal insufficiency and the overall health needs of students.

(2) Each local board of education shall ensure that each student in the school system with an adrenal insufficiency receives appropriate care as specified in his or her Individual Health Plan.

(d) No school employee shall be required to serve as an unlicensed medication assistant or be subject to any penalty or disciplinary action for refusing to serve as an unlicensed medication assistant. The decision of a school employee to serve or not to serve as an unlicensed medication assistant may not be considered in any employment decision including, but not limited to, termination, non-renewal of contract, reduction-in-force, or transfer. No school administrator or supervisor shall threaten, harass, or otherwise coerce a school employee into serving as an unlicensed medication assistant.

(e) The parent or guardian of each student who is identified as having an adrenal insufficiency shall submit an order to be considered in the development of the student’s Individual Health Plan pursuant to Section 16-30A-4.

(f) A private K-12 school may provide training for employees and care for students who have an adrenal insufficiency in accordance with this chapter.

(Act 2023-75, §1)

§ 16-30A-4 Submission of Medical Order for Development of Individual Health Plan

The parent or guardian of each student with an identified diabetic medical condition who seeks care while at school shall submit the order from a physician, certified registered nurse practitioner operating under a valid collaborative agreement, or physician assistant operating under a valid supervisory agreement according to the timeline established by the local education agency to be considered in the development of the student’s Individual Health Plan.

(Act 2014-437, p. 1618, §4.)

§ 16-30A-5 Appropriate Care for Students Under Individual Health Plan; Availability of Nurse or Medication Assistant

(a) The local board of education shall ensure that each student in the school or system with a diabetic condition or an adrenal insufficiency receives appropriate care as specified in his or her Individual Health Plan.

(b) The school nurse or a trained unlicensed medication assistant, to the extent required by the student’s Individual Health Plan, shall be on site and available to provide care to each student with diabetes or an adrenal insufficiency during regular school hours and school-sponsored before school and after school care programs, during field trips, extended off-site excursions, extracurricular activities in which the student is a direct participant, and on buses when the bus driver is not a trained unlicensed medication assistant.

(Act 2014-437, p. 1618, §5; Act 2023-75, §2.)

§ 16-30A-6 Training and Supervision of School Employees Becoming Unlicensed Medication Assistants

Notwithstanding any other provision of law, a licensed health care professional may provide training and supervise school employees becoming unlicensed medication assistants who may also be providing care and performing tasks pursuant to this chapter in the activities set forth in Section 16-30A-5.

(Act 2014-437, p. 1618, §6.)

§ 16-30A-7 Attendance and Activities of Students with Diabetes

(a) For the purposes of this section, the term “medical condition” refers to a diabetic condition or an adrenal insufficiency.

(b) A student with a medical condition in public school may attend the school the student would otherwise attend if the student did not have that medical condition, and the medical care specified in Section 16-30A-5 shall be provided at the school. A school system may not restrict a student who has a medical condition from attending any school on the basis of that medical condition, that the school does not have a full-time school nurse, or that the school does not have trained unlicensed medication assistants. A student with a medical condition may participate in extracurricular and co-curricular activities to the same extent as a student without a medical condition. In addition, a school shall not require or pressure parents or guardians to provide care for a student with a medical condition at school or at school-sponsored activities in which the student is a direct participant as set forth in Section 16-30A-5. However, if the parent or guardian of a student with a medical condition does not supply the medication, the order from a physician, certified registered nurse practitioner operating under a valid collaborative agreement, or physician assistant operating under a valid supervisory agreement, supplies, or a signed parental and prescriber authorization, the parent or guardian shall be responsible for providing medical care to the student at school or at school-sponsored activities in which the student is a direct participant.

(Act 2014-437, p. 1618, §7; Act 2023-75, §2.)

§ 16-30A-8 Other Medical Conditions Requiring Supervision or Specialized Services

Notwithstanding any other provision of this chapter, a student with a medical condition, other than or in addition to diabetes, requiring supervision or other specialized services may be assigned to a school in accordance with the student’s Individual Health Plan.

(Act 2014-437, p. 1618, §8.)

§ 16-30A-9 Liability of School Employees

A school employee shall be immune from suit and not liable for any civil damages as a result of his or her acts or omissions in the supervision or rendering of services, care, or assistance to a student under this chapter, nor shall he or she be liable for any civil damages as a result of any act, or failure to act, to provide or arrange for further treatment, care, or assistance.

(Act 2014-437, p. 1618, §9.)

§ 16-30A-10 Liability of Physicians

A physician has no supervisory authority over the school’s execution of the Individual Health Plan, and therefore shall be immune from civil liability for any orders, acts or omissions directly related to this chapter, including any vicarious liability for the acts and omissions of school employees and officials in carrying out the Individual Health Plan.

(Act 2014-437, p. 1618, §10.)

§ 16-30A-11 Training and Diabetes Care for Students

A private school may provide training and diabetes care for its students in accordance with the provisions set forth in this chapter.

(Act 2014-437, p. 1618, §11.)

Chapter 30B Alex Hoover Palliative and End of Life Care Act

§ 16-30B-1 Development and Administration of Plans

A Palliative and End of Life Individual Health Plan shall be developed and administered in accordance with this chapter in order to provide guidance to schools, school nurses, a terminally ill or injured student to whom the plan applies, and the student’s parents or guardians, with regard to the care provided to that student and expectations for attendance or participation in school-sponsored activities.

(Act 2018-460, §2.)

§ 16-30B-2 Definitions

As used in this chapter, the following terms have the following meanings:

(1) PALLIATIVE AND END OF LIFE INDIVIDUAL HEALTH PLAN or PLAN. A document that outlines activities of which a qualified minor may partake in the school setting or in selected school situations as prescribed in the plan. A plan shall be developed by the school nurse in conjunction with the representative of the qualified minor, as provided under this chapter, and shall outline the health care to be provided, including an Order for Pediatric Palliative and End of Life Care, as defined in Section 22-8A-3, to a qualified minor in a school setting.

(2) QUALIFIED MINOR. The term as it is defined in Section 22-8A-3.

(3) REPRESENTATIVE OF A QUALIFIED MINOR. The term as it is defined in Section 22-8A-3.

(4) SCHOOL. Any primary or secondary public school located in the state.

(5) SCHOOL EMPLOYEE. Any individual employed by a public school system located in the state.

(6) SCHOOL NURSE. A nurse licensed by the Alabama Board of Nursing and employed as a school nurse by a public school system located in the state.

(Act 2018-460, §2.)

§ 16-30B-3 Rulemaking Authority; School Nurse Requirements; Training Guidelines

(a) The State Board of Education shall adopt rules regarding the administration of Palliative and End of Life Individual Health Plans in the school setting; provided, however, the board may not propose rules without approval from the task force created pursuant to Section 16-30B-6. For purposes of this subsection, approval requires an affirmative vote from at least three-fifths of the task force members. The rules shall include, but are not limited to, the contents of a plan and procedures for the execution and termination of a plan. The final rules shall be certified to the Legislative Services Agency not later than June 1, 2019.

(b) A Palliative and End of Life Individual Health Plan administered under this chapter shall be developed by the school nurse, in conjunction with the representative of the qualified minor.

(c) A plan shall include an Order for Pediatric Palliative and End of Life Care established pursuant to Chapter 8A of Title 22; provided, however, the only individual in a school setting subject to the requirements or restrictions of an Order for PPEL Care is a school nurse.

(d) The Department of Education, in consultation with the Alabama Board of Nursing and the Alabama Board of Medical Examiners, may develop guidelines for the training of school employees in the care needed for qualified minors who have an executed Palliative and End of Life Individual Health Plan in place.

(Act 2018-460, §2.)

§ 16-30B-4 Liability of School Employees

A school employee shall be immune from suit and not liable for any civil damages as a result of his or her acts or omissions in the supervision or rendering of services, care, or assistance to a student under this chapter, nor shall he or she be liable for any civil damages as a result of any act, or failure to act, to provide or arrange for further treatment, care, or assistance.

(Act 2018-460, §2.)

§ 16-30B-5 Liability of Attending Physician

An attending physician, as defined in Section 22-8A-3, has no supervisory authority over the school’s execution of the Palliative and End of Life Individual Health Plan and shall be immune from civil liability for any orders, acts, or omissions directly related to this chapter, including any vicarious liability for the acts and omissions of school employees and officials in carrying out the Palliative and End of Life Individual Health Plan.

(Act 2018-460, §2.)

§ 16-30B-6 Temporary Task Force

(a) A task force is created to serve under the supervision of the Alabama Department of Education to approve proposed rules of the State Board of Education regarding the administration of Palliative and End of Life Individual Health Plans in the school setting, in accordance with Section 16-30B-3. The task force shall include all of the following representatives:

(1) The Department of Education Nurse Administrator.

(2) The Department of Education Nurse Manager.

(3) One member appointed by the Special Education Services Division of the Department of Education.

(4) Two registered nurses currently working in a public school setting, appointed by the Department of Education Nurse Administrator.

(5) One member appointed by the Alabama Association of School Nurses.

(6) One member appointed by the Alabama Board of Nursing.

(7) One member appointed by the Children’s of Alabama Palliative Care Team.

(8) One member appointed by the University of South Alabama Children’s and Women’s Hospital Palliative Care Team.

(9) One member appointed by the Alabama Chapter of the American Academy of Pediatrics.

(10) One member appointed by the School Superintendents of Alabama.

(11) One member appointed by the Alabama Education Association.

(12) One member appointed by the Speaker of the House of Representatives.

(13) One member appointed by the President Pro Tempore of the Senate.

(b) The appointing authorities shall coordinate their appointments to assure the task force membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.

(c) The Department of Education Nurse Administrator, or his or her designee, shall serve as chair of the task force.

(d) The first meeting of the task force shall be held not later than August 1, 2018, at which time the task force may appoint or elect a vice chair.

(e) The task force shall automatically terminate on the date the rules for implementing the Palliative and End of Life Individual Health Plans are certified, but not later than June 1, 2019.

(Act 2018-460, §2.)

Chapter 30C Seizure Safe School Act

§ 16-30C-1 Short Title

This chapter may be known and shall be cited as the Seizure Safe Schools Act.

(Act 2021-519, §1.)

§ 16-30C-2 Seizure Management and Treatment Plans

(a) Commencing with the 2022-2023 school year, the parent or guardian of a student who has a seizure disorder and is enrolled in and attending a public K-12 school may seek care for the student’s seizures while the student is at school or is participating in a school-sponsored activity by collaborating with school personnel and the applicable local board of education to ensure a seizure management and treatment plan is included in the student’s individual health plan. The seizure management and treatment plan shall be submitted to and reviewed by the lead nurse employed by the local board of education at all of the following times:

(1) Before or at the beginning of the school year.

(2) Upon enrollment of the student, if the student enrolls in a school after the beginning of the school year.

(3) As soon as practicable following a diagnosis of a seizure disorder for the student.

(b) A seizure management and treatment plan shall include all of the following:

(1) A list of the health care services the student may receive at school or while participating in a school sponsored activity.

(2) A list of prescribed medications the student may receive including the name and purpose of the medication, the prescribed dosage, the route of administration, the frequency that the medication may be administered, and the circumstances under which the medication may be administered.

(3) An evaluation of the student’s level of understanding and ability to manage his or her seizures.

(4) The signature of the student’s parent or guardian.

(5) The name and address of the physician responsible for the student’s seizure treatment.

(Act 2021-519, §1.)

§ 16-30C-3 Administration of Seizure Disorder Medication by Unlicensed Medication Assistant

With consent of the parent or guardian, a local board of education may provide for an unlicensed medication assistant, who is a school employee trained in accordance with this chapter, but not required to be a health care professional, to administer to a student seizure disorder medication provided for in the student’s individual health plan.

(Act 2021-519, §1.)

§ 16-30C-4 Development of Training Guidelines for Care of Students with Medical Needs Relating to Seizure Disorders; Training Programs

(a) The State Department of Education shall develop guidelines, subject to approval by the Alabama Board of Nursing, for the training of school employees regarding the care needed for a student with medical needs relating to seizure disorder according to the student’s seizure management and treatment plan, the medical authorizations of which are limited to permitting the administration of medications specific to his or her seizure disorder. These guidelines shall be developed in conjunction with the recommendations of the American Academy of Pediatrics, the Epilepsy Foundation or its successor, and any other appropriate published medical guidelines. Each local board of education shall ensure that epilepsy and seizure disorder training programs are provided for all school nurses and unlicensed medication assistants at schools under its jurisdiction.

(b) Training programs may be provided in-person or online and shall include instruction for school nurses regarding managing students with seizure disorders, information about seizure recognition, and related first aid. This information may be included in general student health training programs provided to all school personnel. A local board of education may approve an in-person or online course of instruction provided by a nonprofit national foundation that supports the welfare of individuals with epilepsy and seizure disorders. An in-person or online course of instruction approved by a local board of education shall be provided by the nonprofit entity free of charge.

(c)(1) Each local board of education shall ensure that the training outlined in this section is provided to unlicensed medication assistants. In consultation with the local school superintendent and in consideration of a student’s individual health plan related to his or her seizure disorder condition, the lead nurse of the school system may recommend the placement of a school nurse based on the overall health needs of that student.

(2) Each local board of education shall provide annually a list of the school employees trained to administer seizure disorder medications to each parent or guardian of a student with a seizure disorder, each student, and all other employees of the local board of education. The local board of education shall thereafter publish and maintain a list on the local board of education’s website.

(d) A school employee shall not be required to serve as an unlicensed medication assistant, nor be subject to any penalty or disciplinary action for refusing to serve as an unlicensed medication assistant. It shall be unlawful to consider a school employee’s decision to serve or not to serve as an unlicensed medication assistant in any employment decision including, but not limited to, termination, nonrenewal of contract, reduction in force, or transfer. No school administrator or supervisor shall threaten, harass, or otherwise coerce a school employee into serving as an unlicensed medication assistant.

(e) The Alabama Board of Nursing shall retain the sole authority to adopt rules to permit delegation of limited nursing tasks by licensed nurses to trained, unlicensed assistive personnel and to implement this chapter.

(f) The medical authorization allowed under this chapter shall be limited to permitting the use of medications specific to seizure disorders. Under no circumstance shall rectal or vaginal suppositories be administered by anyone other than a licensed nurse.

(Act 2021-519, §1.)

§ 16-30C-5 Liability of School Employees

(a) A school employee shall be immune from civil liability or criminal liability as a result of his or her acts or omissions in the supervision or rendering of services, care, or assistance to a student pursuant to this chapter or for any act, failure to act, or in the provision or arrangement for further treatment, care, or assistance unless the school employee acts willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law.

(b)(1) This chapter does not create any supervisory authority between physicians creating seizure management and treatment plans and the school’s execution of those plans. A physician shall not be subject to criminal or civil liability for the acts or omissions of school employees and officials in carrying out a seizure management and treatment plan, and shall also not be subject to vicarious liability.

(2) Nothing in this chapter shall be construed to establish a standard of care for physicians or otherwise modify, amend, or supersede any provision of the Alabama Medical Liability Act of 1987, the Alabama Medical Liability Act of 1996, or any amendment or judicial interpretation thereof.

(Act 2021-519, §1.)

§ 16-30C-6 Rulemaking Authority

Not later than March 1, 2022, the State Department of Education and the State Board of Nursing shall adopt rules to implement and administer this chapter.

(Act 2021-519, §1.)

Chapter 30D Availability and Use of Automated External Defibrillators in Schools

Article 1 Tyrell Spencer Act

§ 16-30D-1 Short Title

This article shall be known and may be cited as the Tyrell Spencer Act.

(Act 2023-235, §1.)

§ 16-30D-2 Definitions

For the purposes of this article, the following terms have the following meanings:

(1) AHSAA. The Alabama High School Athletic Association.

(2) AISA. The Alabama Independent School Association.

(3) ATHLETIC ACTIVITY.

a. This term includes any of the following activities:

1. Interscholastic athletics at any school.

2. Any athletic contest or competition other than interscholastic athletics that is sponsored by or associated with a school, including club-sponsored sports activities.

3. Competitive or noncompetitive cheerleading that is sponsored by or associated with a school.

4. Any practices, including interscholastic practices or scrimmages for any activities listed in this paragraph.

b. This term does not include any recreational sports activity that is not associated with a school, including a city or county recreational youth sports league.

(4) BOARD. The State Board of Education.

(5) SCHOOL. Any public or private K-12 school.

(6) STUDENT ATHLETE. A student who is enrolled in a K-12 school and participates in any athletic activity.

(Act 2023-235, §2.)

§ 16-30D-3 Adoption of Guidelines; Cardiac Arrest Symptoms and Warning Signs Information Sheet

(a) The board shall adopt guidelines to inform and educate student athletes, parents, and coaches about the nature and warning signs of sudden cardiac arrest, including the risks associated with continuing to participate in or practice an athletic activity after experiencing symptoms, as outlined by the required training.

(b) The board shall develop a cardiac arrest symptoms and warning signs information sheet to be provided to each student athlete participating in an athletic activity. Beginning with the 2024-2025 school year, before any student athlete may participate in any athletic activity, the student athlete and his or her parent or guardian shall sign and return to the student athlete’s school an acknowledgement form acknowledging their receipt and review of the information sheet. The acknowledgment form shall be developed by the AHSAA for its member schools and the AISA for its member schools. As part of the student athlete’s eligibility requirements, a new acknowledgment form shall be signed and returned to the applicable school at the beginning of each school year in which the student athlete intends to participate in an athletic activity. Each acknowledgment form shall be kept in the school’s online eligibility software program.

(c) In developing guidelines and materials, the board may use educational materials created by Simon’s Heart for the purpose of educating student athletes, parents, and coaches about sudden cardiac arrest.

(d) The board, the AHSAA, and the AISA shall post any guidelines or materials developed pursuant to this article on the publicly accessible website of the entity.

(Act 2023-235, §3.)

§ 16-30D-4 Informational Meetings

Each local board of education may hold an informational meeting for student athletes, parents, coaches, and other school officials prior to the start of each athletic season regarding the symptoms and warning signs of sudden cardiac arrest. Informational meetings may include, but are not limited to, presentations from physicians, pediatric cardiologists, and athletic trainers.

(Act 2023-235, §4.)

§ 16-30D-5 Cardiac Arrest Training Course

(a)(1) Beginning with the 2024-2025 school year, once every two years, each coach of any athletic activity shall complete a cardiac arrest training course provided by the AHSAA for its member schools and by the AISA for its member schools. The training shall be approved by the board, and may include the course produced by Simon’s Heart and made available through the National Federation of State High School Associations.

(2) The training shall be in correlation with any other training required by the relevant school association related to cardiopulmonary resuscitation (CPR) and automated external defibrillators (AEDs).

(b) A coach of any athletic activity may not be eligible to coach in any practice or competition until he or she has completed the training course required under this section.

(Act 2023-235, §5.)

§ 16-30D-6 Removal of Student Athlete Exhibiting Certain Identifiable Symptoms

(a) An athletic trainer, coach, or other responsible party may remove any student athlete who, during any athletic activity, exhibits any symptoms identifiable by the required training if the trainer, coach, or other responsible party reasonably believes that the student athlete’s symptoms are cardiac related. If a student athlete is removed from an athletic activity for the reason described in this subsection, an athletic trainer, coach, or other responsible party who observed the student athlete exhibit the symptoms shall attempt to notify the student athlete’s parent or guardian of those symptoms.

(b) A student athlete who is removed from participation in an athletic activity pursuant to this section may not be permitted to return to play until he or she has been evaluated by a licensed physician and receives written clearance to return to play from the licensed physician.

(Act 2023-235, §6.)

§ 16-30D-7 Applicability to Sponsors of Recreational Youth Athletic Activities

The sponsors of recreational youth athletic activities are encouraged, but not required, to follow the guidelines provided in this article.

(Act 2023-235, §7.)

§ 16-30D-8 Availability of Automated External Defibrillator

The Legislature encourages the availability of an automated external defibrillator (AED) within three minutes retrieval time at any athletic activity.

(Act 2023-235, §8.)

Article 2 John Wesley Foster Act

§ 16-30D-20 Short Title; Definitions

(a) This article shall be known and may be cited as the John Wesley Foster Act.

(b) For the purposes of this article, the following terms have the following meanings:

(1) ATHLETIC ACTIVITY. The same meaning as Section 16-30D-2.

(2) AUTOMATED EXTERNAL DEFIBRILLATOR or AED. A lightweight, portable device that delivers an electric shock through the chest to the heart which can potentially stop an irregular heartbeat and allow a normal rhythm to resume following sudden cardiac arrest.

(3) CARDIAC EMERGENCY RESPONSE PLAN. A written document that establishes the specific steps to reduce death from cardiac arrest in a particular setting.

(4) HIGH-NEEDS SCHOOL. A school that meets at least one of the following criteria:

a. A school where at least 50 percent of the students are eligible to receive free and reduced priced meals.

b. A school that provides meals to all students through the Community Eligibility Provision.

c. A Title I school.

(5) SCHOOL. A public or nonpublic preK-12 school.

(6) SUDDEN CARDIAC ARREST. A heart malfunction in which the heart stops beating unexpectedly and, if left untreated, may quickly result in death.

(Act 2024-392, §1.)

§ 16-30D-21 Development and Implementation of Cardiac Emergency Response Plans

(a) Beginning with the 2025-2026 school year, each local board of education and governing body of a nonpublic school shall develop and implement both of the following:

(1) A cardiac emergency response plan that addresses the appropriate use of personnel to respond to incidents of sudden cardiac arrest or other similar life-threatening emergencies that occur on school property.

(2) If the local board of education or the governing body of a nonpublic school oversees a school with an athletic department or organized athletic program, a cardiac emergency response plan that addresses the appropriate use of personnel to respond to incidents of sudden cardiac arrest or other similar life-threatening emergencies that occur while an individual attends or participates in any athletic activity on school property.

(b) Each cardiac emergency response plan shall include, but not be limited to, each of the following:

(1) Recommendations relating to the development of a cardiac emergency response plan by the American Heart Association or another entity that provides nationally recognized and evidence-based guidelines based on emergency cardiovascular care.

(2) The establishment of a cardiac emergency response team.

(3) The implementation and maintenance of ongoing staff training related to cardiopulmonary resuscitation (CPR) and the use of an AED, as provided in subsection (c).

(4) Procedures related to the activation of the cardiac emergency response team in response to an incident of sudden cardiac arrest.

(5)a. Appropriate AED placement on school property in accordance with the guidelines set by the American Heart Association or another entity that provides nationally recognized and evidence-based guidelines based on emergency cardiovascular care, including routine maintenance.

b. AED placement at sporting events and sporting venues, as required by subsection (d).

(6) Procedures to disseminate the cardiac emergency response plan on school property.

(7) The creation of requirements relating to the practice of an emergency response, including drills.

(8) Procedures and standards for the ongoing annual review and evaluation of the cardiac emergency response plan.

(c) Appropriate school staff shall be trained in first aid, CPR, and the use of an AED according to the guidelines set forth by the American Heart Association or another entity that provides nationally recognized and evidence-based guidelines based on emergency cardiovascular care. The term “appropriate school staff” shall be defined in each cardiac emergency response plan and shall include, but not be limited to, licensed coaches, school nurses, and athletic trainers.

(d) An AED shall be clearly marked and easily accessible to anyone at:

(1) Each athletic event space on school property, including, but not limited to, stadiums, athletic fields, gymnasiums, practice fields, and weight rooms when students, athletes, or staff are present; and

(2) Any school-sponsored athletic event or athletic practice in which students are participating.

(e) Each local board of education and governing body of a nonpublic school shall work directly with local emergency services providers to develop the cardiac emergency response plan and integrate it into the community’s emergency medical services responder protocols.

(Act 2024-392, §2; Act 2025-347, §1.)

§ 16-30D-22 Rulemaking Authority

The State Board of Education may adopt rules establishing a procedure to monitor adherence to this article by local boards of education and governing bodies of nonpublic schools.

(Act 2024-392, §3.)

Chapter 31 American Legion Scholarships

§ 16-31-1 Established; Amount; Use

Whenever the American Legion or the American Legion Auxiliary of the State of Alabama shall donate to the State of Alabama, and actually pay in cash to the Treasurer of said state, a sum of money amounting to $1,250.00, there shall be considered as established a free scholarship of the value of $750.00 per year in board and such fees or other charges as that amount would cover or include over and above board for the benefit of the student receiving the benefit of the same or appointed to such scholarship at any public institutions of higher learning, that such scholarship shall be and is hereby established for each sum of $1,250.00 so donated to the state.

(Acts 1936-37, Ex. Sess., No. 50, p. 34, §1; Code 1940, T. 52, §620; Acts 1959, No. 635, p. 1548, §1; Acts 1984, 1st Ex. Sess., No. 84-784, p. 167, §1; Acts 1988, 1st Ex. Sess., No. 88-843, p. 318, §1.)

§ 16-31-2 Fund Paid to Institution Designated

At the time such sum or sums of money amounting to $1,250.00 shall be donated to the state and paid over to the Treasurer, the said American Legion or American Legion Auxiliary donating the same shall designate in writing signed by its commander or president and countersigned by its chairman of the scholarship committee, and filed with the Comptroller, the particular institutions of learning, among those enumerated in Section 16-31-1, in which the scholarship is desired. Thereupon it shall be the duty of the Comptroller to issue a warrant drawn upon the treasurer, in due form, and to deliver the same to the treasurer of such institution of learning for the said sum of $1,250.00, or for such several sums of $1,250.00 which shall be donated in this manner to the state, which warrant or warrants the treasurer shall pay on presentation. Such sum or several sums of $1,250.00 shall be received by such treasurer of such institution of learning and added to the sum held by the board or boards legally administering the same for the support of such institutions.

(Acts 1936-37, Ex. Sess., No. 50, p. 34, §2; Code 1940, T. 52, §621.)

§ 16-31-3 Credit to Account of Beneficiary

Any person, male or female, otherwise entitled to admission as a student or pupil in such institution of learning, and such only, and who presents to the proper authorities of same a certificate signed by the commander or president and countersigned by the chairman of the scholarship committee of such American Legion or American Legion Auxiliary of Alabama which had donated such $1,250.00 under the provisions of this chapter, granting to him or her a scholarship under the terms of this chapter, shall be entitled to be admitted at such institution as entitled to the benefits of this chapter. And when so admitted, he or she shall be given credit on the books of such institution for the sum of $100.00, to be applied to the end and purpose of defraying his or her board and such fees or other charges as that amount would cover over and above board, for the session during which or for which he or she applies for admission.

(Acts 1936-37, Ex. Sess., No. 50, p. 34, §3; Code 1940, T. 52, §622.)

§ 16-31-4 Appropriation from Education Trust Fund

The sum of $750.00 is hereby appropriated annually to each state institution of higher learning described in Section 16-31-1 for each scholarship awarded by any such institution as provided in this chapter, which appropriation shall be paid from the Education Trust Fund; provided, that in the fall of each school year no more than 150 such scholarships shall be provided under this section.

(Acts 1967, No. 760, p. 1616, §1; Acts 1978, No. 676, p. 975, §1; Acts 1984, 1st Ex. Sess., No. 84-784, p. 167, §1; Acts 1988, 1st Ex. Sess., No. 88-843, p. 318, §1.)

Chapter 32 Stonewall Jackson Memorial Fund

§ 16-32-1 Establishment; Purpose

There is hereby created and established the Alabama Stonewall Jackson Memorial Fund, which fund is to be composed of the money hereinafter appropriated in this chapter, together with any accruals from the income from the fund or repayments thereto.

The purpose of this fund is to memorialize that great American and Confederate general, “Stonewall” Jackson, through a program of education initiated by Stonewall Jackson Memorial, Incorporated, including both essay contests and scholarships. The benefits of this fund shall accrue only to Alabamians.

(Acts 1955, No. 529, p. 1176, §1.)

§ 16-32-2 Board of Trustees

There is hereby created a board of trustees, who shall serve without pay or personal expenses, to administer the Alabama Stonewall Jackson Memorial Fund. The trustees shall be the Alabama State Superintendent of Education, the Director of the Alabama Department of Archives and History and the President of the Stonewall Jackson Memorial, Incorporated. This board of trustees shall be vested with the power to administer this chapter in its entirety and to prescribe the rules and regulations governing the essay contests and the awarding of scholarships from the Alabama Stonewall Jackson Memorial Fund. It is hereby directed to receive the appropriation hereinafter made, to designate a bank in Alabama as a depository for the fund and is further directed to invest said fund in such sound securities as it deems advisable in line with good business procedure; and it is expressly prohibited from spending any part of the principal of this fund, it being the intent of this chapter that only the income from said fund shall be used in carrying out the purposes of the chapter. The board of trustees shall require, insofar as possible, the repayment of all scholarship funds by the recipients thereof, under such terms as circumstances may justify, and any money so repaid shall become part of the principal of the fund.

(Acts 1955, No. 529, p. 1176, §2.)

§ 16-32-3 Appropriation

There is hereby appropriated from the General Fund in the State Treasury the sum of $20,000.00. This appropriation shall be the sole appropriation to this fund, and nothing in this chapter shall be construed so as to make the appropriation an annual one.

(Acts 1955, No. 529, p. 1176, §3.)

Chapter 33 Educational Benefits for Dependents of Blind Parents

§ 16-33-1 Short Title

This chapter shall be known as the “Alabama Educational Benefits for Dependents of Blind Parents Act.”

(Acts 1966, Ex. Sess., No. 281, p. 422, §13.)

§ 16-33-2 “Tuition and Fees” Defined

The phrase “tuition and fees” shall include and mean fees known and classed as instructional fees.

(Acts 1966, Ex. Sess., No. 281, p. 422, §9.)

§ 16-33-3 Purpose of Chapter; Liberal Construction

The purpose of this chapter is to provide educational benefits in institutions of higher learning in Alabama for children from families in which the head of the family is blind and whose family income is insufficient to provide such educational benefits. The terms of this chapter shall be liberally construed in order to accomplish such objective.

(Acts 1966, Ex. Sess., No. 281, p. 422, §1.)

§ 16-33-4 Certain Children May Attend State Institutions or Trade Schools Without Payment of Fees or Tuition; Provision of Textbooks

(a) Any child in a family where the head of the household is blind and the family income is not greater than 1.3 times the current poverty income level, as determined by federal poverty guidelines based upon the number of family members, may, without paying any instructional fees or tuition whatsoever, do either of the following:

(1) Attend any Alabama state institution of higher learning, college, or university for a period of four standard academic years of nine months each, not to exceed 36 months total.

(2) Take a prescribed course in any Alabama state trade school or technical college, for the length of the prescribed course of study of his or her choosing.

(b) Training under this section shall:

(1) Be initiated within two years after high school graduation, but in no case after the twenty-third birthday of the child.

(2) Be completed within five years after its initiation, excluding any delays caused by military service.

(3) Not extend beyond the thirtieth birthday of the child.

(c) Any child benefiting from this section shall be provided with all necessary textbooks for the length of his or her prescribed course of study. All costs of such textbooks shall be borne by the Alabama Department of Rehabilitation Services, which shall be entitled to an appropriation from the Education Trust Fund to cover all costs of providing the textbooks.

(d) The Department of Rehabilitation Services shall promulgate and implement administrative rules and regulations as necessary to make textbooks conveniently available to children who qualify for textbook benefits under this chapter.

(Acts 1966, Ex. Sess., No. 281, p. 422, §2; Acts 1978, No. 772, p. 1129, §1; Acts 1989, No. 89-708, p. 1415, §1; Act 2001-696, p. 1485, §1.)

§ 16-33-5 Applicant to Present Proof of Residence, Eligibility and Qualifications

Any person who applies for benefits under this chapter must produce sufficient proof of being a permanent resident of this state for at least five years prior to application, sufficient proof of his or her eligibility under the terms and conditions of this chapter and sufficient proof of his or her qualifications and ability to pursue the course for which such application is made.

(Acts 1966, Ex. Sess., No. 281, p. 422, §3.)

§ 16-33-6 Application to Be Made to State Department of Education; Determination of Eligibility

All applications for benefits accruing under this chapter must be made to the State Department of Education. The State Superintendent of Education, or any official of the department designated by him, is hereby charged with the responsibility and duty of determining the eligibility of each applicant for the benefits under this chapter.

(Acts 1966, Ex. Sess., No. 281, p. 422, §4.)

§ 16-33-7 Duties of State Department of Education and State Superintendent of Education

The State Department of Education shall furnish, and assist in preparing and producing, all necessary blanks, forms and other matters necessary for children to obtain the benefits provided under this chapter. The State Superintendent of Education shall cause to be forwarded to the state institution of higher learning, college or university or state trade school of the applicant’s choice a certificate of eligibility and entitlement or other necessary proof for the child to obtain the benefits made available hereby.

(Acts 1966, Ex. Sess., No. 281, p. 422, §5.)

§ 16-33-8 Duties of Local Superintendents and Teachers

The county superintendent of education and the city superintendent of schools in each respective county and city must inform the teachers of their county and city of the provisions and benefits of this chapter, who in turn shall inform the children, whose blind parent is the head of the family, as to their rights and benefits under the provisions of this chapter.

(Acts 1966, Ex. Sess., No. 281, p. 422, §6.)

§ 16-33-9 Standards of Institutions Not Lowered; Applicants to Meet Scholastic and Other Entrance Requirements

Nothing in this chapter shall be construed as lowering the standards or requirements, or as making any exceptions thereto for entrance into any of the state schools or institutions affected by this chapter. All applicants, in order to obtain the educational benefits of this chapter, must first meet all scholastic and other requirements for entrance into any of the schools or institutions coming within the purview of this chapter.

(Acts 1966, Ex. Sess., No. 281, p. 422, §8.)

§ 16-33-10 Benefits Not Extended Beyond Lives of Immediate Children of Blind Person

The benefits under this chapter shall not extend beyond the lives of the immediate children of the blind person concerned.

(Acts 1966, Ex. Sess., No. 281, p. 422, §10.)

§ 16-33-11 Benefits Not Payable If Equal Benefits Available from Federal or State Government

No child may obtain any benefits under this chapter if the federal or state government through any legislation provides for payment to any person, institution or organization on behalf of such child for the purpose of providing opportunity for educational training; provided, that such benefits are of equal or greater value than those provided by this chapter.

(Acts 1966, Ex. Sess., No. 281, p. 422, §11.)

§ 16-33-12 Title of Benefits

Tuition benefits received under the provisions of this chapter shall be called “Alabama Scholarships for Dependents of Blind Parents.”

(Acts 1966, Ex. Sess., No. 281, p. 422, §12.)

Chapter 33A Alabama Student Grant Program

§ 16-33A-1 Definitions

As used in this chapter, unless the context requires otherwise, the following terms shall have the meanings respectively ascribed to them by this section:

(1) ACHE. The Alabama Commission on Higher Education.

(2) ALABAMA RESIDENT. A person who has been domiciled in the State of Alabama for a period of at least 12 consecutive months immediately preceding application for a grant under the Alabama Student Grant Program. The ACHE shall promulgate and enforce regulations further defining and limiting the term domicile so as to limit the benefits of this legislation to bona fide Alabama citizens, based upon criteria including residency of parents and guardians, voter registration of students and parents, driver’s license registration, and other facts indicating bona fide citizenship.

(3) APPROVED INSTITUTION. Any independent nonprofit postsecondary institution of higher learning located in the State of Alabama which is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, any independent nonprofit postsecondary institution of higher learning whose credits are accepted by at least three other institutions which are accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, or any independent postsecondary institution of higher learning with a permanent facility offering classroom instruction located in Montgomery County, Alabama, which has been incorporated and in continuous operation for over 50 years and which has been accredited for over 10 years by the Commission on Colleges of the Southern Association of Colleges and Schools, prior to July 1, 2010. Such an approved institution must have an academic curriculum which is not comprised principally of sectarian instruction or preparation of students for a sectarian vocation and which does not award primarily theologian or seminarian degrees. To the extent that any such institution may have a religious or denominational affiliation, it must perform essentially secular educational functions which are distinct and separable from religious activity. Such an approved institution must not discriminate in its admissions practices on the basis of religious or denominational preference. No independent postsecondary institution of higher learning shall be considered an approved institution during any fiscal year in which it receives a direct appropriation from the State of Alabama. Nothing contained herein shall be construed to limit, replace, or diminish any direct state appropriation now being made or which shall hereafter be made to any independent institution of higher learning.

(4) ELIGIBLE STUDENT. Any applicant for a grant under the Alabama Student Grant Program who:

a. Has obtained a certificate of graduation from a secondary school or the recognized equivalent of such graduation; and

b. Is classified as an undergraduate student, as defined in this chapter; and

c. Is an Alabama resident, as defined in this chapter; and

d. Is a citizen of the United States or in the process of becoming a citizen of the United States; and

e. Is enrolled or accepted for enrollment as a full-time or part-time student in a program of at least six months’ duration in an approved institution as defined in this chapter; and

f. Is not enrolled and does not intend to enroll in a course of study leading to an undergraduate degree in theology or divinity.

(5) FULL-TIME STUDENT. An individual student who meets the criteria established by definitions, rules, and regulations to be established by the ACHE.

(6) GRANT. A monetary award under the Alabama Student Grant Program to an approved institution on behalf of and to the credit of an eligible student pursuant to this chapter.

(7) INSTITUTIONAL RELATED EXPENSES. Nonsectarian educational expenses, including, but not limited to, tuition, mandatory fees, room and board, transportation, books and supplies, and other incidental nonsectarian education expenses anticipated by an eligible student.

(8) PART-TIME STUDENT. An individual student who meets all qualifications as an eligible student and who meets the further criteria to be established by the ACHE.

(9) PROGRAM. The Alabama Student Grant Program, including the administration thereof.

(10) UNDERGRADUATE STUDENT. Any individual student who meets all other qualifications as an eligible student and has not received a baccalaureate degree or its equivalent.

(Acts 1978, 2nd Ex. Sess., No. 90, p. 1778, §1; Act 2010-686, p. 1657, §1.)

§ 16-33A-2 Legislative Findings; Purpose of Chapter

The Legislature declares that there exists within the State of Alabama a number of accredited independent colleges and universities whose facilities could be used more effectively in the public interest by the grant of financial assistance to residents of the state who choose to attend such colleges and universities, in order to pay a portion of such residents’ institutional related expenses at such colleges and universities, thereby reducing the cost to taxpayers of the state below the cost of providing similar instruction to such residents at institutions of higher learning within the state higher education system.

The Legislature finds and declares that there is an apparent need to narrow the gap in student charges between public universities and colleges and independent institutions of higher education in Alabama in order to provide students with true economic and academic freedom of choice in selecting a college; and to help assure that independent colleges will continue to contribute to the overall quality and diversity of postsecondary education in Alabama.

This chapter is intended to provide higher educational opportunities to bona fide residents of the state by utilizing the facilities and resources of independent colleges and universities in the state more effectively.

(Acts 1978, 2nd Ex. Sess., No. 90, p. 1778, §2.)

§ 16-33A-3 Amount of Grant for Each Eligible Student; Grants Payable to Institutions on Behalf of Students

There is granted to each eligible student attending an approved institution the sum of three thousand dollars ($3,000) per academic year, which sum shall be distributed to the institution on behalf of and to the credit of the student in accordance with rules adopted by the Alabama Commission on Higher Education.

(Acts 1978, 2nd Ex. Sess., No. 90, p. 1778, §3; Acts 1989, No. 89-399, p. 779, §1; Act 2021-442, §1.)

§ 16-33A-4 Program Administration

The Alabama Student Grant Program created under this chapter shall be administered by the Alabama Commission on Higher Education. The Executive Director of the ACHE shall have primary responsibility for the administration of the program, including appropriate staffing, in accordance with rules, regulations, policies and procedures to be promulgated by the ACHE.

(Acts 1978, 2nd Ex. Sess., No. 90, p. 1778, §4.)

§ 16-33A-5 Basic Powers and Duties of Ache

(a) Basic powers. ACHE may adopt rules, policies, and procedures as may be reasonable and proper in order to carry out the purposes of this chapter. Without limiting the generality of the foregoing, ACHE may do all of the following:

(1) Adopt reasonable rules and determinations concerning the qualification of applicants as Alabama residents or as eligible students and the qualification of institutions as approved institutions.

(2) Alter or amend the definition of “eligible student” in order to enable the program to meet the requirements of the state or federal constitutions or any applicable statute, administrative rule, or judicial decision, if the alteration is deemed both necessary and reasonable.

(3) Determine the extent to which applicants, including part-time students, shall be eligible for grants under this chapter.

(4) Adopt reasonable rules and determinations concerning the method of payment of grants to approved institutions on behalf of and to the credit of eligible students.

(5) Request submission of and obtain all information reasonably needed for the effective administration of the program from individual applicants for grants or from institutions which enroll eligible students.

(6) Accept grants and contributions, which are intended to provide financial assistance to Alabama students, and to use those grants and contributions for the purpose or purposes for which the same are made.

(b) Basic duties. ACHE shall be responsible for the effective implementation and administration of the program. ACHE shall do all of the following:

(1) Issue public information, design all forms needed for the effective administration of the program, process all applications, certifications of eligibility, approvals, awards, renewals, revocations, and disbursements of grants, ensure against the utilization of grants for religious or sectarian purposes as provided in Section 16-33A-7, and adopt and implement all rules, policies, and procedures reasonably needed for the effective administration of the program.

(2) Provide information including, but not limited to, brochures, pamphlets, and signage explaining the program and the process for applying for grants under the program, to high school guidance counselors and student counselors employed by approved institutions for publication and distribution to students.

(Acts 1978, 2nd Ex. Sess., No. 90, p. 1778, §5; Act 2021-442, §1.)

§ 16-33A-6 Grant Procedures and Requirements

(a) Availability of grants. Grants shall be available to eligible students and shall be paid to approved institutions on behalf of and to the credit of such students, without regard to place of residence within the State of Alabama, age, race, color, creed, sex or national origin, and shall be paid out of funds appropriated in the annual budget.

(b) Application for grants. Grants may be applied for by any eligible student wishing to receive same, through an approved institution in which he is enrolled or plans to enroll, pursuant to procedures to be devised and implemented by the ACHE.

(c) Approval and award of grants. The ACHE shall not approve any grant until there has been received from an appropriate officer of an approved institution in which an applicant is enrolled, a certification that the applicant is an eligible student. Upon receipt of a proper certification of eligibility, the ACHE shall remit, within a reasonable time, such grant to the approved institution in which an applicant is enrolled on behalf of and to the credit of the applicant. Upon awarding a grant, the ACHE shall issue a certificate evidencing the award to the student involved and shall forward a copy to the institution that is to receive the grant on behalf of and to the credit of the student.

(d) Renewal of grants. Each grant shall be renewable annually for the number of semesters or quarters (or their equivalent) normally required by the institution for the course of study in which the individual student is enrolled, not to exceed five academic years or until such earlier time as the student receives a baccalaureate degree, or has expended 10 semesters or 15 quarters (or their equivalent) of enrollment. The ACHE shall grant a renewal only upon the student’s annual application and upon verification that the student remains an eligible student as defined in this chapter.

(e) Revocation of grants. If a student on whose behalf and to whose credit a grant has been made shall fail to comply with the established rules and regulations in respect to such grant, or shall fail to obtain the minimum level of achievement prescribed for the retention of such grant, or shall for any reason fail to enroll in or be expelled or suspended from an approved institution, the ACHE may, upon appropriate evidence, revoke such grant. In such case, the institution shall reimburse the program for the amount of such grant. A student may again become eligible for a grant when all requirements for eligibility have been met.

(Acts 1978, 2nd Ex. Sess., No. 90, p. 1778, §6.)

§ 16-33A-7 Nonsectarian Use of Funds Required

(a) In the case of a student enrolled in an institution which has a religious or denominational affiliation, the ACHE shall devise and implement rules, regulations and procedures to insure that the maximum amount of assistance available to a student at a given institution under the program does not exceed the per student operating expenditures of the institution for nonsectarian, secular educational purposes.

(b) Under no circumstances shall any funds paid pursuant to this chapter be utilized by an institution for religious, sectarian or denominational purposes, and the ACHE shall devise and implement such regulations and procedures as may be appropriate to insure that such funds are used solely for nonsectarian, secular educational purposes. Any institution receiving grant funds on behalf of and to the credit of eligible students shall segregate such funds in a special revenue account and shall identify nonsectarian expenditures of such funds in its budget. Each institution shall maintain documentation acceptable to ACHE of its expenditure of grant funds to permit verification by ACHE, the chief examiner of public accounts or the state auditor.

(c) Under no circumstances shall this chapter be construed as authorizing money raised for the support of public schools in the State of Alabama to be appropriated or used for the support of any sectarian or denominational school. All grants permitted by this chapter are strictly limited to eligible students enrolled or accepted for enrollment in an approved institution as defined in this chapter.

(Acts 1978, 2nd Ex. Sess., No. 90, p. 1778, §7.)

§ 16-33A-8 Audits of Educational Institutions; Annual Reports to Legislature by Educational Institutions

The Department of Examiners of Public Accounts is hereby authorized and empowered to audit the records of any said institution of postsecondary education which receives any such grants as a result of this chapter to the same extent, degree and scope as its audits of other public educational institutions, and said institution of postsecondary education shall submit to the Legislature each year, before any subsequent grants may be applied for or considered, a full accounting of its receipts, disbursements, assets, liabilities and other resources as of the date of the close of its immediately preceding academic year.

(Acts 1978, 2nd Ex. Sess., No. 90, p. 1778, §8.)

§ 16-33A-9 Proration of Funds When Funds Insufficient to Provide Full Grants

Should funds appropriated to the Alabama Student Grant Program be insufficient to provide each eligible student with a full grant for the term or terms requested, each eligible student shall receive a pro rata grant share of the available funds.

(Acts 1978, 2nd Ex. Sess., No. 90, p. 1778, §9.)

§ 16-33A-10 False Statements and Misrepresentations

Any person who knowingly makes or furnishes any false statement or misrepresentation, or who accepts such false statement or misrepresentation knowing the same to be false, for the purpose of wrongfully obtaining a grant under this chapter or enabling an individual student to wrongfully obtain a grant under this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as by law provided for a misdemeanor.

(Acts 1978, 2nd Ex. Sess., No. 90, p. 1778, §10.)

§ 16-33A-11 Responsibility for Program Upon Cessation of Ache

Should ACHE cease to exist or function, the responsibility for the Alabama Student Grant Program shall be placed on its successor agency and, if none, then upon the State Board of Education.

(Acts 1978, 2nd Ex. Sess., No. 90, p. 1778, §13.)

Chapter 33B Alabama Guaranteed Student Loan Program

§ 16-33B-1 Definitions

As used in this chapter, unless the context clearly requires a different meaning, the following words shall have the following meanings:

(1) ACHE. The Alabama Commission on Higher Education.

(2) APPROVED LENDER. Any eligible institution, or any bank, trust company, savings and loan association, credit union, pension fund, or insurance company, whose primary consumer credit function is not the making of insured student loans and which is examined and supervised by the appropriate state or federal regulatory agency or any other institution or agency defined as an eligible lender in accordance with the Federal Student Loan Law.

(3) ELIGIBLE INSTITUTION. Any postsecondary educational institution which is approved by the Alabama Commission on Higher Education for the purposes of this program. However, an institution offering exclusively correspondence, independent study, or home study courses is not an eligible institution.

(4) FEDERAL STUDENT LOAN LAW. Title IV of the Federal Higher Education Act of 1965, as amended (enacted by the Congress of the United States of America as Public Law 89-239) providing for a student loan insurance or guaranty program, as said Title IV (presently codified as 20 U.S.C. §1071, as amended, et seq.) may at any time be amended and supplemented, together with all federal regulations at the time applicable thereto, and any other or future federal student loan insurance or loan guaranty program or loan subsidy program which may be enacted by the Congress of the United States as a supplement thereto or replacement thereof.

(5) FULL-TIME STUDENT. A student who is carrying the normal full-time academic workload and is maintaining satisfactory academic progress as defined by the educational institution in which that student is enrolled.

(6) HALF-TIME STUDENT. A student who is carrying at least one half of the normal full-time academic workload as determined by the educational institution in which that student is enrolled.

(7) RESIDENT OF ALABAMA. For purposes of this chapter, a resident is a person who attends an eligible institution within the State of Alabama, or who lives in Alabama and attends an eligible institution outside the state, or who obtains a guaranteed student loan from an approved lender.

(8) STUDENT LOAN. A loan or extension of credit to an eligible borrower (including without limitation a parent of an eligible borrower) including the promissory note or other written agreement or instrument evidencing such loan or extension of credit in accordance with the applicable requirements of the Federal Student Loan Law.

(Acts 1980, No. 80-733, p. 1484, §1; Acts 1988, 1st Ex. Sess., No. 88-866, p. 366, §1.)

§ 16-33B-2 Legislative Findings and Purposes

The Legislature declares that there exists within the State of Alabama a lack of sufficient availability of loans to residents of Alabama who choose to attend a postsecondary educational institution and who have a financial need in order to pay a portion or all of such residents’ educationally related expenses at the postsecondary educational institution.

This chapter establishes a guaranteed student loan program which is intended to provide increased access to educational loans for Alabama residents.

(Acts 1980, No. 80-733, p. 1484, §2.)

§ 16-33B-3 Administration of Program

The Alabama Guaranteed Student Loan Program created under this chapter shall be administered by the Alabama Commission on Higher Education. The Executive Director of the Alabama Commission on Higher Education shall have the primary responsibility for the administration of the program, including appropriate staffing, in accordance with the Federal Student Loan Law, and rules, regulations, policies, and procedures to be promulgated by the Alabama Commission on Higher Education.

(Acts 1980, No. 80-733, p. 1484, §3; Acts 1988, 1st Ex. Sess., No. 88-866, p. 366, §1.)

§ 16-33B-4 Basic Powers and Duties of the Alabama Commission on Higher Education for the Alabama Guaranteed Student Loan Program

(a) Basic powers. The Alabama Commission on Higher Education (ACHE) is authorized to administer the Alabama Guaranteed Student Loan Program in accordance with the Federal Student Loan Law, and empowered to promulgate such rules, regulations, policies, and procedures as may be reasonable and proper in order to carry out the provisions and purposes of this chapter. Without limiting the generality of the foregoing, the ACHE is authorized and empowered:

(1) To establish regulations deemed necessary to comply with federal regulations and legislation relative to guaranteed student loans and the Federal Student Loan Law.

(2) To establish eligibility criteria for participating postsecondary educational institutions.

(3) To establish reasonable eligibility criteria for the initial and continuing participation of approved lenders in the student loan program.

(4) To guarantee loans made by approved lenders upon conditions prescribed by ACHE to residents who are attending, have attended or plan to attend eligible institutions in the state or elsewhere, for the purpose of assisting them in meeting educational expenses. ACHE may guarantee 100 percent of the principal and interest on the loans. However, the rate of interest on guaranteed loans may not exceed the annual rate of simple interest prescribed for state student loan guarantee programs pursuant to the Federal Student Loan Law.

(5) To guarantee loans only to students’ parents or to students who attend, have attended or plan to attend an eligible institution.

(6) To enter into contracts and guaranty agreements with approved lenders, state governmental agencies, corporations, and United States governmental agencies, including agreements for federal insurance of losses resulting from death, default, bankruptcy, or total and permanent disability of student borrowers.

(7) To pay the lender an administrative allowance of one percent of the principal amount of the loan up to a maximum of $25.00 per student granted and disbursed a guaranteed student loan in any given year in which such payments are permitted under the Federal Student Loan Law, and funds are available; a year for purposes of this section shall be October 1 through September 30.

(8) To require that any loan guaranteed be disbursed and repaid in the manner and time that ACHE prescribes.

(9) To remove an educational institution’s qualified status upon finding, after reasonable notice and hearing, that the eligible institution fails to meet the standards established by the commission.

(10) To accept, use, and disburse all funds made available to the Alabama Commission on Higher Education for the Alabama Guaranteed Student Loan Program.

(11) To collect an insurance premium, guarantee fee or administrative fee as permitted under the Federal Student Loan Law, and to prudently manage such moneys in accordance with sound financial principles and the Federal Student Loan Law.

(12) To take, hold, and administer, on behalf of the loan program, property, and moneys, and the interest and income derived from them, either absolutely, or in trust. The commission may accept gifts, bequests, devises and loans for the purposes of this program. All fees, receipts, and income of the Alabama Guaranteed Student Loan Program shall be paid over to a bank or banks, as ACHE may direct, and may be expended as authorized by ACHE for support, maintenance, and operation of the Alabama Guaranteed Student Loan Program in accordance with sound financial principles and provisions of the Federal Student Loan Law. No obligation of ACHE for purposes of the loan program or for losses on student loans resulting from death, default, bankruptcy, or total or permanent disability of the student borrowers shall ever (i) create an obligation or a debt of the State of Alabama or any agency or political subdivision thereof other than ACHE or a charge against the credit or taxing powers of the state or any agency or political subdivision thereof other than ACHE, or (ii) create or give rise to any personal liability of any of the commissioners or officers of ACHE, but shall be payable solely from the ACHE “Student Loan Program Fund”.

(13) To enter into contracts, agreements or covenants with, to accept aid, loans and grants from, to cooperate with, to make loan servicing arrangements and other management arrangements with, and to do any and all things not specifically prohibited by this chapter or other applicable laws of the state that may be necessary in order for ACHE to avail itself of the aid, assistance and cooperation of, and any services and benefits available from, any federal agency, the state or any agency, department, instrumentality or political subdivision thereof in furtherance of the purposes of this chapter, or the Federal Student Loan Law, including without limitation, contracts, agreements, covenants, insurance arrangements, or guarantee arrangements, with the federal government or the state, or any agency, department, instrumentality or political subdivision thereof for the guarantee or insurance or purchase or subsidy in any form of student loans or other interest or rights that ACHE may acquire.

(14) To appoint, employ, discharge, and contract with such employees, agents, servicing agents, independent contractors, trustees and depositories, including without limitation, attorneys, accountants, financial experts, fiscal agents and other advisors, insurers, banks and trust companies, consultants and agents, as may in the judgment of ACHE be necessary or desirable, and to fix and pay their compensation and any portion or all of their expenses.

(15) To enter into such management, servicing and other contracts with any governmental agency, nonprofit organization or private business entity as may in the judgment of ACHE be necessary or desirable in order to perform more effectively, efficiently or economically various clerical, safekeeping, loan disbursing, loan servicing, portfolio management, accounting and administrative functions for which ACHE may become responsible in the exercise of the powers conferred upon it by this chapter, including without limitation, contracts for the servicing and collection of any student loans held by ACHE.

(16) To purchase, lease or rent property or equipment in order to carry out ACHE’s duties and responsibilities for the Alabama Guaranteed Student Loan Program. All purchases or lease/rent contracts of supplies and equipment for the Alabama Guaranteed Student Loan Program shall be made or let on a competitive bidding basis, and may be made through the state purchasing agent, or otherwise, as the Executive Director of ACHE may direct. No purchases shall be made from any member of the Legislature, any member of ACHE or any other person holding an office of profit with the State of Alabama.

(17) To appoint advisory councils or committees as needed from among representatives of approved lenders, eligible institutions and other entities concerned with the Alabama Guaranteed Student Loan Program or from the public generally to advise in regard to plans, programs and regulations.

(b) Basic duties. ACHE shall be responsible for the effective implementation and administration of the program. ACHE shall issue public information; promote the availability of the program; design all forms needed for the effective administration of the program; process all applications, certifications of eligibility, and claims; service loans; implement effective collection procedures; promulgate and implement all rules, regulations, policies and procedures; and perform other duties necessary for the effective administration of the program. Without limiting the generality of the foregoing, the basic duties of ACHE also include administration in the following areas:

(1) Funds received under the loan program shall be deposited by ACHE in a separate account known as the “Student Loan Program Fund.” The money remaining in the “Student Loan Program Fund” at the end of a state fiscal year shall not revert to the Special Educational Trust Fund or any other state fund. After consultation with the director of the loan program, ACHE shall invest such funds. The funds invested, and any income earned on accounts so invested, shall become a part of the “Student Loan Program Fund.”

(2) The property, income, obligations, and activities of the program are exempt from all state and local taxation.

(3) Upon default by the borrower on a loan guaranteed under this program, and before the commencement of a suit or other enforcement proceedings upon security for the loan, the holder of the guaranteed loan obligation shall promptly notify ACHE, and ACHE shall draw upon the “Student Loan Program Fund” and shall pay the holder of that loan as soon as the amount is determined. ACHE shall determine the amount of loss in accordance with its rules; however, the amount of loss may not exceed the unpaid balance of the principal amount and the unpaid accrued interest.

Upon payment by ACHE of the guaranteed portion of the loss, ACHE shall be subrogated to the rights of the holder of the obligation upon the insured loan, and ACHE shall be entitled to an assignment of the note or other evidence of the guaranteed loan by the holder.

This section does not preclude any forbearance for the benefit of the student borrower agreed upon by the parties to the guaranteed loan and ACHE.

The holder of a guaranteed loan shall exercise reasonable care and diligence in the making, servicing, and collecting of loans. ACHE may disqualify an approved lender from the guarantee of further loans upon finding, after reasonable notice and hearing, that the lender has substantially failed to exercise reasonable care and diligence in the making and collecting of loans. The disqualification shall continue until ACHE is satisfied that the lender will exercise reasonable care and diligence in the future.

(Acts 1980, No. 80-733, p. 1484, §4; Acts 1988, 1st Ex. Sess., No. 88-866, p. 366, §1.)

§ 16-33B-5 Audit of Approved and Eligible Institutions

Each approved institution and eligible institution shall be subject to examination at any time by ACHE or the Examiner of Public Accounts for the purpose of determining whether such institution has complied with the provisions of this chapter and the rules and regulations promulgated pursuant to this chapter.

(Acts 1980, No. 80-733, p. 1484, §5.)

§ 16-33B-6 False Statements or Misrepresentations

Any person who knowingly makes or furnishes any false statement or misrepresentation, or who accepts such false statement or misrepresentation knowing the same to be false, for the purpose of enabling an individual or institution to wrongfully obtain moneys under this program, shall be guilty of a Class A misdemeanor and, upon conviction thereof, shall be subject to a fine or to imprisonment, or to both, as such misdemeanor is defined in Title 13A.

(Acts 1980, No. 80-733, p. 1484, §6.)

§ 16-33B-7 Dissolution of Program; Vesting of Property

The loan program may not be dissolved until all guaranteed loans have been repaid by the borrowers, or if in default, by ACHE. Upon dissolution of the loan program, all the property and moneys of the program not owed to the federal government shall vest in the Education Trust Fund, or its successor fund.

(Acts 1980, No. 80-733, p. 1484, §7.)

§ 16-33B-8 Legal Counsel for Program

The Attorney General or his agent shall act as legal counsel to ACHE for the Alabama Guaranteed Student Loan Program. When the collection of loans on which ACHE has met its guarantee obligation requires legal action outside the State of Alabama, ACHE, upon recommendation of the Attorney General, may employ private, out-of-state counsel and expend its own funds to pay for this service.

(Acts 1980, No. 80-733, p. 1484, §8.)

Chapter 33C Wallace-Folsom Prepaid College Tuition Trust Fund

§ 16-33C-1 Legislative Intent

The Legislature of Alabama hereby finds and determines that the advancement and improvement of higher education in the State of Alabama is a proper governmental function and purpose of the State of Alabama. Additionally, the Legislature of Alabama intends to establish a qualified ABLE Program in this state which will encourage and assist Alabama individuals and families in saving private funds for the purpose of supporting Alabama citizens with disabilities. It is therefore the legislative intent of this chapter to establish the Wallace-Folsom Savings Investment Plan that consists of the ABLE Program, ACES Program, and the PACT Program. In establishing this plan, it is further the intent of the Legislature to encourage timely financial planning for higher education and other qualified disability expenses.

(Acts 1989, No. 89-862, p. 1717, §1; Acts 1990, No. 90-570, p. 970, §1; Act 2001-427, p. 544, §1; Act 2015-442, §1.)

§ 16-33C-2 Short Title

This chapter shall be known as the “Wallace-Folsom Savings Investment Plan Act.”

(Acts 1989, No. 89-862, p. 1717, §2; Act 2001-427, p. 544, §1; Act 2015-442, §1.)

§ 16-33C-2.1 Creation and Administration of Plan

There is hereby created the Wallace-Folsom Savings Investment Plan as an agency and instrumentality of the State of Alabama. The plan consists of the PACT Program, the ACES Program, and the ABLE Program. The plan shall be administered by the State Treasurer in accordance with the provisions of this chapter and rules, regulations, and guidelines established by the boards. The facilities and resources of the State Treasurer’s office shall be used and employed in the administration of the plan. The official location of the plan shall be the State Treasurer’s office.

(Act 2001-427, p. 544, §2; Act 2015-442, §1.)

§ 16-33C-3 Definitions

The following terms as used in this chapter shall have the meanings ascribed to them, unless the context clearly indicates otherwise:

(1) ABLE PROGRAM. The Achieving a Better Life Experience Program established pursuant to this chapter and defined in Section 529A of the Internal Revenue Code of 1986, as amended, or other applicable federal law, to assist individuals and families to save private funds to support individuals with disabilities to maintain health, independence, and quality of life.

(2) ABLE SAVINGS ACCOUNT. An individual ABLE trust fund account established by a contributor pursuant to this chapter to apply distributions from the account toward qualified disability expenses for an eligible designated beneficiary, both terms as defined in Section 529A of the Internal Revenue Code of 1986, as amended, or other applicable federal law.

(3) ABLE TRUST FUND. The fiduciary trust fund established pursuant to this chapter comprised of separate and segregated ABLE savings accounts as established by savings agreements.

(4) ACES ADMINISTRATIVE FUND. The ACES Administrative Fund created in Section 16-33C-10.

(5) ACES PROGRAM. The Alabama Comprehensive Education Savings Program, a qualified tuition program established pursuant to this chapter and as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law, to assist individuals and families to save funds for the purpose of meeting the qualified higher education expenses of the designated beneficiary, as those terms are defined and used in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law.

(6) ACES SAVINGS ACCOUNT. An individual ACES account held in the ACES Trust Fund established by a contributor pursuant to this chapter in order to apply distributions from the account toward qualified higher education expenses for an eligible designated beneficiary, as those terms are defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law.

(7) ACES TRUST FUND. The fiduciary trust fund created in Section 16-33C-10.

(8) CONTRIBUTOR. Any person who contributes money to an ACES Program savings account or an ABLE Program savings account established pursuant to this chapter on behalf of a designated beneficiary and who is listed as the owner of the savings account.

(9) DESIGNATED BENEFICIARY. The eligible individual named as the beneficiary of an ABLE savings account, ACES savings account, or PACT contract established pursuant to this chapter.

(10) LEGISLATURE. The Legislature of Alabama.

(11) PACT ADMINISTRATIVE FUND. The PACT Administrative Fund created in subsection (c) of Section 16-33C-6.

(12) PACT BOARD. The board of directors and trustees of the PACT Trust Fund.

(13) PACT CONTRACT. A contract entered into by the board and a participant in the PACT Program.

(14) PACT PROGRAM. The Alabama Prepaid Affordable College Tuition Program created in subsection (a) of Section 16-33C-6.

(15) PACT TRUST FUND. The fiduciary trust fund created in subsection (b) of Section 16-33C-6.

(16) PLAN. The Wallace-Folsom Savings Investment Plan established pursuant to this chapter that consists of the PACT Program, the ACES Program, and the ABLE Program.

(17) PURCHASER. A person who is obligated to make contract payments in accordance with a PACT contract entered into pursuant to this chapter.

(18) SAVINGS AGREEMENT. An agreement entered into between the Savings Board and a contributor establishing an ACES or ABLE savings account.

(19) SAVINGS BOARD. The Board of Directors of the ABLE Program and ACES Program, and trustees of the ABLE Trust Fund and ACES Trust Fund.

(20) STATE TREASURER. The State Treasurer of Alabama.

(Acts 1989, No. 89-862, p. 1717, §3; Acts 1990, No. 90-570, p. 970, §1; Act 2001-427, p. 544, §1; Act 2010-725, p. 1800, §7; Act 2015-442, p. 1419, §1; Act 2021-167, §1.)

§ 16-33C-4 Composition of Aces Board

(a) The Savings Board shall consist of 11 members as follows:

(1) The Lieutenant Governor, or his or her designee.

(2) The Executive Director of the Alabama Commission on Higher Education (ACHE), or his or her designee.

(3) The State Treasurer.

(4) The Chancellor of the Alabama Community College System, or his or her designee.

(5) One person appointed by the Council of College and University Presidents.

(6) One person appointed by the Speaker of the House of Representatives.

(7) One person appointed by the Lieutenant Governor.

(8) One person appointed by the State Treasurer.

(9) Two persons appointed by the Governor.

(10) One person appointed by the State Treasurer who has experience in health and disability related matters.

(b) Members shall serve for terms of office of four years and shall be eligible for reappointment, and shall serve until a successor is appointed. Any person appointed to fill a vacancy on the Savings Board shall be appointed in a like manner and shall serve for only the unexpired term. Ex officio members of the board shall serve terms coincident with their terms of office.

(c) Each person so appointed shall possess knowledge, skill, and experience in business or financial matters commensurate with the duties and responsibilities of the ABLE Program and ACES Program.

(d) Members of the Savings Board shall serve without compensation, but may be reimbursed for each day’s official duties of the board at the same per diem and travel rate as is paid the employees of the state.

(e) The State Treasurer shall be the chair and presiding officer of the Savings Board, and the State Treasurer may appoint such other officers as the board may deem advisable or necessary. A majority of the members of the Savings Board shall constitute a quorum for the transaction of the business of the program.

(f) Members of the Savings Board or any committee established by the Savings Board may participate in a meeting of the board or committee by means of telephone conference, video conference, or similar communications equipment by means of which all persons participating in the meeting may hear each other at the same time. Participation by such means shall constitute presence in person at a meeting for all purposes, including the establishment of a quorum. Notice of such meetings must be given in accordance with the Alabama Open Meetings Act and such telephone or video conference or similar communications equipment shall also allow members of the public the opportunity to simultaneously listen to or observe such meetings.

(Acts 1989, No. 89-862, p. 1717, §4; Acts 1990, No. 90-570, p. 970, §1; Act 2001-427, p. 544, §1; Act 2006-62, p. 75, §1; Act 2010-725, p. 1800, §7; Act 2015-442, §1.)

§ 16-33C-4.1 Composition of Pact Board

(a) The PACT board shall consist of 15 members as follows:

(1) The Director of Finance.

(2) The State Treasurer.

(3) Two persons appointed by the Governor.

(4) Two persons appointed by the Speaker of the House of Representatives, one of whom shall be a PACT contract holder.

(5) One person appointed by the Lieutenant Governor.

(6) One person appointed by the Senate President Pro Tempore.

(7) The President of the Council of College and University Presidents or his or her designee.

(8) The Chancellor of the Postsecondary Education Department or his or her designee.

(9) The Executive Director of the Alabama Commission on Higher Education.

(10) One member of the House of Representatives appointed by the Speaker of the House of Representatives.

(11) One member of the Senate appointed by the Lieutenant Governor.

(12) The Chief Executive Officer of the Retirement Systems of Alabama or his or her designee.

(13) The President of the Alabama Association of Independent Colleges and Universities or his or her designee.

(b) Members shall serve for terms of office of four years and shall be eligible for reappointment, and shall serve until a successor is appointed. Any person appointed to fill a vacancy on the PACT board shall be appointed in a like manner and shall serve for only the unexpired term.

(c) With the exception of those members serving on the PACT board by virtue of their respective offices, a person appointed to the PACT board shall be an expert in the field of investments, market analysis, or financial planning, or on similar matters commensurate with the duties and responsibilities of the plan. Additionally, all members of the PACT board have the fiduciary responsibility to devise and implement an investment strategy designed to maximize investment returns in a manner that correlates with future projected benefit payouts.

(d) Members of the PACT board shall serve without compensation, but may be reimbursed for each day’s official duties of the PACT board at the same per diem and travel rate as is paid the employees of the state.

(e) The State Treasurer shall be the chair and presiding officer of the PACT board, and the State Treasurer may appoint such other officers as the PACT board may deem advisable or necessary. A majority of the members of the PACT board shall constitute a quorum for the transaction of the business of the plan.

(f) The membership of the PACT board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The PACT board shall annually report to the Legislature by the fifth legislative day of each regular session the extent to which the PACT board has complied with the diversity provisions provided for in this subsection.

(Act 2010-725, p. 1800, §8.)

§ 16-33C-4.2 Transition for Pact Board

It is the intent of the Legislature that there be an orderly transition between the current PACT board and the PACT board created in Section 16-33C-4.1. As a result, on June 1, 2010, the PACT-related responsibilities of the current PACT board shall terminate and the term of office of the members of the PACT board created in Section 16-33C-4.1 shall commence. Additionally, the PACT board created in Section 16-33C-4.1 shall hold its first official meeting prior to July 1, 2010.

(Act 2010-725, p. 1800, §9.)

§ 16-33C-5 Powers of Board

In addition to the powers granted by any other provision of this chapter, the Savings Board and PACT board shall have, as agents of the State of Alabama, the powers necessary or convenient to carry out the purposes and provisions of this chapter, to develop and implement the ABLE Program, ACES Program and the PACT Program, and the powers delegated by any other law of the state or any executive order thereof including, but not limited to, the following express powers:

(1) To adopt and amend bylaws.

(2) To adopt the rules and regulations necessary to implement the provisions of this chapter either with or without compliance with the state Administrative Procedure Act.

(3) To invest as they deem appropriate any funds in the plan in any instrument, obligation, security, or property that constitutes legal investments for public funds in the state, including legal investments for the State Treasurer and the Alabama Trust Fund, and to name and use depositories for its investments and holdings.

(4) To contract with a purchaser under the PACT Program.

(5) To enter into savings agreements under the ABLE Program and ACES Program.

(6) To enter into and execute contracts and other instruments for necessary goods and services, to employ necessary personnel, and to engage the services of qualified persons and entities for administrative and technical assistance in carrying out the responsibilities of the plan, under terms and conditions that the PACT board or Savings Board deems reasonable and appropriate. All such contracts awarded by the PACT board or Savings Board may be for periods not exceeding five years, except that professional services contracts awarded by the Savings Board may be for periods not exceeding ten years.

(7) To contract with other states to participate under the rules of another state’s qualified ABLE Program or to authorize the participation of a contracting state in the Alabama ABLE Program.

(8) To apply for, accept, and expend gifts, grants, or donations from public or private sources to enable it to carry out its objectives and the purposes of this chapter.

(9) To define the terms and conditions of and enter into PACT contracts and savings agreements.

(10) To delegate to the State Treasurer the responsibilities of the day-to-day administration of the plan.

(11) To establish other policies, procedures, and criteria necessary to implement and administer the provisions of this chapter.

(12) To authorize the State Treasurer to approve marketing material produced for the plan. Neither the state, the State Treasurer, the PACT board, nor the Savings Board is liable for misrepresentation by a marketing agent.

(Acts 1989, No. 89-862, p. 1717, §5; Acts 1990, No. 90-570, p. 970, §1; Act 2001-427, p. 544, §1; Act 2010-725, p. 1800, §7; Act 2015-442, §1.)

§ 16-33C-6 Pact Program Generally

(a) The PACT Program is established as one college savings alternative under the plan whereby purchasers enter into PACT contracts for the future payment of tuition and mandatory fees at eligible educational institutions. The PACT Program includes the PACT Trust Fund and the PACT Administrative Fund created pursuant to this chapter.

(b) The official location of the trust fund shall be the State Treasurer’s office, and the facilities of the State Treasurer shall be used and employed in the administration of the fund including, but without limitation thereto, the keeping of records, the management of bank accounts and other investments, the transfer of funds, and the safekeeping of securities evidencing investments. The PACT Trust Fund is hereby created as the source for payment of the PACT Program’s obligations under PACT contracts. The amounts on deposit in the PACT Trust Fund shall not constitute property of the state, and the state may have no claim or interest in them. Payments which are received by the PACT Program from any public or private source, except those which are payments of administrative fees, shall be prudently placed in the PACT Trust Fund. In order to provide funds to enable the PACT Program to pay amounts due under the terms of its PACT contracts, there is irrevocably pledged to that purpose from the PACT Trust Fund the monies necessary to pay those amounts. A PACT contract and any other contract entered into by or on behalf of the trust, does not constitute a debt or obligation of the state, and no participant is entitled to any benefits except those for which he or she contracted.

(c) Payments received by the PACT board from purchasers on behalf of designated beneficiaries or from any other source, public or private, shall be placed in the trust fund, and the fund may be divided into separate accounts as may be determined by the PACT board. The PACT Administrative Fund is hereby created as a separate fund within the State Treasurer’s office for the purpose of administering the PACT Program. All administrative fees received by the PACT Program shall be deposited into the PACT Administrative Fund. All funds in the PACT Administrative Fund are hereby irrevocably pledged to the payment of administrative costs of the PACT Program. Funds in the PACT Administrative Fund may be invested by the State Treasurer in any investment facility allowed by this chapter. Any interest and earnings from the investment of funds in the PACT Administrative Fund shall be deposited to, and become a part of, the PACT Administrative Fund for use as authorized by this chapter. All funds in the PACT Administrative Fund at the end of each fiscal year of the State of Alabama shall remain in the PACT Administrative Fund and be automatically carried forward and available to be appropriated by the Alabama Legislature for the administration of the PACT Program.

(d) Gross earnings on PACT Trust Fund principal may be directly used by the PACT board to satisfy investment costs of the PACT Trust Fund and to supplement balances in the PACT Administrative Fund to cover outstanding administrative costs of the PACT Program as the board deems necessary. Gross earnings on the principal of the PACT Trust Fund remaining after payment of investment costs and deposits into the PACT Administrative Fund as authorized herein shall be deposited into, and become a part of, the principal of the PACT Trust Fund. In acquiring, investing, reinvesting, exchanging, retaining, selling, and managing property of the PACT Trust Fund, the PACT board and any person or investment manager to whom the PACT board delegates any of its investment authority shall exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but to permanent disposition of funds, considering the probable income as well as the safety of their capital. When acting within this standard of care, no PACT board member, or any person or investment manager to whom the PACT board delegates any of its investment authority, shall be held personally liable for losses suffered by the PACT Program on investments made pursuant to this chapter. No PACT board member shall be held personally liable for any losses, damages, or claims which have arisen or may arise from or are related to any act or omission of the board member taken in service as a member of the board or as a trustee, so long as the board member acted in good faith.

(e) The PACT board shall obtain appropriate actuarial assistance to establish, maintain, and certify a fund sufficient to defray the obligation of the PACT Trust Fund, and shall annually evaluate or cause to be evaluated, the actuarial soundness of the PACT Trust Fund. After that determination has been made, all monies on deposit in the PACT Trust Fund, up to and including the amount of the future obligations, shall remain on deposit in the PACT Trust Fund. If the PACT board perceives a need for additional assets in order to preserve actuarial soundness of the PACT Trust Fund, it may adjust the terms of subsequent prepaid tuition contracts to ensure the soundness.

(f) Property and income of the PACT Trust Fund and PACT Administrative Fund shall be exempt from all taxation by the state and by all of its political subdivisions.

(Acts 1989, No. 89-862, p. 1717, §6; Acts 1990, No. 90-570, p. 970, §1; Acts 1997, No. 97-547, p. 957, §1; Act 2001-427, p. 544, §1; Act 2010-725, p. 1800, §7.)

§ 16-33C-7 Pact Contracts

(a) Each PACT contract shall include, but shall not be limited to, the following terms:

(1) The amount and the number of contract payments required from a purchaser on behalf of a designated beneficiary.

(2) The terms and conditions under which purchasers shall remit contract payments, including, but not limited to, the date or dates upon which each contract payment shall be due.

(3) Provisions for late payment charges and for default.

(4) Provisions for withdrawal from the PACT Program, including refunds and any penalty therefor.

(5) The name and date of birth of the designated beneficiary on whose behalf a contract is drawn.

(6) Terms and conditions under which another person may be subsequently substituted for the designated beneficiary originally named.

(7) The name of the person entitled to terminate the PACT contract, the terms and conditions under which a PACT contract may be terminated, and the name of the person entitled to any refund due as a result of termination of a PACT contract.

(8) The period of time during which the designated beneficiary must claim benefits through the PACT Program.

(9) The number of credit hours contracted for by the purchaser.

(10) All other rights and obligations of the purchaser and the PACT Program.

(11) Such other terms, conditions, and provisions as the board considers in its sole discretion to be necessary or appropriate.

(b) In the event a designated beneficiary is accepted by and elects to attend a college or university outside the State of Alabama, the PACT board shall, upon receipt of evidence of admission to said college or university, remit contract benefits pursuant to the terms of the PACT contract.

(c) A PACT contract shall also specifically provide that, if after ten years following the designated beneficiary’s college entrance date or the actual entrance date of a designated beneficiary who is an accelerated student, neither the PACT contract has been terminated nor the designated beneficiary’s rights under the contract exercised, the PACT board, after making reasonable effort to locate the purchaser, shall presume the contract purchase amount unclaimed and abandoned property, and thereafter administered in accordance with the Alabama Uniform Disposition of Unclaimed Property Act, Article 2 of Chapter 12 of Title 35.

(d) Nothing in this chapter, nor in a PACT contract entered into pursuant to this chapter, shall be construed as a promise or guarantee by the PACT board or the state that: A person shall be admitted to a particular college or university; or that a person shall be allowed to continue to attend a college or university after having been admitted; or that a person shall be graduated from a college or university; or that Alabama resident status shall be conferred. Each state college or university shall establish its own residency requirements for matriculation.

(e) The state or any state agency, or any county, or municipality, or any other employer in the state is hereby authorized, by contract, or otherwise, to agree with any employee to remit contract payments through payroll deduction made by the appropriate official of the state, state agency, political subdivision, or other employer under the terms of an accepted PACT contract.

(Acts 1989, No. 89-862, p. 1717, §7; Act 2001-427, p. 544, §1; Act 2010-725, p. 1800, §7.)

§ 16-33C-8 Additional Pact Duties of Board

In addition to any other requirements of this chapter, the PACT board shall:

(1) Make available summary information on the financial condition of the PACT Program to all purchasers of PACT contracts.

(2) Prepare, or cause to be prepared, an annual report of the PACT Program, including details regarding the actuarial soundness of the program, and transmit a copy of same to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. Such report shall be submitted not later than the fifth legislative day of the regular legislative session. Additionally, such report shall be presented during annual legislative budget hearings.

(3) Make all necessary and appropriate arrangements with colleges and universities in order to fulfill its obligations under PACT contracts.

(4) Submit, before any PACT-related investment or administrative contract is duly executed, a request for proposals (RFP).

(5) Require, before any PACT-related investment or administrative contract is duly executed, such contract to be approved by a majority vote of the PACT board.

(6) Prepare, or cause to be prepared, a quarterly report detailing the current projected funding status of the PACT Program, with a copy of such report transmitted to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives.

(7) Establish specific investment guidelines that include failsafe measures designed to limit future susceptibility of PACT investments to extreme market fluctuations.

(Acts 1989, No. 89-862, p. 1717, §8; Acts 1990, No. 90-570, p. 970, §1; Acts 1997, No. 97-547, p. 957, §1; Act 2001-427, p. 544, §1; Act 2010-725, p. 1800, §7.)

§ 16-33C-9 Dissolution of Pact Program

[Repealed]

Repealed by Act 2010-725, p. 1800, §10, effective April 30, 2010.

(Act 2001-427, p. 544, §2.)

§ 16-33C-10 Aces Program Generally

(a) The ACES Program is established as one savings alternative under the plan whereby contributors open ACES savings accounts according to savings agreements for the payment of qualified higher education expenses for a designated beneficiary, as those terms are defined or used in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law. The ACES Program includes the ACES Trust Fund, the ACES Administrative Fund, and the ACES Opportunity Enhancement Fund created pursuant to this chapter. The ACES Program may be marketed under a different name than ACES.

(b) The ACES Trust Fund is hereby created and shall be comprised of separate ACES savings accounts held in segregated accounts as established by savings agreements. Funds contributed to the ACES savings accounts established pursuant to the ACES Program are held in trust by the Savings Board for the sole benefit of the contributor and designated beneficiary. Contributions which are received by the ACES Program from any public or private source, except those which are payments of administrative fees, shall be placed in the ACES Trust Fund.

(c) The ACES Administrative Fund is hereby created as a separate fund within the State Treasurer’s office for the purpose of administering the ACES Program. The ACES Administrative Fund shall accept, deposit, and disburse funds for the purpose of administering the ACES Program. All funds in the ACES Administrative Fund are hereby irrevocably pledged to the payment of the administrative costs of the ACES Program. Funds in the ACES Administrative Fund may be invested by the State Treasurer in any investment facility allowed by this chapter. Any interest and earnings from the investment of funds in the ACES Administrative Fund shall be deposited to, and become a part of, the ACES Administrative Fund for use as authorized by this chapter. All funds in the ACES Administrative Fund at the end of each fiscal year of the State of Alabama shall remain in that administrative fund and be automatically carried forward and available to be appropriated by the Alabama Legislature for the administration of the ACES Program.

(d) The State Treasurer is authorized to retain the services of one or more persons as staff members in order to implement and manage the ACES Program. Any expenses incurred shall be paid from the ACES Administrative Fund.

(e) Property and income of the ACES Trust Fund, ACES Administrative Fund, and the ACES Opportunity Enhancement Fund shall be exempt from all taxation by the state and by all of its political subdivisions.

(f) The ACES Opportunity Enhancement Fund is created as a separate fund within the State Treasurer’s office for the purpose of enhancing and providing higher education opportunities and programs, as the Savings Board deems necessary and appropriate. The fund may receive contributions from individuals, private business entities, public corporations, and contractual agreements with service providers. The funds shall be utilized in the discretion and solely at the direction of the Savings Board. The amounts on deposit in the fund shall not constitute property of the state, and the state shall have no claim or interest in them.

(Act 2001-427, p. 544, §2; Act 2006-62, p. 75, §1; Act 2010-725, p. 1800, §7; Act 2015-442, p. 1419, §1; Act 2021-167, §1.)

§ 16-33C-11 Aces Savings Agreements

(a) Each savings agreement made pursuant to this chapter shall include, but shall not be limited to, the following terms and provisions:

(1) The maximum and minimum annual contributions and maximum account balance allowed on behalf of a designated beneficiary.

(2) Provisions for withdrawals, refunds, transfers, returns of excess contributions and any penalties.

(3) The terms and conditions for remitting contributions, including, but not limited to, that contributions may be made in cash only.

(4) The name, address, date of birth, and Social Security number of the designated beneficiary on whose behalf the ABLE or ACES savings account is opened.

(5) Terms and conditions for designation of a substitute beneficiary.

(6) Terms and conditions for termination of the account, including any transfers to the state upon the death of the qualified beneficiary, if applicable, refunds, withdrawals, transfers, applicable penalties, the name of the person entitled to any refund due as a result of termination, and the name of the person entitled to terminate the account.

(7) The time period during which the designated beneficiary is required to use benefits from the ABLE Program or ACES Program.

(8) All other rights and obligations of the contributor and the ABLE Program or ACES Program.

(9) Any other terms and conditions which the Savings Board deems necessary or appropriate, including those necessary to conform the ACES and ABLE Programs and savings agreements with the requirements of Sections 529 and 529A of the Internal Revenue Code of 1986, as amended, or other applicable federal law.

(10) If, after the specified time period determined by the Savings Board under which the designated beneficiary is required to use benefits from the ABLE Program or ACES Program, the savings agreement has not been terminated nor the designated beneficiary’s rights exercised, the Savings Board, after making reasonable effort to contact the contributor, shall presume the savings account monies unclaimed and abandoned property, and thereafter administered in accordance with the Alabama Uniform Disposition of Unclaimed Property Act, Article 2 of Chapter 12 of Title 35.

(11) Participation in the ACES Program does not guarantee that sufficient funds will be available to cover qualified higher education expenses of a designated beneficiary.

(12) Notwithstanding any provision of any law to the contrary, money in the ABLE Program or ACES Program shall be exempt from creditor process and shall not be liable to attachment, garnishment, or other process, nor shall it be seized, taken, appropriated, or applied by any legal or equitable process or operation of law to pay any debt or liability of any contributor or beneficiary, provided, however, that the state of residency of the designated beneficiary of an ABLE savings account shall be a creditor of such account in the event of the death of the designated beneficiary.

(b) Nothing in this chapter shall make any provisions or warranties except as provided in savings agreements, including that a person shall be admitted to, allowed to continue in, graduated from a college or university, or conferred Alabama resident status.

(c) The state or any state agency, county, municipality, or any other employer in the state is hereby authorized, by contract, or otherwise, to agree with any employee to remit contributions through payroll deduction made by the appropriate official of the state, state agency, political subdivision, or other employer under the terms of a savings agreement.

(Act 2001-427, p. 544, §2; Act 2010-725, p. 1800, §7; Act 2015-442, §1.)

§ 16-33C-12 Additional Duties of Savings Board

In addition to any other requirements of this chapter, the Savings Board shall:

(1) Make available summary information on the ABLE Program and ACES Program to all contributors to savings agreements.

(2) Prepare, or cause to be prepared, an annual accounting of the ABLE Program and ACES Program and transmit a copy of same to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives.

(3) Make all necessary and appropriate arrangements with colleges and universities in order to fulfill its obligations under savings agreements.

(Act 2001-427, p. 544, §2; Act 2010-725, p. 1800, §7; Act 2015-442, §1.)

§ 16-33C-13 Dissolution of Aces Program

In the event of dissolution of the ACES Program by the Alabama Legislature, any balances which remain in the ACES Trust Fund and in the ACES Administrative Fund after all costs and liabilities of the ACES Program have been paid, shall be returned to contributors according to savings agreements. Any unclaimed assets remaining in the ACES Program thereafter shall be administered in accordance with the Alabama Uniform Disposition of Unclaimed Property Act, Article 2 of Chapter 12 of Title 35.

(Act 2001-427, p. 544, §2.)

§ 16-33C-14 Appropriations from the Education Trust Fund to the Pact Program

[Repealed]

Repealed by Act 2015-538, 2nd Sp. Sess., §2, effective September 17, 2015.

(Act 2010-725, p. 1800, §1.)

§ 16-33C-15 Appropriations from the Education Trust Fund to the Pact Trust Fund; Purpose

[Repealed]

Repealed by Act 2015-538, 2nd Sp. Sess., §2, effective September 17, 2015.

(Act 2010-725, p. 1800, §2.)

§ 16-33C-16 Appropriations from the Education Trust Fund to the Pact Trust Fund

(a) There is annually appropriated from the Education Trust Fund to the PACT Trust Fund the following amounts in the following fiscal years:

(1) For the fiscal year ending 2016 -- $33,952,000;

(2) For the fiscal year ending 2017 -- $63,622,000;

(3) For the fiscal year ending 2018 -- $62,783,000;

(4) For the fiscal year ending 2019 -- $61,539,000;

(5) For the fiscal year ending 2020 -- $60,738,300;

(6) For the fiscal year ending 2021 -- $31,881,600;

(7) For the fiscal year ending 2022 -- $32,181,600;

(8) For the fiscal year ending 2023 -- $33,494,400;

(9) For the fiscal year ending 2024 -- $33,728,700;

(10) For the fiscal year ending 2025 -- $38,449,500;

(11) For the fiscal year ending 2026 -- $39,201,000;

(12) For the fiscal year ending 2027 -- $32,500,000.

(b) Beginning with the fiscal year ending September 30, 2017, for budgetary purposes and annual budget calculations, fifty-five percent (55%) of the appropriations made in this section shall be considered to be a portion of the funding received by colleges and universities, and the remainder shall be considered to be the same as appropriations made for debt service.

(Act 2010-725, p. 1800, §3; Act 2012-198, p. 328, §1; Act 2015-538, 2nd Sp. Sess., §3.)

§ 16-33C-17 Charge of Mandatory Fees or Tuition Per Credit Hour

[Repealed]

Repealed by Act 2012-198, §3, effective April 12, 2012.

(Act 2010-725, p. 1800, §4.)

§ 16-33C-18 Limits on Increase in Mandatory Fees and Tuition

On behalf of all current and future postsecondary students, the Legislature strongly encourages all public institutions of higher education to limit any annual percentage increases in mandatory fees and tuition to the average percentage amount such fees and tuition were annually increased over the previous 10-year period, to the extent such limitation is possible.

(Act 2010-725, p. 1800, §11.)

§ 16-33C-19 Changes to Pact Rules, Procedures, or Policies

[Repealed]

Repealed by Act 2012-198, §3, effective April 12, 2012.

(Act 2010-725, p. 1800, §12.)

§ 16-33C-20 Certification That Appropriations No Longer Necessary

In the event that the PACT Program’s Board of Directors receives an actuarial report certifying that any appropriation made in Section 16-33C-14, Section 16-33C-15, or Section 16-33C-16 is no longer necessary, the PACT Program’s Board of Directors shall certify to the Legislature that no future appropriations are necessary.

(Act 2010-725, p. 1800, §5; Act 2012-198, p. 328, §1.)

§ 16-33C-21 Disposition of Funds

Any funds in the PACT Trust Fund remaining after the payment of all of the obligations of the fund shall be transferred to the Education Trust Fund in the fiscal year immediately following the year in which the last obligations are met.

(Act 2010-725, p. 1800, §6.)

§ 16-33C-22 Dissolution of Pact Program

Once all benefits or obligations owed to the PACT contract holders have been paid, the PACT Program shall be dissolved and the provisions of this chapter shall be void.

(Act 2010-725, p. 1800, §13.)

§ 16-33C-23 Actuary Deficits

The PACT Board is expressly authorized to negotiate, accept, and implement a legally binding resolution with PACT purchasers and beneficiaries to address any actuarial deficit in the PACT Trust Fund, which includes all powers granted elsewhere in this chapter and all other powers necessary or convenient under this section.

(Act 2012-198, p. 328, §2.)

§ 16-33C-24 Able Program Generally

(a) The ABLE Program includes the ABLE Trust Fund, and may be marketed under a different name than ABLE. The ABLE Trust Fund is hereby created and comprised of separate ABLE Savings Accounts established pursuant to this chapter. The ABLE Trust Fund receives contributions to ABLE Savings Accounts. One or more persons may make contributions to an ABLE Savings Account.

(b) Available sources of funds, public or private, including any administrative fees received from ABLE contracting parties, shall be deposited in the State Treasury Operations Fund. All ABLE Program expenses, including operating, administrative and marketing, shall be paid from the State Treasury Operations Fund. For reporting purposes, ABLE Program expenses will be segregated by unit or such other accounting method as provided in the State’s STAARS system, or similar system.

(c) Property and income of the ABLE Program and ABLE Trust Fund shall be exempt from all taxation by the state and by all of its political subdivisions.

(d) The Examiners of Public Accounts shall annually audit the ABLE Program.

(Act 2015-442, §2.)

§ 16-33C-25 Administration of Programs

(a) In acquiring, investing, reinvesting, exchanging, retaining, selling, and managing property for the benefit of the ABLE Program and ACES Program, the Savings Board, and any person, investment manager, or committee to whom the Savings Board delegates any of its investment authority, shall act as trustee and shall exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but to permanent disposition of funds, considering the probable income as well as the safety of their capital.

(b) No Savings Board member nor any person, investment manager, or committee to whom the Savings Board delegates any of its investment authority who acts within the standard of care set forth in subsection (a) shall be held personally liable for any losses, damages, or claims suffered by the ABLE Program or ACES Program on investments made pursuant to the chapter.

(c) The assets of the ABLE Program and the ACES Program shall be preserved, invested, and expended solely pursuant to and for the purposes of this chapter and shall not be loaned or otherwise transferred or used by the state for any other purpose. A savings agreement, or any other agreement entered into by or on behalf of the ABLE Program or the ACES Program, does not constitute a debt or obligation of the state. A contributor is solely entitled to amounts on deposit in or accrued to the respective savings account.

(d) To the extent necessary to administer the ABLE Program and ACES Program or to comply with federal, state, or local tax reporting requirements, the programs shall obtain all necessary social security numbers and such other data as the Savings Board deems necessary for such purposes, whether from a contributor or from another state agency.

(e) Notwithstanding any other law to the contrary, a contribution to, and continued investment in, an ABLE savings account under the ABLE Program for a designated beneficiary by the guardian or conservator of that designated beneficiary are permitted for all purposes under state law.

(Act 2015-442, p. 1419, §3; Act 2018-280, §1.)

Chapter 33D Reengage Alabama Grant Program

§ 16-33D-1 Short Title

This chapter shall be known and may be cited as the ReEngage Alabama Grant Program.

(Act 2023-539, §1.)

§ 16-33D-2 Purpose

The purpose of the ReEngage Alabama Grant Program is to do all of the following:

(1) Increase the number of Alabama adults with college degrees.

(2) Encourage adults who have earned some college credit hours to return to college, enroll, and complete a college degree program that is connected with workforce development needs and aligned with Alabama’s high demand occupations list.

(3) Provide financial assistance to adult learners of the state for postsecondary education in the state.

(Act 2023-539, §2.)

§ 16-33D-3 Definitions

AMENDED BY ACT 2026-304, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

For the purposes of this chapter, the following terms have the following meanings:

(1) ACADEMIC TERM. A portion of an academic year, such as a quarter or semester, during which an institution of higher education holds classes including, but not limited to, Fall, Winter, Spring, or Summer semesters.

(2) ADULT LEARNER. An individual who is 25 years of age or older and returning to college.

(3) ALABAMA RESIDENT. An individual who has been classified as an in-state resident by an authorized institution, who has established residency within this state for at least a 12-month period prior to the beginning of the term for which financial assistance is requested, and who is in this state for other than a temporary purpose.

(4) APPROVED INSTITUTION. A state-supported institution of higher education or a private nonprofit institution of higher education that satisfies all of the following:

a. Is accredited by the Southern Association of Colleges and Schools Commission on Colleges, or the Council on Occupational Education.

b. Is eligible to receive Title IV federal student aid program funds.

c. Maintains its primary headquarters in Alabama.

(5) AUTHORIZED INSTITUTION. An approved institution that files a signed agreement with the commission to comply with all rules and procedures of the ReEngage Alabama Grant Program as provided by the commission.

(6) COMMISSION. The Alabama Commission on Higher Education.

(7) CONTINUOUS ENROLLMENT. When an adult learner is making academic progress toward degree completion without a stop-out in enrollment of more than one consecutive semester or quarter, such as Fall/Winter to Spring, Spring to Summer/Fall, or Summer to Fall.

(8) ELIGIBLE PROGRAM. A nonsectarian, secular educational program that is aligned with Alabama’s high demand workforce needs adopted by the Alabama Committee on Credentialing and Career Pathways.

(9) ELIGIBLE STUDENT. An individual who completed the Free Application for Federal Student Aid (FAFSA), who is in pursuit of his or her first associate or baccalaureate degree, who satisfies the criteria set out in this chapter, and who is found to be eligible by rules adopted by the commission.

(10) GRANT. A financial award by the State of Alabama to defray the cost of tuition and mandatory fees to an eligible adult learner who is currently enrolled in an authorized institution.

(11) PROGRAM. The ReEngage Alabama Grant Program created by this chapter.

(12) YEAR. An academic year that shall be divided into Fall, Winter, Spring, and Summer terms. The term does not mean calendar or fiscal year.

(Act 2023-539, §3.)

§ 16-33D-4 Administration of Program; Adoption of Standards

(a) The program shall be administered by the commission, which may adopt any rules necessary for the administration of the program.

(b) The commission shall adopt standards for awarding grant payments to an eligible adult learner who satisfies all of the following:

(1) Is a citizen or a lawful permanent resident of the United States.

(2) Is a resident of Alabama.

(3) Has not attended a postsecondary education institution for at least two years prior to his or her current enrollment.

(Act 2023-539, §4.)

§ 16-33D-5 Grant Eligibility

To be eligible for the grant award, an applicant shall satisfy all of the following:

(1) Be classified as an undergraduate student with the completion of at least 36 credit hours for an associate degree or at least 72 credit hours for a baccalaureate degree of a college degree program that is connected with workforce development needs and aligned with Alabama’s high demand occupations list adopted by the Alabama Committee on Credentialing and Career Pathways.

(2) Show proof of residency.

(3) Have good academic standing as defined by the institution.

(4) Has been accepted to or is enrolled as a full-time or part-time student in an eligible program in an authorized institution leading to an associate or baccalaureate degree and has not attended a postsecondary education institution at least two years prior.

(5) Satisfies continuing eligibility each term by enrolling in six hours or more per term continuously as established by the commission.

(Act 2023-539, §5.)

§ 16-33D-6 Awards; Renewal; Funding

AMENDED BY ACT 2026-304, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) The program shall be used to provide grant award payments for eligible adult learners up to the maximum award amount of three thousand dollars ($3,000) for universities and one thousand five hundred dollars ($1,500) for community colleges per academic semester for a full-time student. Proportional awards shall be given for students taking six to 11 hours and students enrolled in less common academic terms, such as quarters, Summer terms, and intersessions.

(b) Each grant shall be renewable for the number of terms normally required by the institution for the course of study in which the adult learner is enrolled as long as the student is continuously enrolled until the student receives an associate degree or a baccalaureate degree. The commission shall grant a renewal upon verification that the student remains an eligible student.

(c) Grant award payments shall be distributed directly to the approved institution on behalf of the student during the applicable year.

(d) The requirements of this chapter are contingent upon available funding for the program.

(e) The commission shall determine the necessary procedures for awarding grant award payments if the number of eligible applicants and recipients exceeds available funding.

(f) Any funds appropriated to the program shall be nonreverting.

(g) A percentage of the grant program’s appropriations may be expended for the operation and maintenance of the program.

(h) Each authorized institution that enrolls an adult learner who is eligible for the tuition and mandatory fees benefits provided by this program shall take necessary action to ensure that the student is aware of all other benefits that he or she may be entitled to under any other federal and state educational benefits, and any student grant or scholarship. In order to receive the benefits provided by this program, the student shall take the necessary steps to utilize all of the above benefits.

(Act 2023-539, §6.)

§ 16-33D-7 Annual Report

(a) The commission shall provide an annual report to the Chair of the House Ways and Means Education Committee and the Chair of the Senate Finance and Taxation Education Committee to account for the use of funds and the effectiveness of the grant program established under this chapter.

(b) The commission shall consult with the Alabama Commission on the Evaluation of Services to develop performance metrics and other measures of success to include in the annual report required pursuant to subsection (a). During the 2027 Fiscal Year, the program shall undergo an evaluation by the Alabama Commission on the Evaluation of Services to determine whether the program is impacting the determined measures of success.

(Act 2023-539, §7.)

Chapter 34 Illiteracy

§ 16-34-1 Removal of Illiteracy Duty of State Board of Education

The State Board of Education shall be charged with the responsibility for the removal of illiteracy in Alabama. It shall have the power to make research and to collect data and shall endeavor to enlist the services of any and all community agencies of the state for the removal of illiteracy. The State Board of Education is authorized to receive and expend any funds which may be given to it from time to time from public, private or other sources and shall adopt such rules and regulations as may seem to it most satisfactory for carrying on the work outlined in this section.

(School Code 1927, §421; Code 1940, T. 52, §399.)

§ 16-34-2 County and City Boards to Cooperate with State Board

It shall be the duty of county and city boards of education to cooperate with the State Board of Education in the removal of illiteracy in the territory under their respective jurisdictions, and to this end the said boards may appropriate from public school funds such amounts as may be necessary to carry out the provisions of this chapter.

(School Code 1927, §422; Code 1940, T. 52, §400.)

§ 16-34-3 Authority to Cooperate with Federal Government

The State Board of Education and county and city boards of education are hereby authorized to cooperate with the federal government in making effective any law enacted or that may be enacted by congress for the removal of illiteracy and for maintaining adult education programs and classes in Alabama and in the counties and cities thereof.

(School Code 1927, §423; Acts 1939, No. 496, p. 721; Code 1940, T. 52, §401.)

§ 16-34-4 Legislative Appropriation for Illiteracy and Adult Education Programs and Classes

The State Board of Education is hereby authorized to expend the State Illiteracy Fund appropriated for the removal of illiteracy and for otherwise maintaining adult education programs and classes; provided, that the State Board of Education is authorized to provide from said fund the necessary professional and clerical assistants to carry on said program.

(School Code 1927, §424; Acts 1939, No. 496, p. 721, §2; Code 1940, T. 52, §402.)

§ 16-34-5 Council on Adult Education

(a) The State Board of Education shall establish a Council on Adult Education prior to October 1, 1991. The membership of the council shall be as follows:

(1) The Governor or his designated representative;

(2) The State Superintendent of Education;

(3) The Chancellor of the Alabama Department of Postsecondary Education;

(4) The Executive Director of the Alabama Commission on Higher Education;

(5) A member of, as selected by, the Alabama Council for School Administration and Supervision;

(6) A member of, as selected by, the Alabama Association of School Boards;

(7) A member of, as selected by, the Alabama Education Association;

(8) A member of, as selected by, the Alabama Parent Teacher Association;

(9) The Director of the Alabama Department of Economic and Community Affairs;

(10) The Governor’s education liaison; and

(11) Five members of the business/professional community appointed by the Governor.

(b) The Council on Adult Education, created by this section, shall:

(1) Develop long-range recommendations, for submission to the Legislature and the State Board of Education, designed to establish a coordinated system of adult education in the State of Alabama, including a full assessment of the costs of any such recommendations;

(2) Develop recommendations, for submission to the Legislature and the State Board of Education, designed to coordinate existing adult education programs offered by the State of Alabama through different agencies;

(3) Inventory all existing adult education programs in the State of Alabama and recommend to the Legislature and the State Board of Education whether such programs should be abolished, expanded, or continued at present levels;

(4) Develop recommendations, for submission to the Legislature and the State Board of Education, to encourage business and industry to employ participants in adult education programs;

(5) Establish priorities and performance standards prior to December 31, 1992, and design measurement devices and procedures to determine level of accomplishing specific objectives; and

(6) Complete the above directives and submit a written annual report to the Legislature and the State Board of Education beginning with the 1993 Regular Session of the Legislature.

(c) The Council on Adult Education, created by this section, shall be provided with support staff by the Alabama Department of Postsecondary Education and the State Department of Education.

(Acts 1991, No. 91-323, p. 602, §17.)

Chapter 35 State Courses of Study Committee

§ 16-35-1 Composition; Appointment, Qualifications and Terms of Members

The State Board of Education shall appoint a courses of study committee as set forth below for the purposes and functions as hereinafter provided. The State Courses of Study Committee shall consist of 28 members to be selected as follows:

(1) One elementary teacher (grades K through six) and one secondary teacher (grades seven through 12) from each of the seven congressional districts who are teaching in the course of study areas to be revised during their terms of office;

(2) Four members from the state at-large actively engaged in a supervisory or administrative capacity in the field of education and who are knowledgeable or who have had previous teaching experience in the course of study areas to be revised during their term of office;

(3) Three members who are employees of state institutions of higher learning and who are specialists in the course of study areas to be revised during their terms of office; and

(4) Seven additional members appointed by the Governor, one from each of the seven congressional districts, each of whom shall be either a business or professional representative not employed in the field of education. The Governor’s appointees shall have expertise and be actually involved in the course of study field under consideration and shall be confirmed by the Senate.

Additional standards for membership on the State Courses of Study Committee may be established by the State Board of Education other than those prescribed hereinabove. Said standards shall be sent to every local board of education and every county and city superintendent.

Local boards of education, through their superintendents, shall nominate persons to serve on these committees. Local boards shall furnish credentials of each person recommended, including a summary of each person’s qualifications for membership on the committee. All nominations along with said credentials shall be forwarded to the State Superintendent of Education. The State Board of Education, upon the recommendations of the State Superintendent of Education, shall appoint all members of the State Courses of Study Committee from the nominees made by the local boards of education. The Governor’s appointments need not be nominated by a local board of education, nor recommended by the State Superintendent of Education, nor approved by the State Board of Education.

The term of office of the members of said committee shall be for a period of one year, beginning on the first day of May 1984; provided, however, that the terms of office for the Governor’s initial appointees shall begin immediately upon their initial appointment. The members shall hold office until their successors are appointed.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §1; Acts 1984, No. 84-235, p. 356, §1; Acts 1991, No. 91-323, p. 602, §5.)

§ 16-35-2 Oath and Compensation of Members

Before transacting any business, each member of the State Courses of Study Committee and its secretary shall take an oath before someone authorized to administer oaths to discharge faithfully the duties imposed upon him or her as a member or as secretary of said State Courses of Study Committee, and that he or she has no interest as an author, an associate author, a publisher, a representative of authors or publishers, and that he or she is in no way connected with the distribution of books, or pecuniarily interested directly or indirectly in the business or profits of any person, firm or corporation anywhere engaged in manufacturing, publishing or selling school books.

Members of the State Courses of Study Committee shall be paid a per diem at the rate provided by state law during the time they are in session; provided, that the committee shall not remain in session at any one time for a longer period than 30 days and in addition shall receive travel expenses at the rate provided by state law for mileage from their homes to the place of meeting and return, the per diem and mileage to be paid from the appropriations made to the State Department of Education.

(Acts 1959, No. 581, p. 1458, §2; Acts 1995, No. 95-314, p. 634, §29.)

§ 16-35-3 Duties Generally

The Courses of Study Committee shall conduct continuing studies and evaluations of the courses taught in the public elementary and secondary schools of the state. It shall prepare the contents of the courses of study for each grade of the elementary and secondary schools and revise the same from time to time. In evaluating the course of study, consideration shall be given to the required basic content, texts used and available, the educational objective of the course, changing scientific, technological and cultural developments, as well as established facts of American history, tradition and patriotism. The committee shall from time to time, but not less than once in each two years, prepare a report of its recommendations with respect to the compulsory minimum content of courses of study and of recommended revisions of courses, materials, subject content and treatment in specific courses and subject areas. The report shall be submitted to the State Superintendent of Education and to the members of the State Textbook Committee for separate written recommendations to the State Board of Education for such action as may be considered advisable.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §2.)

§ 16-35-4 Minimum Course Content; Maximum Number of Courses

The State Board of Education, on the recommendations of the State Superintendent of Education, shall prescribe the minimum contents of courses of study for all public, elementary and high schools in the state, and shall fix the maximum number of courses which are compulsory in each grade of the elementary schools.

(School Code 1927, §426; Code 1940, T. 52, §403.)

§ 16-35-5 Studies Required to Be Taught in Elementary School

In every elementary school in the state there shall be taught reading, spelling and writing, arithmetic, oral and written English, geography, history of the United States and Alabama, elementary science, health education, physical education and such other studies as may be prescribed by the State Board of Education.

(School Code 1927, §431; Code 1940, T. 52, §408.)

Chapter 36 Textbooks

Article 1 General Provisions

§ 16-36-1 State Textbook Committee - Creation; Duties Generally

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1945, No. 412, p. 647, §1.)

§ 16-36-2 State Textbook Committee - Composition; Appointment and Terms of Members; Vacancies; Qualifying Affidavits of Members

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1945, No. 412, p. 647, §5; Acts 1965, 1st Ex. Sess., No. 221, p. 288, §3; Acts 1969, No. 616, p. 1122; Acts 1982, 2nd Ex. Sess., No. 82-736, p. 191.)

§ 16-36-3 State Textbook Committee - Meetings; Election of Chairman and Secretary; Compensation and Expenses of Members

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §4; Acts 1969, No. 616, p. 1122; Acts 1995, No. 95-314, p. 634, §30.)

§ 16-36-4 Local Textbook Selection Committee - Appointment; Filing of School Board Policies and Names of Members with State Superintendent of Education; Affidavit and Terms of Members

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §9.)

§ 16-36-5 Local Textbook Selection Committee - Selection of Textbooks; Furnishing and Disposition of Samples; Use of Textbooks Not on State List

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §10; Acts 1995, No. 95-314, p. 634, §31.)

§ 16-36-6 Local Textbook Selection Committee - Adoption to Be for Period of Six Years; Limitation on Textbook Replacement; Report of Local Superintendent

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §11; Acts 1995, No. 95-314, p. 634, §32.)

§ 16-36-7 When Textbooks Considered or Reconsidered for Adoption; Existing Adoptions; When New Adoptions to Be Used

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §5.)

§ 16-36-8 Recommendations of State Textbook Committee

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1945, No. 412, p. 647, §6; Acts 1951, No. 88, p. 307; Acts 1965, 1st Ex. Sess., No. 221, p. 288, §6.)

§ 16-36-9 Adoption of Textbooks to Be Made at Public Meeting; Notice; Minimum Number of Adoptions for Each Course

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §7.)

§ 16-36-10 Adoption to Be for Period of Six Years; Contract to Exclude Communist Authors; Expiration of Contracts to Be Stabilized

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §8; Acts 1995, No. 95-314, p. 634, §33.)

§ 16-36-11 Annual Advertisement for Sealed Bids by State Board of Education; Specimen Copies to Accompany Bids; Furnishing and Disposition of Sample Books

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §12.)

§ 16-36-12 Deposit Required with Bid; Opening of Bids

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1945, No. 412, p. 647, §4; Acts 1959, No. 581, p. 1458; Acts 1995, No. 95-314, p. 634, §34.)

§ 16-36-13 Maximum Price for Books; Contract Provisions as to Price; Forfeiture of Contract and Damages; Action for Losses

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §13; Acts 1995, No. 95-314, p. 634, §35.)

§ 16-36-14 Authority of State Board to Contract for Furnishing, Storing or Delivering Textbooks

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §14.)

§ 16-36-15 Issuance of State-Wide Purchase Contracts; Shipment of Books by Publisher

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §15; Acts 1995, No. 95-314, p. 634, §36.)

§ 16-36-16 Contract Provisions as to Price of Textbooks Purchased with Local Funds, Replacement of Defective or Substandard Books and Delivery

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §16; Acts 1995, No. 95-314, p. 634, §37.)

§ 16-36-17 Books to Be Shipped Upon Purchase Orders of Local Boards of Education; Preparation and Mailing of Bills

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §17; Acts 1995, No. 95-314, p. 634, §38.)

§ 16-36-18 Approval of Invoices by Local Superintendent of Education; Payment

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §22; Acts 1995, No. 95-314, p. 634, §39.)

§ 16-36-19 Special Textbooks

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1945, No. 412, p. 647, §8.)

§ 16-36-20 Local Revolving Funds; Local Appropriations

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1945, No. 412, p. 647, §10.)

§ 16-36-21 Failure of Contractor to Furnish Books; Dropping of Textbook

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1945, No. 412, p. 647, §11.)

§ 16-36-22 Substitutions for State-Adopted Books in Certain Cities and Counties

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1945, No. 412, p. 647, §12; Acts 1961, No. 724, p. 1040; Acts 1961, No. 932, p. 1498; Acts 1971, No. 1672, p. 2820.)

§ 16-36-23 Department of Education and Purchasing Agent to Furnish Contracts from Which State-Owned Textbooks Can Be Purchased - Schools Operated Under Department of Mental Health and Mental Retardation

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1959, No. 423, p. 1115; Acts 1995, No. 95-314, p. 634, §40.)

§ 16-36-24 Department of Education and Purchasing Agent to Furnish Contracts from Which State-Owned Textbooks Can Be Purchased - Schools Operated Under Alabama Institute for Deaf and Blind

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 2nd Ex. Sess., No. 84, p. 115; Acts 1995, No. 95-314, p. 634, §41.)

§ 16-36-25 Department of Education and Purchasing Agent to Furnish Contracts from Which State-Owned Textbooks Can Be Purchased - Schools Operated Under Department of Youth Services

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1969, No. 1142, p. 2137; Acts 1995, No. 95-314, p. 634, §42.)

§ 16-36-29.1 Adequate Textbooks, Support, Facilities and Supplies

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1994, 1st Ex. Sess., No. 94-823, p. 144, §2; Acts 1997, 1st Ex. Sess., No. 97-934, § 1.)

§ 16-36-30 Storage, Distribution and Exchange of Textbooks; Repair and Fumigation of Used Textbooks

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §23.)

§ 16-36-31 Record of Textbooks Delivered to Local Superintendents; Audit of Accounting Books and Records; Certification of Required Inventory; Furnishing of Blanks and Forms

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §24; Acts 1995, No. 95-314, p. 634, §43.)

§ 16-36-32 Free Textbooks to Remain Property of State or Local School System; Period of Use by Pupils; Receipt Required Upon Issuance; Loss, Abuse, Etc., of Textbooks

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §25; Acts 1995, No. 95-314, p. 634, §44.)

§ 16-36-34 Duty of Local Superintendent of Education to Furnish Estimates of Textbooks Needed, to Provide for Storage, Etc., of Books and to Maintain Inventory and Records

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §27.)

§ 16-36-35 Sale of Textbooks to Pupils; Liability for Loss, Etc., of Books

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §28; Acts 1995, No. 95-314, p. 634, §45.)

§ 16-36-36 Interest in Contracts, Etc., Prohibited; Oath of Members of Boards of Education

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §29; Acts 1995, No. 95-314, p. 634, §46.)

§ 16-36-37 Use of Other Than Contract Books in Public Schools

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Code 1907, §7751; Code 1923, §5465; Code 1940, T. 52, §615.)

§ 16-36-38 Charging More Than Contract Price for School Books

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Code 1907, §7752; Code 1923, §5466; Code 1940, T. 52, §616.)

§ 16-36-39 Article Not to Be Construed as Appropriation of Funds; Administration of Article Subject to Appropriations

[Repealed]

Repealed by Act 98-320, §13 effective July 1, 1998.

(Acts 1965, 1st Ex. Sess., No. 221, p. 288, §21; Acts 1995, No. 95-314, p. 634, §47.)

Article 2 Access of College Bookstore Retailers to Course Materials Information Provided to Institution-Affiliated Bookstores

§ 16-36-50 Schools to Develop Course Materials Access Plan for Non-affiliated Bookstores; Requirements of Plan

(a) Not later than July 15, 1993, all two-and four-year state institutions of higher education and all state vocational and technical colleges shall, with the input and representation from college bookstore retailers, develop, publish, and implement a plan to ensure that all established college bookstore retailers located in the municipality in which the institution or college is located, shall be provided the same information concerning required and optional textbooks, required academic learning materials, and required custom publications that is provided to any bookstore owned or authorized by the institution.

(b) The plan developed by each institution or college having a bookstore owned or authorized by the institution or college shall:

(1) Ensure that any established college bookstore retailers having retail outlets in the municipality be informed of the method by which they may obtain required and optional textbooks and required academic learning materials. The information shall be provided, upon request, at a central location.

(2) Ensure that textbook information be made available to the college bookstore retailers by a procedure that attempts to give the information to the bookstores owned or authorized by the institutions and colleges and the college bookstore retailers at approximately the same time, but under no circumstances later than two business days after the time it is provided to the bookstores authorized or operated by colleges or institutions.

(3) Ensure that faculty members of the institution or college provide all information necessary in reproducing customized publications for classroom use. This information shall be provided in bibliographic form that shall include, but not be limited to, the author, title, publisher, editor, ISBN number, if known, and inclusive pages to be reproduced. This custom published biographical information shall be provided in the same manner as textbook information is provided at each institution. College bookstore retailers may purchase and resell course-related publications that are published by the institution or college at a discount if a margin is added to the publication, or at cost if not added to the publication, only if the institution’s or college’s copyright agreement legally covers such a sale.

(4) Create a grievance committee composed of two persons designated by the president of the institution or college and one person designated by the chair of the local chamber of commerce to hear complaints from the college bookstore retailers concerning the implementation of the plan.

(Acts 1993, No. 93-331, p. 503, §1.)

§ 16-36-51 School Faculty and Departments to Provide Listing of Requisite Course Materials

To facilitate this article, all faculty members and academic departments shall provide through the established means of the institution or college a written listing of all required and optional textbooks, required academic learning materials, and custom publications for all courses taught.

(Acts 1993, No. 93-331, p. 503, §2.)

Article 3 Textbooks for Public Schools; State and Local Textbook Committees

§ 16-36-60 State Textbook Committee

(a) The State Textbook Committee is created. The committee shall consider the merit of textbooks offered for use in the public elementary and high schools of the state and make recommendations for approval or rejection, or both, to the State Board of Education as hereinafter provided. In making recommendations to the State Board of Education, the State Textbook Committee shall also consider any recommendations made by the State Courses of Study Committee or by the State Superintendent of Education.

(b) The State Textbook Committee shall be composed of 23 members. Four of the members shall be secondary school classroom teachers and four elementary school classroom teachers. One of these eight members shall be appointed from each of the eight State Board of Education districts, as constituted on June 1, 2022. Four members shall be appointed from the state at large, and these four members may be either classroom teachers or persons actively engaged in the supervisory or administrative capacity in the field of education. Two members of the committee shall be employees of state institutions of higher learning. These 14 members of the State Textbook Committee shall each be appointed by the State Board of Education, upon nominations made by the State Superintendent of Education. Nine members shall be appointed by the Governor, subject to the confirmation of the Senate by April 1 of each year, one from each of the eight State Board of Education districts, as constituted on June 1, 2022, and one appointed statewide who shall be a member of a local board of education at the time of appointment. Two of the members appointed from the State Board of Education districts shall be recommended by the State Superintendent of Education. These nine additional members shall have general knowledge of the subject area to be considered for textbook adoption, a demonstrated ability to read and write at a post high school level, and not be employed in education. All appointing authorities shall coordinate their appointments to assure the committee membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.

(c) All members of the State Textbook Committee shall be appointed for terms of one year, beginning at the call of the State Superintendent of Education. The committee shall be subject to recall by the State Superintendent of Education, thereby extending the length of the member’s term, until a new committee is appointed for consideration of the same subject area or areas or grade or grades or any combination thereof. Vacancies in the office of any of the committee members shall be filled by the original appointing authority, and the appointee shall hold office for the unexpired term and until his or her successor is appointed and qualified.

(d) In order to qualify as a member of the State Textbook Committee, each person appointed shall prepare an affidavit to be filed with the State Board of Education within 10 days after notice of the member’s appointment stating each of the following:

(1) The member agrees to discharge faithfully all the duties imposed upon him or her as a member of the State Textbook Committee.

(2) The member has no interest, directly or indirectly, in any contract that may be made under this article.

(3) The member has no interest as author, as associate author, as publisher, or as a representative of the author or publisher of any textbook.

(4) The member has no pecuniary interest, directly or indirectly, in the business or profits of any person, firm, or corporation engaged in manufacturing, publishing, or selling textbooks.

(5) The member agrees not to accept any emolument or promise of future reward of any kind from any publisher of textbooks, the publisher’s agents, or anyone interested in or intending to bias the member’s judgment in any way in the selection of any textbook up for adoption.

(6) The member agrees not to reveal to anyone, except to the State Board of Education or the State Superintendent of Education, or both, the findings, ratings, or grading of the State Textbook Committee.

(e) It shall be a Class C misdemeanor for any member of the State Textbook Committee or the secretary of the committee, or for any other person, to disclose ratings and gradings of the committee to anyone except to the State Board of Education or the State Superintendent of Education, or both, until after the contracts are made. Nothing in this section shall prevent the State Board of Education from making an early disclosure of the ratings and gradings of the committee after the State Board of Education has approved the final textbook list.

(f) The organizational meeting of each State Textbook Committee shall be called by the State Superintendent of Education and the committee shall meet thereafter on call of the chair of the committee or of the State Superintendent of Education. At the organizational meeting, the State Textbook Committee shall elect one of its members to act as chair of the committee and one of its members as secretary of the committee. Other necessary meetings shall be held as determined by the State Textbook Committee or upon the call of the chair or the State Superintendent of Education. The State Superintendent of Education shall notify the members of the committee of each meeting prior to the time of the meeting.

(g) The members of the State Textbook Committee, at a minimum, shall be paid per diem expenses at the rate provided by state law during the time they are engaged in the work of the committee and in addition shall receive travel expenses at the rate provided by state law for each mile traveled from home to the place of meeting and return, to be paid out of appropriations made to the State Department of Education. Each member of the committee, before receiving per diem for expenses, shall submit to the State Superintendent of Education a notarized statement of the number of miles traveled and the number of days engaged in the work of the committee. No member shall be paid for more than 35 days in any school year.

(h) The criteria used by the State Textbook Committee shall be comprised of alignment with the courses of study, instructional planning and support, and other criteria, as determined by the State Superintendent of Education and the State Board of Education. Publishers shall be provided with standards alignment forms that list all of the standards in the course of study for the subject area being reviewed and shall provide specific evidence of how and where the standards are addressed in the textbook. The committees may use the standards alignment forms to determine the degree to which content found in each textbook is aligned in thoroughness and accuracy to the standards and may comment on content, accuracy, bias, price, or other concerns resulting from their reviews.

(i) The State Textbook Committee shall make textbook recommendations to the State Board of Education in writing, and both recommendations for approval or rejection, or both, and any dissents therefrom shall be filed with the State Board of Education and shall be made available for public inspection upon filing. The State Textbook Committee may recommend any material which has been properly bid pursuant to this article, which supports the Alabama course of study for the specific subject, and which is defined as a textbook as prescribed in the rules of the State Board of Education. Final ratings and reviews shall be made available to the public on the State Department of Education website.

(Act 98-320, p. 544, §1; Act 2022-80, §1.)

§ 16-36-60.1 Definitions

For the purposes of this article, the following words shall have the following meanings:

(1) INSTRUCTIONAL MATERIALS. Educational resources that provide curriculum and instructional experiences for public school students. The term includes any instructional and related or supportive material, including materials using advanced learning technology, in any area that is designed to strengthen the academic foundation.

(2) QUALIFIED DEPOSITORY FOR TEXTBOOKS or QUALIFIED DEPOSITORY. A facility in the state responsible for receiving orders for, storing of, and distribution of textbooks pursuant to Section 16-36-71.

(3) TEXTBOOK. Includes digital textbooks, as defined in Section 16-16B-2. Digital textbooks shall be recommended, adopted, and purchased in the same manner as provided for textbooks under this article.

(Act 2015-386, p. 1174, §2; Act 2022-80, §1.)

§ 16-36-61 Adoptions

(a) Based upon the recommendations of the State Textbook Committee, the State Board of Education shall adopt textbooks from which local boards of education may adopt for use in their systems. Local boards of education shall not adopt textbooks nor expend public funds for textbooks that have been rejected by the State Board of Education, except for the length of an existing local contract approved by the state superintendent. Members of any local board found doing so shall be guilty of a misdemeanor and fined not exceeding five hundred dollars ($500) and also may be imprisoned or sentenced to hard labor for a term not exceeding six months.

(b) The State Board of Education shall divide the subjects of study in the public schools so that all textbooks on a given subject for grades kindergarten through 12 shall be considered for adoption in one year. New adoptions made during any year shall not be used in the public schools until the next ensuing scholastic year.

(c) The adoption schedule for each subject area shall be determined by the State Superintendent of Education based on the courses of study development schedule, knowledge-base changes, financial considerations, the need for staggered adoption schedules, needs expressed by the local superintendents, contract expiration dates, and other factors deemed appropriate by the State Superintendent of Education.

(d) Prior to adoptions by the State Board of Education, members of the public shall be allowed a reasonable amount of time to be heard concerning any book recommended for adoption or rejection. Adoption or rejection, or both, of textbooks shall be made only at a public meeting of the State Board of Education. Notice of the time and place of the meeting of the State Board of Education to consider adoptions or rejections, or both, shall be given for at least 30 days, by notice to news media and by posting a notice on a bulletin board or in some other conspicuous place in the offices or public rooms of the State Department of Education.

(Act 98-320, p. 544, §2.)

§ 16-36-62 Local Textbook Committee

(a) A local textbook committee or committees shall be appointed by each separate local board of education. The number, size, and composition, which shall include parents, of the committee or committees shall be determined by each local board of education. A copy of local school board policies in regard to local textbook committees shall be kept on file by each local superintendent. Names of each person serving on a local textbook committee shall also be kept on file by each local superintendent.

(b) In order to qualify as a member of the committee, each member of the local textbook committee and its secretary shall prepare an affidavit to be filed with the local board of education within 10 days after notice of the member’s appointment stating each of the following:

(1) The member agrees to discharge faithfully all the duties imposed upon him or her as a member or as secretary of the textbook committee.

(2) The member has no interest, directly or indirectly, in any contract that may be made under this article for the purchase of textbooks.

(3) The member has no interest as author, as associate author, as publisher, or as a representative of the author or publisher of any textbooks.

(4) The member has no pecuniary interest, directly or indirectly, in the business or profits of any person, firm, or corporation engaged in manufacturing, publishing, or selling textbooks.

(5) The member agrees not to accept any emolument or promise of future reward of any kind from any publisher of textbooks, the publisher’s agent, or anyone interested in or intending to bias the member’s judgment in any way in the selection of any textbook for adoption.

(c) Members shall serve for terms of one year.

(d) The local textbook committee shall meet on call of the chairperson of the local board of education for the purpose of recommending textbooks to the local board of education from the list of adoptions by the State Board of Education or from a list submitted to the committee for consideration by the local superintendent or his or her designee, or from both lists. Textbooks which have been rejected by the State Board of Education shall not be considered for future adoption by the local board of education, except for the length of an existing local contract approved by the state superintendent. The recommendations of a local textbook committee shall be by majority vote for each textbook. No textbook shall be used in any public school of this state unless recommended by a local textbook committee and, upon the recommendation of a local superintendent, adopted by the local board of education.

(e) The adoption of a textbook by a local board of education shall be by majority vote of the local board of education and shall be for a period determined by the State Superintendent of Education. Not later than 30 days after the date of the local adoption, the local superintendent of education shall file a report with the State Superintendent of Education listing the title, the name of the author, the publisher, and the date of adoption of the textbook with verification to the state superintendent that all procedures described in subsection (d) have been followed. This procedure shall apply each time a textbook is adopted for use in a local school or school system.

(f) Publishers shall furnish samples of all state-adopted textbooks to each local board of education for evaluation by the local textbook committee. One copy of each textbook adopted by the local textbook committee shall be retained by the local board of education as an official sample. All samples not adopted by the local boards shall be returned to the publishers at the expense of the publishers, and samples of those books adopted shall become the property of the local boards of education. If the publisher fails to reclaim samples of nonadopted books within 90 days, the sample books shall become the property of the local board of education.

(g) Any textbook publisher that solicits a local textbook committee or local board to adopt their textbooks and has not participated in the state adoption process shall provide the reason for not participating in the state adoption process in writing to the local textbook committee and local board at the time of the solicitation. A copy of the document submitted to the local textbook committee and the local board of education shall also be sent to the State Superintendent of Education.

(h) Publishers shall be required to use a qualified depository in Alabama for distribution of state or local adopted textbooks if requested to do so by the local board of education and shall have a sufficient supply of the adopted textbooks on deposit at a qualified depository for distribution or sufficient ability to provide access to digital textbooks as ordered through a qualified depository. Nothing in this subsection shall preclude publishers from selling textbooks to the local board of education directly or through means other than a qualified depository for textbooks, but a publisher may not refuse to sell through a qualified depository. Regardless of whether a qualified depository is used in a transaction, the prices charged by a publisher shall not exceed the prices prescribed in subsection (c) of Section 16-36-64.

(Act 98-320, p. 544, §3; Act 2015-386, §1.)

§ 16-36-63 Bids for Statewide Textbook Contracts

(a) Each year, before the organizational meeting of the State Textbook Committee, the State Board of Education, through the State Superintendent of Education, shall advertise in such manner and for such length of time and at such places as considered advisable, that at a certain time and place determined by the State Board of Education sealed bids or proposals shall be received from publishers for furnishing school textbooks. Publishers and individuals may request an invitation to bid by writing the State Superintendent of Education. The State Board of Education may include additional regulations in the bid form that the State Board of Education deems best for the administration of this article. Any regulations included in the bid forms and accepted by the publisher shall be construed as a part of this article. The bids or proposals for each book shall be based upon a contract period determined by the State Superintendent of Education and shall be accompanied by a specimen copy of each book proposed to be furnished.

(b) Each publisher who makes a bid or proposal to furnish school textbooks shall be required to deposit with the State Treasurer a sum of money in an amount required by the State Board of Education, but not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500), according to the number of books the bidder proposes to supply. If the bidder making the deposit shall fail or refuse to make and execute the contract and required bond, the sum shall be forfeited absolutely to the State Board of Education for the use of the State Board of Education for purposes enumerated in this article. The time within which the contract and bond shall be executed shall be stated in the advertisement inviting bids or proposals. All bids shall be sealed and deposited with the State Superintendent of Education to be opened at a time designated by the superintendent, provided bidders have been given reasonable notice in advance.

(c) Publishers shall furnish samples of each textbook submitted for adoption to each member of the State Textbook Committee in order that each member may also seek evaluations from others. All samples of books not adopted by the State Board of Education shall be returned to the publishers at the expense of the publishers, and those adopted shall become the property of the State Department of Education. If the publisher fails to reclaim a sample book within 90 days, the sample book shall become the property of the State Department of Education.

(Act 98-320, p. 544, §4.)

§ 16-36-64 Statewide Textbook Contracts

(a) No contract shall be made pursuant to this article for the purchase of textbooks rejected by the State Board of Education. The only contracts entered into by the State Board of Education pursuant to this article shall be for textbooks considered by the State Textbook Committee and adopted by the State Board of Education as provided for in this article.

(b) In addition to all other laws which forbid the use of textbooks in the public schools of the state by authors who are members of the Communist Party or members of communist front organizations, all contracts with publishers for textbooks made pursuant to this article shall stipulate that the author or authors of such book or books is not a member of the Communist Party or known advocate of communism or Marxist socialism and is not a member of a communist front organization.

(c) The maximum price at which the State Board of Education shall contract for local boards of education to pay f.o.b. the local board of education for any books to be used in the public schools of this state, after all discounts have been deducted, shall not exceed the minimum price at which the publisher sells such books in wholesale quantities f.o.b., the publisher’s publishing house, after all discounts have been deducted. Any contract made for the purchase of books for use in the public schools of this state at a price higher than such determined maximum shall be void.

(d) Every contract entered into under this article by the State Board of Education on behalf of the local boards of education and any publisher or publishing company shall contain a provision that the publisher covenants and agrees to all of the following:

(1) The publisher is not furnishing under contract executed after the first day of January of the year in which the contract becomes effective, to any state, county, or school district in the United States the textbooks embraced in the contract at a price below the price stipulated in the contract.

(2) If, at any time during the period of the contract, the textbooks named in the contract shall be contracted for at a price to any state, county, or school district in the United States, lower than the price agreed upon in the contract, then that lower price shall become the contract price between the State Board of Education on behalf of the local board of education and the publisher named in the contract.

(3) If, at any time during the period of the contract, any editions of the textbooks named in the contract substantially similar to the official copy on file in the office of the State Superintendent of Education shall be contracted for at a lower price with any state, county, or school district in the United States, the State Board of Education may at its option substitute for the edition contracted for the substantially similar edition at the lower price.

(4) If the publisher offers any free or discounted ancillary items or services, or both, to any local board of education or any public school, the publisher shall offer the same free or discounted ancillary items or services, or both, to all local boards of education or schools under the same or similar circumstances.

(e) If the State Board of Education determines that any book or books contracted for are being sold at a lower contract price in any other state than the price for which the book or books are being sold to Alabama, the contract shall be forfeited. Each contract shall provide that in the event of violation of this pricing agreement, the contractor shall return all money collected for the books and also forfeit the book or books to the respective local boards of education, this being the agreed measure of damages stipulated to have been suffered by the State Board of Education and the local boards of education. Action may be brought in the name of the state on the bond of the contractor for all losses sustained, and any sum recovered shall be deposited to the credit of the Education Trust Fund.

(f) Contracts with textbook publishers shall include all of the following:

(1) A provision that local boards of education shall be permitted to purchase with local funds textbooks for free distribution at the same price at which the local boards of education are permitted to purchase such books with state funds.

(2) The publishers shall replace defective or substandard books without cost to the purchaser.

(3) Provisions for the time of delivery, penalties for delay in delivery, and other provisions as in the judgment of the State Board of Education will insure prompt delivery of all textbooks at the lowest possible price.

(4) The publishers shall be required to use a qualified depository in Alabama for distribution of state or local adopted textbooks if requested to do so by the contracting board of education and shall have a sufficient supply of the adopted textbooks on deposit at a qualified depository for distribution or sufficient ability to provide access to digital textbooks as ordered through a qualified depository. Nothing in this subdivision shall preclude publishers from selling textbooks to the State Board of Education directly or through means other than a qualified depository for textbooks, but a publisher may not refuse to sell through a qualified depository. Regardless of whether a qualified depository is used in a transaction, the prices charged by a publisher shall not exceed the prices prescribed in subsection (c).

(g) In the case of the failure of any contractor to furnish the books as provided in this contract, the bond of the publisher shall be forfeited and the State Board of Education may contract for other books as needed. The State Board of Education may drop any textbook by giving written notice to the publisher at least 90 days in advance and upon the recommendation of the State Textbook Committee to make another adoption instead of the textbook.

(h) The State Board of Education, upon the recommendation of the State Superintendent of Education, may renew or extend contracts for no less than one year nor more than two years. This provision shall be made a part of the publishers contract, and the State Board of Education may exercise the provision by notifying the publisher in advance.

(i) The State Board of Education may include any additional regulations in the contract form that the State Board of Education deems best for the administration of this article, and any regulations included in the contract form and accepted by the publisher shall be construed as a part of this article. Publishers shall be required to comply with additional rules and regulations approved by the State Board of Education as if they were included in this article.

(j) The State Superintendent of Education shall preserve in the offices of the State Department of Education or in another suitable location, one copy of each book which has been made the basis of any contract as the standard specimen of quality and excellence to be maintained in such books during the period of the contract.

(Act 98-320, p. 544, §5; Act 2015-386, §1.)

§ 16-36-65 Use of Statewide Textbook Contracts

(a) The State Department of Education in conjunction with the state Purchasing Agent shall furnish contracts from which state-adopted textbooks for the pupils and teachers in classrooms and schools operated under the jurisdiction and supervision of the State Department of Education may be purchased. These purchases shall be made from appropriations to the State Department of Education. The State Board of Education may make and enforce rules for the proper care and accounting for such textbooks.

(b) The State Department of Education in conjunction with the state Purchasing Agent shall furnish contracts from which state-adopted textbooks for the pupils and teachers in classrooms and schools operated under the jurisdiction of the Alabama Institute for Deaf and Blind may be purchased. These purchases shall be made from appropriations to the Alabama Institute for Deaf and Blind. The State Board of Education may make and enforce rules for the proper care and accounting for these textbooks and shall not be required to purchase and furnish special books or materials for the deaf and blind.

(c) The State Department of Education, in conjunction with the state Purchasing Agent, shall furnish contracts from which state-adopted textbooks for the pupils and teachers in classrooms and schools operated by the Department of Youth Services may be purchased. The cost of the textbooks provided herein shall be paid from appropriations to the Department of Youth Services. The State Board of Education may make and enforce regulations for the proper care and accounting for these textbooks and shall not be required to purchase and furnish any special books or materials under this section.

(d) The State Board of Education shall have no power or authority to enter into any contract or arrangement for furnishing textbooks or providing a depository for textbooks or delivering textbooks, but shall have the power and authority to enter into any contract or arrangement requiring the use of a qualified depository for textbooks.

(e) Subject to appropriations from the Legislature, the State Board of Education may pay a portion of a negotiated textbook price in any contract with a publisher or a qualified depository pursuant to this article or grant additional textbook funds to local boards of education, who purchase high quality textbooks, as determined by the State Board of Education.

(Act 98-320, p. 544, §6; Act 2015-386, p. 1174, §1; Act 2022-80, §1.)

§ 16-36-66 Required Affidavits for the State Board of Education and Local Boards of Education

(a) The State Superintendent of Education, members of the State Board of Education, local superintendents of education, and members of local boards of education shall not do any of the following:

(1) Possess an interest, directly or indirectly, in any contract that might be made pursuant to this article for the purchase of textbooks by the state or local boards of education.

(2) Possess any interest as an author, an associate author, a publisher, a representative or agent of an author or of a publisher of any textbook.

(3) Possess any pecuniary interest, directly or indirectly, in the business or profits of any person, firm or corporation engaged in manufacturing, publishing, or selling of textbooks.

(4) Accept any emolument, promise of future reward or consideration of value of any kind from any publisher of textbooks or his or her agent.

(b) Each member of the State Board of Education and each member of all local boards of education shall prepare an affidavit as required by Section 16-36-62 in the case of members of local textbook committees.

(c) Any violation of this section shall be unlawful. Upon conviction of such a violation, the person shall be subject to a fine not exceeding ten thousand dollars ($10,000) or five years in the state penitentiary, or both, and his or her office as a superintendent, or as a member of the State Board of Education or member of a local board of education shall be forfeited.

(Act 98-320, p. 544, §7.)

§ 16-36-67 Special Textbooks

(a) It shall be the duty of the State Board of Education to negotiate with publishers of textbooks or authors of textbooks for the preparation and publication, or either, of special textbooks for use in the public schools of the state. If anyone undertakes the preparation of a special textbook for the purpose of making the textbook more suitable and desirable for use in the public schools of the state, the State Superintendent of Education shall submit the specially prepared textbook or specially arranged textbook to the State Textbook Committee for its findings and ratings as to its desirability and suitability for the purposes offered and these findings and ratings shall be certified to the State Board of Education for its consideration.

(b) If the State Board of Education is unable to obtain what it considers a desirable contract for a special textbook on any particular subject with publishers whose books have been given its approval, the State Board of Education may require the State Superintendent of Education to negotiate with publishers or persons to secure the preparation of a special textbook on the subject or to secure the submission of other texts on the subject for consideration by the State Textbook Committee. The State Board of Education may take other proper action to secure an advantageous contract in behalf of the patrons of the public schools of the state. No special textbook shall be adopted by the board of education unless the textbook has been considered for the purposes for which it was intended to be used by the State Textbook Committee.

(Act 98-320, p. 544, §8.)

§ 16-36-68 Purchasing Textbooks and Accountability for Textbooks

(a) The local boards of education, county commissions, and municipal councils or other governing boards of a municipality may appropriate funds for the purpose of creating local revolving funds to be used in securing and distributing textbooks and for the purpose of contributing to the expense of furnishing textbooks. These revolving funds shall be reimbursed from moneys received from sales of textbooks.

(b) Local boards of education, county commissions, and other like governing bodies of the counties or municipalities may appropriate funds for the purpose of purchasing textbooks for free distribution or for rental to the patrons of its public schools under such rules and regulations as shall be prescribed by the respective local boards of education.

(c) All books contracted for shall be shipped upon purchase orders of the local boards of education. The publisher or publishing company shipping the books shall prepare triplicate invoices or bills for the books shipped. These invoices or bills shall be mailed to the local superintendent of education to whom the books are shipped.

(d) The local superintendent of education, upon receipt of any shipment of books as provided herein, shall forthwith determine if the shipment is in accordance with the invoices or bills. Payment shall be made by the local board of education for such purchase and charged against the Foundation Program funds distributed to the local board of education for such purposes or other funds available to the local board of education for such purposes.

(e) Each local board of education shall provide for the safe and dry storage and distribution of all new and used textbooks and, in the case of used textbooks, provide for the collection, storage, and maintenance, including necessary repairs, renovation, and fumigation. The local boards of education shall also provide for the repair of used textbooks and, in compliance with the advice of the State Board of Health, the occasion for and manner of fumigation of used textbooks so as to protect pupils from any diseases which may be transmitted through the reissue of such textbooks.

(f) The local superintendent shall maintain at all times an accurate and up-to-date inventory and shall keep on file such accounting records as may be required or as necessary.

(g) The state Department of Examiners of Public Accounts shall make periodic audits of all accounting books and records pertaining to the textbooks which have been so furnished at state or local expense, requiring a complete accounting for all such textbooks as shown by the records.

(Act 98-320, p. 544, §9.)

§ 16-36-69 Use of Textbooks

(a) All textbooks furnished free of charge to pupils shall be the property of the local board of education, as long as textbook funds are expended as prescribed by law.

(b) When distributed to pupils the textbooks shall be retained for normal use only during the period they are engaged in a course of study for which the textbooks are selected. At the completion of each course of study or otherwise at the instructions of the principal or teacher in charge, the textbooks shall be returned as directed. A receipt shall be required from each pupil, parent, or guardian upon issuance of any textbook, which receipt shall be retained until the return of the textbook.

(c) The parent, guardian, or other person having custody of a child to whom textbooks are issued shall be held liable for any loss, abuse, or damage in excess of that which would result from the normal use of the textbooks. In computing the loss or damage of a textbook which has been in use for a year or more, the basis of computation shall be a variable of 50 to 75 percent of the original cost of the book to the local board of education. If the parent, guardian, or person having custody of the child to whom the textbook was issued fails to pay the assessed damages within 30 days after notification, the student shall not be entitled to further use of the textbooks until remittance of the amount of loss or damage has been made.

(d) All remittances for damages or from the sale of textbooks shall be deposited to the credit of the local textbook fund and shall be used for the repair, maintenance, and replacement of textbooks.

(e) The respective local boards of education may waive the payment as provided in this section if in their judgment the respective parent or guardian is not financially able to make the payment. The local system shall contribute from local funds sums equal to the amount waived.

(f) Pupils enrolled in the public schools or any parent or guardian of the pupil may buy textbooks at the price paid for them by the local board of education. All contracts made with publishers shall so provide. Each local board of education may provide for the sale of such textbooks as may be needed by pupils for whose grades or courses free textbooks are not furnished. Sale of these textbooks may be made by the local board of education in the school system of which the pupil is enrolled. The local board of education may make such sales through a designated employee or agent thereof. No handling charge allowed from the sale shall inure to any member, officer, or employee of any local board of education.

(g) All books issued by the separate schools and school systems may be used by pupils to whom issued in the same manner and to the same extent as though the books were owned by the pupils, their parents, or guardians as the case may be, except that such pupils, parents, or guardians shall be liable for such loss or damage to books as provided in this section and for the return of the textbook.

(h) Any local agent, dealer, clerk, or other person handling or selling the books adopted as school textbooks, who shall demand or receive for any copy of any of the books so adopted more than the contract price shall be guilty of a misdemeanor and, upon conviction, shall for each offense be punished by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500).

(Act 98-320, p. 544, §10.)

§ 16-36-70 Adequate Textbooks

(a) The Legislature finds that textbooks and other instructional materials are among the basic tools of learning that must exist if Alabama students are to succeed.

(b) All students in the public schools shall be provided with adequate and current textbooks and other necessary instructional supplies for use in their education. Textbooks and other supporting materials shall be appropriate for their course work and shall be in suitable condition. Where textbooks are issued pursuant to Section 16-36-69, every student shall have his or her own copy of the issued textbook of the correct edition, which he or she shall be permitted to take home each day for home study for the entire school year or for the portion of the year when the book is issued.

(c) It is the intent of the Legislature that it is the student’s responsibility, as well as the student’s parent or guardian, to care for the textbooks and instructional supplies provided by the state in a manner so that the materials are not damaged to the point of being unusable.

(d) The State Department of Education has a continuing obligation to provide systems and schools with information about textbooks and other instructional materials, including computer software and technology-related materials. The State Textbook Committee shall ensure that textbooks recommended to the State Board of Education for approval support the appropriate course or courses of study.

(e) Instructional supplies, including library books and media resources, science equipment, classroom furniture, audiovisual equipment, maps and globes, chalkboards, art and music supplies, and other educational materials shall be provided in all schools in adequate form and quantity. It shall not be necessary for teachers to make personal expenditures to provide the materials described in this section.

(Act 98-320, p. 544, §11)

§ 16-36-71 Qualified Depository for Textbooks

(a) A qualified depository of textbooks shall be responsible for receiving textbook orders from the State Board of Education or local boards of education, storing sufficient quantities of textbooks, and distributing textbooks in accordance with this article.

(b) A qualified depository shall do all of the following:

(1) Have sufficient warehouse space to maintain sufficient stock.

(2) Be located within the state.

(3) Have the financial capacity to provide steady and continuous operations upon which the State Board of Education and local boards of education can rely. The financial capacity may be maintained in a qualified depository or in another member of the same Alabama affiliated group, as that term is defined in Section 40-18-39.

(c) For the services provided herein, a qualified depository may not charge the State Board of Education or a local board of education, but rather shall sell the textbooks in accordance with the prices prescribed in subsection (c) of Section 16-36-64. A qualified depository may negotiate contracts directly with publishers of textbooks to charge a fee to the publishers.

(d) It shall be the responsibility of the publisher to ensure that a sufficient stock of textbooks is maintained at a qualified depository. Upon the failure of any publisher to carry a sufficient stock to meet all of the immediate demands of the State Board of Education and local boards of education as required by a contract made under this article, the contracting board of education may recover on the bond given by the publisher for the full value of the books not furnished as required by the contract and terminate the contract.

(Act 2015-386, §2.)

§ 16-36-72 Digital Depository Study Commission

(a) There is hereby established a Digital Depository Study Commission which shall consist of 12 members to be appointed as follows:

(1) Two members to be appointed by the Governor.

(2) Two members to be appointed by the Speaker of the House of Representatives, one whom shall be a representative of a qualified depository.

(3) One member to be appointed by the President Pro Tempore of the Senate.

(4) One member to be appointed by the Lieutenant Governor.

(5) Two members to be appointed by the State Superintendent of Education.

(6) One member to be appointed by the Executive Director of the Alabama Association of School Business Officials or his or her designee.

(7) One member to be appointed by the Executive Director of the School Superintendents of Alabama or his or her designee.

(8) One member to be appointed by the Executive Director of the Alabama Association of Schools Boards or his or her designee.

(9) One member to be appointed by the President of the Association of American Publishers or his or her designee.

(b) The commission shall meet at least four times prior to the start of the 2016 Regular Session to examine the application of a depository to digital material. The commission shall present to the Legislature a report that proposes a plan to make changes to this section and Sections 16-36-62, 16-36-64, 16-36-65, 16-36-60.1, and 16-36-71 if necessary.

(Act 2015-386, §3.)

§ 16-36-73 Instructional Materials Review Committees; Approval and Procurement of Instructional Materials; Compensation; Guidelines

(a) In addition to the use of textbook materials review committees as provided in subsection (h) of Section 16-36-60, the State Superintendent of Education may convene educators and other experts for instructional materials review committees for the purpose of reviewing and rating evidence on the quality and alignment of other specific materials and publishing their findings for educators. The superintendent may also utilize other methods to conduct reviews, such as contracting or consulting with experts. The superintendent and State Board of Education, as necessary, may develop guidelines for the review of other specific instructional materials pursuant to this section, to support districts and ensure the utilization of state funds for the purchase of high quality materials. The process shall include, but not be limited to, publishing statewide lists of vetted and approved instructional materials.

(b) Instructional materials approved by the State Department of Education pursuant to this section, based on a review completed by an instructional materials review committee, may qualify for the department to enter a statewide master service agreement designed to streamline the procurement process for schools and school districts that adopt those instructional materials.

(c) Subject to appropriations, members appointed to other instructional materials review committees may be paid per diem and travel expenses in the same manner as State Textbook Committee members under subsection (g) of Section 16-36-60. Nothing in this section shall limit payment for reviews under department contracts or other consulting methods.

(d) Guidelines developed for the review of other specific instructional materials by instructional materials review committees pursuant to this section, shall be separate from the State Textbook Committee process provided by this article.

(Act 2022-80, §2.)

§ 16-36-74 Review of Periodicals Regularly Used in Public K-12 Schools

(a) For purposes of this section, the term “periodical” means any magazine, newspaper, or journal published at regular intervals.

(b) The State Textbook Committee shall review all periodicals that are regularly used during classroom instruction in any public K-12 school. For purposes of this section, a periodical is considered regularly used if it is used at least once a month during the academic school year.

(c) The State Board of Education may develop guidelines for the review of periodicals. The review process shall include, but not be limited to, publishing statewide lists of vetted and approved periodicals.

(d) Guidelines developed for the review of periodicals pursuant to this section shall be separate from the state textbook review process provided in this article.

(Act 2024-353, §1.)

Chapter 37 Vocational Education

§ 16-37-1 Acceptance of Provisions of Federal Act

The State of Alabama hereby accepts all of the provisions and benefits of an act passed by the United States Congress entitled “an act to provide for the promotion of vocational education, to provide for cooperation with the states in the promotion of vocational education, to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries, to provide for cooperation with the states in the preparation of teachers of vocational subjects and to appropriate money and regulate its expenditure,” (20 U.S.C.A., §§11 through 28) approved February 23, 1917.

(School Code 1927, §403; Code 1940, T. 52, §381.)

§ 16-37-2 Treasurer Custodian of Federal Funds; Disbursement of State Money

The Treasurer is hereby designated and appointed custodian of all moneys received by the state from the appropriations made by the act of Congress accepted in Section 16-37-1, and he is authorized to receive and to provide for the proper custody of the same and to make disbursements thereof in the manner provided in the act and for the purpose therein specified. He shall also pay out any moneys appropriated by the State of Alabama for the purpose of carrying out the provisions of this chapter upon the order of the State Board of Education.

(School Code 1927, §404; Code 1940, T. 52, §382.)

§ 16-37-3 Superintendent in Charge of Vocational Education

The State Superintendent of Education shall designate, by and with the advice and consent of the State Board of Education, such assistants as may be necessary to properly carry out the provisions of this chapter. The State Superintendent of Education shall also carry into effect such rules and regulations as the State Board of Education may adopt and shall prepare such reports concerning the condition of vocational education in the state as the State Board of Education may require.

(School Code 1927, §405; Code 1940, T. 52, §383.)

§ 16-37-4 Authority of State Board as to Vocational Education

The State Board of Education shall have all necessary authority to cooperate with the federal Department of Health, Education and Welfare in the administration of the act of Congress accepted in Section 16-37-1; to administer any legislation pursuant thereto enacted by the State of Alabama and to administer the funds provided by the federal government and the State of Alabama, under the provisions of this chapter, for the promotion of vocational education in agricultural subjects, trade and industrial subjects and home economics subjects. It shall have full authority to formulate plans for the promotion of vocational education in such subjects as an essential and integral part of the public school system of education in the State of Alabama and to provide for the preparation of teachers of such subjects. It shall have authority to fix the compensation of such officials and assistants as may be necessary to administer the federal act and this chapter for the State of Alabama, and to pay such compensation and other necessary expenses of administration from funds appropriated in this chapter. It shall have authority to make studies and investigations relating to vocational education in such subjects; to promote and aid in the establishment by local communities of schools, departments or classes giving training in such subjects; to cooperate with local communities in the maintenance of such schools, departments or classes; to prescribe qualifications for the teachers, directors and supervisors of such subjects, and to have full authority to provide for the certification of such teachers, directors and supervisors; to cooperate in the maintenance of classes supported and controlled by the public for the preparation of teachers, directors and supervisors of such subjects or to maintain such classes under its own direction and control; to establish and determine by general regulations the qualifications to be possessed by persons engaged in the training of vocational teachers.

(School Code 1927, §406; Code 1940, T. 52, §384.)

§ 16-37-5 City and County Boards May Cooperate with State Board

The board of education of any county or of any city having a city board of education may cooperate with the State Board of Education in the establishment of vocational schools or classes giving instructions in agricultural subjects, in trade or industrial subjects or in home economics subjects and may use any moneys raised by public taxation in the same manner as moneys for other school purposes are used for the maintenance and support of public schools.

(School Code 1927, §407; Code 1940, T. 52, §385.)

§ 16-37-6 Annual Report to Governor

The State Board of Education in its annual report to the Governor shall set forth the condition of vocational education in the State of Alabama, a list of the schools to which federal and state aid has been given and a detailed statement of the expenditures of federal and the state funds provided for the purposes of this chapter.

(School Code 1927, §410; Code 1940, T. 52, §387.)

§ 16-37-7 County May Make Appropriation for Smith-Hughes Type of Vocational Training

(a) County commissions of counties of Alabama are hereby authorized to make appropriations to county boards of education to be used in providing classrooms, laboratories and shops for use in teaching vocational subjects and for maintaining such vocational departments after they have been established; provided, that such appropriations may only be made for use in any school or schools duly recognized by the State Board of Education as centers for vocational instruction of the Smith-Hughes type, and on account of which reimbursement is being made or is to be made during the next fiscal school year following the first payment of county funds appropriated for such purposes.

(b) Funds so appropriated shall be paid to the county custodian of public school funds by the county treasurer on authorization of the county commission. The county custodian of public school funds shall pay out such funds on authorization of the county board of education.

(School Code 1927, §§411, 412; Code 1940, T. 52, §§388, 389.)

§ 16-37-8 City and County Boards of Education Authorized to Operate Jointly Vocational High Schools

(a) In order to further develop the human and natural resources of this state and to correlate and make available information and training in local communities for instruction in such subjects as mechanics, home economics, industrial, livestock, poultry, horticulture, farming and dairying, and to provide exhibits of an educational and cultural nature, and to provide for lectures, extension courses from the state universities and colleges or other sources, the various city or counties or cities and county boards of education are hereby authorized to create vocational high schools.

(b) Any city or county board of education, or any combinations of city or county boards of education are hereby authorized by agreement to jointly or severally contract for the erection, maintenance and operation of vocational high schools and to contract for the construction by each for such sums as said boards may agree for said erection, maintenance and operation. Any such contracts shall be subject to approval by the State Board of Education.

(c) The governing body of any city or county shall have the authority to contribute to the erection, maintenance and operation of any vocational high school created under the provisions of this section.

(d) The governing body of any such school shall be authorized to receive any gift or donation or any appropriation from any source, including federal, state, county or municipality, and to comply with the provisions of any federal or state law, rule or regulation in order to receive funds therefrom, and to contract or comply with any such law, rule or regulation in order to be entitled to receive any such funds.

(e) No tuition shall be charged to resident pupils of the areas of the cooperating boards of education.

(f) The agreement providing for the erection, maintenance and operation of any such vocational high school shall provide for a staff, together with provisions for its appointment, removal and its powers, duties and authority; provided, that the same shall not conflict with the provisions hereof, or with the laws regulating the operation of public schools in the State of Alabama. The said agreement shall also provide for an advisory board, composed of one or more members of each cooperating board of education selected by that board, together with its powers and duties.

(Acts 1945, No. 241, p. 359, §§ 1-6.)

§ 16-37-9 Use of Facilities for Career Technical Classes

(a) Any provision of the State Building Code, as adopted by the Division of Construction Management of the Department of Finance, or other applicable state or local building code to the contrary notwithstanding, a local board of education may use any available facility for conducting career technical classes upon a finding by the board that the available facility is better suited for career technical classroom instruction than the facilities then being used.

(b) A determination of whether an available facility is better suited for career technical classroom instruction shall be based on the type of instruction to be provided and not whether the available facility has air conditioning.

(Act 2019-524, §1.)

Chapter 37A Talent Readiness and Industry Needs Act. [Credit Terminates December 31, 2031]

§ 16-37A-1 Short Title. [Credit Terminates Dec. 31, 2031]

This chapter shall be known and may be cited as the Talent Readiness and Industry Needs (TRAIN) Act.

(Act 2026-606, §1.)

§ 16-37A-2 Legislative Findings. [Credit Terminates Dec. 31, 2031]

The Legislature finds that Career and Technical Education (CTE) plays a vital role in preparing students for in-demand careers across a range of industries including manufacturing, information technology, construction, and skilled trades. Many school districts across the state face challenges in recruiting and retaining qualified CTE instructors due to certification barriers, regional shortages, and competition with private-sector wages. The involvement of current industry professionals in the classroom could provide students with direct exposure to up-to-date, real-world knowledge and practices, thereby improving educational outcomes and workforce readiness. The Legislature also finds that public-private partnerships between schools and industry are essential to closing the skills gap and ensuring that education aligns with the evolving needs of the economy. The TRAIN Act would provide an opportunity for the private sector to partner with eligible educational institutions to provide CTE instruction to students and provide for industry professionals to obtain CTE certification. Therefore, it is the intent of the Legislature to establish a targeted income tax credit to incentivize employers to loan qualified employees to serve as instructors in CTE programs at eligible educational institutions in order to promote workforce development and economic growth.

(Act 2026-606, §2.)

§ 16-37A-3 Definitions. [Credit Terminates Dec. 31, 2031]

For the purposes of this chapter, the following terms have the following meanings:

(1) ALABAMA COMMUNITY COLLEGE. Any public two-year institution of higher education under the control of the Board of Trustees of the Alabama Community College System.

(2) COMMUNITY DEVELOPMENT FOUNDATION. An Alabama nonprofit corporation that is organized under 26 U.S.C. § 501(c)(3) and functions as a community organization that provides, develops, and oversees workforce training curriculum in a particular community in the state or has an expertise in a designated CTE program. (3) DEPARTMENT. The State Department of Education. (4) DESIGNATED CTE PROGRAM. A career and technical education program for grade 9 or higher at an eligible educational institution in a high-demand sector. The high-demand sectors eligible for this designation shall be reviewed and approved annually by the Executive Committee of the Alabama Workforce Board, which shall provide notice to the Department of Workforce and the department regarding its approval or denial by March 31 of each year to be eligible for the next academic year.

(5) ELIGIBLE EDUCATIONAL INSTITUTION. An Alabama community college, a local education agency, a public high school, or a community development foundation.

(6) EMPLOYER. A corporation, partnership, limited liability company, or other business entity registered to do business in this state and in good standing with the Department of Revenue.

(7) PUBLIC HIGH SCHOOL. A public secondary school operated by a local education agency in this state which provides instruction in any grade from 9 through 12 and which offers an approved career and technical education program as recognized by the department.

(8) QUALIFIED EMPLOYEE. a. An individual employed by an employer who:

1. Possesses a Bachelor’s degree or other certification or experience or combination thereof equivalent to those accepted by the department;

2. Has not less than three years of occupational experience or appropriate industry-recognized certification in a relevant field corresponding to a designated CTE program;

3. Has a history of positive performance reviews from his or her employer; and

4. Has successfully passed a criminal history background check and meets any other screening requirements of the eligible educational institution.

b. A qualified employee shall not be deemed a public employee or a loaned employee for purposes of the Alabama Ethics Act.

(9) SALARY. The actual wages or compensation paid by an employer to a qualified employee during a teaching assignment.

(10) TEACHING ASSIGNMENT. The agreed upon period during which a qualified employee is loaned by an employer to an eligible educational institution to serve as an instructor in a designated CTE program, provided that the assignment shall consist of weekly in-person attendance at the school and no less than 300 hours of direct instruction to students within an academic year or another minimum time requirement established by the department.

(11) WORKFORCE TEACHING CERTIFICATE. A temporary teaching certificate issued to a qualified employee which authorizes the employee to teach a designated CTE program at an eligible educational institution and may be treated as a renewable certificate by the department.

(Act 2026-606, §3.)

§ 16-37A-4 Creation of the Train Act Credit; Eligibility. [Credit Terminates Dec. 31, 2031]

(a) There is hereby created a tax credit that an employer may apply against any of the following:

(1) To offset the income taxes levied in Chapter 18 of Title 40.

(2) To offset the state portion of the financial institution excise tax levied in Chapter 16 of Title 40.

(b)(1) The amount of the tax credit shall equal the portion of the qualified employee’s salary paid by the employer for time directly attributable to the teaching assignment in the applicable tax year, subject to the limitations provided in this section.

(2)a. Notwithstanding subdivision (1), a taxpayer may claim a tax credit to offset eligible taxes for donations to a community development foundation to support a designated CTE program or to supplement the salaries of instructors who teach a designated CTE program.

b. For any donation made to a community development foundation to supplement the salary of an instructor to teach a designated CTE program, the instructor must teach a minimum number of hours in the classroom, as determined by an Alabama community college, a local education agency, or a public high school.

(c) Subject to the provisions of this chapter, an employer shall be eligible to claim a credit if it meets all of the following conditions:

(1) The employer enters into a memorandum of understanding (MOU) or other agreement between the eligible educational institution and the employer which outlines the conditions under which a qualified employee with a workforce teaching certificate or other teaching certificate would be authorized to participate in a teaching assignment in a designated CTE program. Each MOU or agreement between an employer and an eligible educational institution, at a minimum, shall include all of the following:

a. The name of the qualified employee and a description of the designated CTE program in which instruction will occur.

b. The duration of the teaching assignment, including total instructional hours and term or terms covered.

c. A statement confirming that the employer will continue to pay the qualified employee’s full salary and benefits during the teaching assignment. A qualified employee is not entitled to any compensation from an eligible educational institution, but the institution may elect to compensate a qualified employee in whatever manner it deems appropriate.

d. A certification by the employer that the qualified employee has passed, or will pass prior to beginning the teaching assignment, all background screening requirements as required by the eligible educational institution.

e. The method of verifying attendance, instructional hours, and program completion for purposes of credit certification.

f. A provision authorizing the department to inspect records and verify compliance.

g. A provision acknowledging that noncompliance with any of these requirements may result in recapture of the tax credit, as provided in this chapter.

h. A statement that the employer shall maintain workers’ compensation and general liability coverage for the qualified employee during the teaching assignment.

i. A statement regarding liability for actions performed by the qualified employee in furtherance of the teaching assignment.

(2) The employer has received a TRAIN Act credit reservation certificate from the department for an approved agreement with an eligible educational institution.

(3) The employer continues to pay the qualified employee’s full salary and benefits during the teaching assignment.

(4) The eligible educational institution provides the qualified employee with the classroom space, equipment, and other instructional materials required to conduct the teaching assignment unless otherwise agreed to in the MOU.

(d) To the extent that a tax credit is used by an employer, the employer shall not be allowed any deduction that would have otherwise been allowed for the employer’s payment of the qualified employee’s salary or for donations to an eligible educational institution. Credits may only be claimed by the employer and may not be assigned or transferred to any other taxpayer, provided the credit issued to a parent or holding company may be claimed by the subsidiary, provided both parent or holding company and subsidiary are filing as part of an Alabama consolidated return, as defined under Section 40-18-39.

(e) In no event shall the credit cause a taxpayer’s tax liability to be reduced by more than 50 percent. Unused credits may be carried forward for no more than five years but shall not be transferable.

(f) If a teaching assignment is not completed in full, the credit shall be prorated and available to the employer only for the portion of the salary paid for services actually rendered by the qualified employee and accepted by the eligible educational institution. If an agreement is terminated by the eligible educational institution, the Department of Revenue, after consultation with the department, may disallow the credit in its entirety for that tax year.

(g) The tax credits may be claimed beginning January 1, 2027.

(h) The statewide annual aggregate of tax credits allowed under this section shall not exceed ten million dollars ($10,000,000), provided that credits claimed by entities making donations to community development foundations may not exceed four million dollars ($4,000,000) in any single calendar year.

(i) Notwithstanding any other provision of this chapter, the total amount of credit that may be reserved and claimed by any single taxpayer shall not exceed two hundred fifty thousand dollars ($250,000) in a calendar year. The department shall ensure that no credit reservation certificate is issued that would cause a taxpayer to exceed this limitation.

(Act 2026-606, §4.)

§ 16-37A-5 Forms; Construction of Chapter; Rulemaking Authority. [Credit Terminates Dec. 31, 2031]

(a) All findings and applications made with any department of the state government shall be made using forms adopted by the department. The filing shall be treated as a tax return, subject to penalties imposed by the Department of Revenue.

(b) Nothing in this chapter shall be construed to constitute a guarantee or assumption by the state of any debt of any company nor to authorize the credit of the state to be given, pledged, or loaned to any company.

(c) Nothing in this chapter shall be construed to make available to any taxpayer any right to the benefits conferred by this article absent strict compliance with this chapter.

(d) Nothing in this chapter shall be construed to limit the powers otherwise existing for the Department of Revenue to audit and assess a taxpayer claiming the credit.

(e) The department may work with the Department of Revenue and the Department of Workforce to adopt rules as necessary to implement and administer this chapter.

(Act 2026-606, §5.)

§ 16-37A-6 Administration. [Credit Terminates Dec. 31, 2031]

(a) The Department of Revenue may adopt rules for implementation and enforcement of this chapter.

(b) The department shall establish a process to approve agreements, and the Department of Revenue shall allow tax credits in accordance with the following:

(1) Upon receipt of an executed agreement, the department shall issue a TRAIN Act credit reservation certificate to the employer.

(2) The certificate shall state the maximum amount of credit reserved for the employer and the corresponding teaching assignment, which may span multiple tax years.

(3) Tax credits reserved by certificates issued in a prior calendar year shall count against the cap for the calendar year in which the certificate was issued.

(4) The department shall track credit reservations by taxpayer and shall deny or reduce any requested reservation that would cause the taxpayer to exceed the per-taxpayer limitation established in Section 16-37A-4(i).

(c) The department, in consultation with the Department of Workforce and the Executive Committee of the Alabama Workforce Board, shall administer the process for approving designated CTE programs that are eligible for participation under this chapter, pursuant to the annual sector approvals provided in Section 16-37A-3(4).

(d) In order to claim a tax credit, a taxpayer must file the appropriate forms with the Department of Revenue and provide a copy of its TRAIN Act credit reservation certificate, documentation of the agreement, proof of salary payments made during the tax year for which the credit is claimed, proof of donations to a community development foundation made pursuant to this chapter for the tax year for which the credit is claimed, and any other information required by the Department of Revenue.

(e) The department, with information from the Department of Revenue as requested, shall submit an annual report by the third legislative day of each regular session of the Legislature to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Legislative Fiscal Officer summarizing:

(1) The number of tax credits approved and claimed;

(2) The number of employers, qualified employees, and institutions participating;

(3) Geographic distribution; and

(4) Program outcomes.

(f) No later than July 1, 2031, the department shall submit to the Governor and the Legislature a report evaluating the effectiveness of the TRAIN Act, including data on participation, geographic distribution, and workforce outcomes, and the report shall include recommendations as to whether the program should be extended, modified, or allowed to expire.

(Act 2026-606, §6.)

§ 16-37A-7 Availability of Credits for Certain Awards on or Prior to December 31, 2031. [Credit Terminates Dec. 31, 2031]

The tax credits provided in this chapter shall not be available for employers as described in this chapter, for which agreements are not approved on or prior to December 31, 2031, unless the Legislature enacts legislation to extend the date. This shall only affect the availability of credits for applications not approved on or prior to December 31, 2031, and shall not cause a reduction or suspension of any credits awarded on or prior to December 31, 2031.

(Act 2026-606, §7.)

§ 16-37A-8 Certification Process. [Credit Terminates Dec. 31, 2031]

(a) In order to support statewide workforce development initiatives, it is necessary to establish a streamlined process by which private sector employees may teach a qualified CTE program at an eligible educational institution.

(b) The department, in consultation with the Department of Workforce, may adopt rules and criteria for the establishment and issuance of a workforce teaching certificate that would authorize a qualified employee to serve as a classroom teacher at an eligible educational institution while still employed and paid by a private sector employer.

(c) The workforce teaching certificate shall authorize a qualified employee to engage in the following:

(1) To accept a teaching assignment, serve as a classroom teacher, and provide direct instruction for a qualified CTE program.

(2) To enter grades, maintain instructional records, and perform duties customarily exercised by full-time instructors, subject to approval by an eligible educational institution.

(3) Other duties as determined by the eligible educational institution.

(d) A qualified employee may not receive a workforce teaching certificate until after he or she has successfully passed a criminal history background check and obtained clearance from the department in accordance with the requirements of Section 16-22A-5.

(e) The department may terminate an individual’s workforce teaching certificate at any time for cause. An eligible educational institution may terminate an agreement with an employer which is entered into in accordance with the requirements of this chapter at any time if the qualified employee:

(1) Has his or her workforce teaching certificate terminated;

(2) Does not comply with the requirements of the agreement; or

(3) Does not conduct the teaching assignment at the expected level of performance.

(f) The department shall develop and administer a training program that must be taken and passed by a qualified employee prior to the issuance of a workforce teaching certificate and that individual beginning a teaching assignment. The training program shall be offered online. The training program should be limited in scope and duration, and the program’s instructional time should not exceed what is reasonably necessary to conduct a teaching assignment. The training program may include the entry level occupational proficiency assessment that is approved by the department, if applicable, but it must provide targeted instruction in: (i) classroom management; (ii) basic instructional methods; (iii) student safety and legal compliance; and (iv) grading standards and assessment fundamentals.

(g) The department may set the term of a workforce teaching certificate and the process by which a certificate may be renewed or terminated.

(h) The holder of a workforce teaching certificate shall not be personally liable for acts or omissions undertaken in performance of assigned instruction or supervisory duties. This protection shall not apply to willful, wanton, or intentional acts of misconduct, and shall be administered consistent with Section 16-28C-4.

(i) Neither the department nor an eligible educational institution shall be liable for any acts of the qualified employee.

(Act 2026-606, §8.)

Chapter 38 Rehabilitation and Crippled Children Service

§ 16-38-1 Acceptance of Provisions of Federal Vocational Rehabilitation Act

The State of Alabama hereby accepts all of the provisions and benefits of an act passed by the United States Congress, entitled “an act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment” (29 U.S.C.A., §§31 through 41).

(School Code 1927, §413; Code 1940, T. 52, §390.)

§ 16-38-2 Rehabilitation of Persons Disabled in Industry or Otherwise

For the purpose of enabling the State of Alabama to comply with the provisions of the national Social Security Act insofar as it relates to extending and strengthening its program of vocational rehabilitation of physically and mentally disabled persons, to provide physical and mental restoration when necessary, and to continue to carry out the provisions and purposes of the federal Vocational Rehabilitation Act entitled “an act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise, and their return to civil employment” (29 U.S.C.A., §§ 31 through 41), any and all funds appropriated may be used for the purposes set forth in this section and in the amended act.

In furthering its plan of vocational rehabilitation and physical and mental restoration now effective in the state, this section shall be administered and any and all state and federal appropriations for carrying into effect its provisions shall be expended under the supervision of the State Superintendent of Education.

All state and federal funds made available for carrying out the provisions of the section shall be paid by the treasurer on warrants drawn therefor by the Comptroller, on requisition of the State Superintendent of Education.

(Acts 1935, No. 397, p. 870, §§1-3; Code 1940, T. 52, §391.)

§ 16-38-3 Restoration of Crippled Children

For the purpose of enabling the State Board of Education of Alabama to comply with the provisions of the national Social Security Act and to continue to extend and improve as far as practicable the services now maintained by the State Board of Education for locating crippled children and for providing medical, surgical, corrective and other services, care and treatment and facilities for diagnosis, hospitalization and after-care for children who are crippled or who are suffering from conditions which lead to crippling, any and all funds appropriated for physical restoration of crippled children for the above purposes may be used for the purposes set forth in this section.

Funds made available through that section or those sections of the federal Social Security Act which relates to crippled children, together with any and all available state and federal appropriations, shall be administered by the State Board of Education, through the Division of Rehabilitation and Crippled Children Service, and shall be used in the further development of the state’s program of physical restoration of crippled children. The State Board of Education is hereby authorized to accept donations, gifts and bequests and to expend same on approval of the State Superintendent of Education or executive officer of the board for purposes approved under regulations of the State Board of Education.

All funds made available for carrying out the provisions of this section shall be paid by the Treasurer on warrants drawn therefor by the Comptroller, on requisition of the State Superintendent of Education.

(Acts 1935, No. 397, p. 870, §§1-3; Code 1940, T. 52, §392.)

§ 16-38-4 Treasurer Custodian of Federal Funds for Rehabilitation

The Treasurer is hereby designated and appointed custodian of all moneys received by the state from the appropriations made by the act of Congress referred to in Section 16-38-1, and he is authorized to receive and to provide for the proper custody of the same and to make disbursements thereof in the manner provided in the act and for the purposes therein specified. He shall pay out any moneys appropriated by the State of Alabama for the purpose of carrying out the provisions of this chapter upon the order of the State Board of Education.

(School Code 1927, §414; Code 1940, T. 52, §393.)

§ 16-38-5 Duties of Superintendent as to Rehabilitation Work

The State Superintendent of Education shall designate, by and with the advice and consent of the State Board of Education, such assistants as may be necessary to properly carry out the provisions of this chapter. The State Superintendent of Education shall also carry into effect such rules and regulations as the State Board of Education may adopt and shall prepare such reports concerning the conditions of vocational rehabilitation of persons disabled in industry or otherwise as the State Board of Education may require.

(School Code 1927, §415; Code 1940, T. 52, §394.)

§ 16-38-6 State Board of Education’s Authority to Cooperate with Federal Rehabilitation Agency

The State Board of Education shall have all necessary authority to cooperate with the Federal Vocational Rehabilitation Agency in the administration of said act of Congress. It shall cooperate with the state agency in charge of the Workers’ Compensation Law. The state board shall administer any legislation which may hereafter be enacted by the Legislature of the State of Alabama and shall administer the funds provided by the federal government and the State of Alabama for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment. It shall have full authority to formulate plans for the promotion of the training of such persons in such subjects essential to their rehabilitation. It shall have authority to fix the compensation of officials and assistants as may be necessary to administer the federal act and this chapter, and to pay such compensation and other necessary expenses of administration from funds appropriated by the state. It shall have authority to make studies and investigations relating to the rehabilitation of disabled persons; to promote and aid in the establishment of schools, departments or classes giving such necessary training; to cooperate with local boards of education, organizations and communities in the maintenance of such schools, departments or classes; to prescribe qualifications for the teachers, directors and supervisors of such subjects and to have full authority to provide for the certification of teachers, directors and supervisors.

(School Code 1927, §416; Code 1940, T. 52, §395.)

§ 16-38-7 Institutions and Boards May Cooperate in Rehabilitation Work

The board of education of any county, city or incorporated town having control of its own public school system or any state institution of higher learning having its own board of control may cooperate with the State Board of Education in the establishment of schools or classes giving instruction in the training of disabled persons and may use any money raised by public taxation in the same manner as moneys for other school purposes are used for the maintenance and support of public schools.

(School Code 1927, §417; Code 1940, T. 52, §396.)

§ 16-38-8 Use of Funds

(a) The moneys appropriated by the State of Alabama, the funds deposited with the Treasurer under the provisions of the federal act and any other funds accruing to the state for vocational rehabilitation training of disabled persons shall be used by the State Board of Education for the purposes set forth in this chapter, and the moneys appropriated and accruing shall be paid out upon requisition of the State Superintendent of Education upon the Comptroller, who shall draw his warrants upon the Treasurer for the amount for which requisition was made.

(b) All reimbursements received by the State Department of Education, Rehabilitation and Crippled Children Service for state funds expended on behalf of clients shall not revert to the State Treasury under the provisions of Section 41-4-93 but shall carry forward to the next fiscal year. All reimbursements described in this subsection are hereby appropriated and designated as continuing appropriations to the State Department of Education, Rehabilitation and Crippled Children Service to be expended on behalf of clients.

(School Code 1927, §418; Code 1940, T. 52, §397; Acts 1985, No. 85-544, p. 783, §1.)

§ 16-38-9 Annual Report to Governor on Rehabilitation

The State Board of Education in its annual report to the Governor shall set forth the conditions of vocational rehabilitation education in the State of Alabama, a list of the schools to which federal and state aid has been given, and a detailed statement of expenditures of federal funds and the state fund provided for the purposes of this chapter.

(School Code 1927, §419; Code 1940, T. 52, §398.)

Chapter 38A Impaired Drivers Trust Fund

§ 16-38A-1 Creation of Fund

There is created in the State Treasury the Alabama Head and Spinal Cord Injury Trust Fund.

(Acts 1992, No. 92-586, p. 1207, §1; Act 2016-259, §1.)

§ 16-38A-2 Alabama Head and Spinal Cord Injury Trust Fund Advisory Board - Creation; Composition

There is created the Alabama Head and Spinal Cord Injury Trust Fund Advisory Board to be appointed as herein provided. The following agencies and organizations shall appoint one representative to the board:

(1) The Alabama Medical Association.

(2) The Alabama Head Injury Foundation.

(3) The Governor.

(4) The Department of Public Health.

(5) The Department of Human Resources.

(6) The Division of Special Education Services of the Department of Education.

(7) The Alabama Developmental Disabilities Planning Council.

(8) The Department of Mental Health.

(9) The Injury Prevention Research Center at the University of Alabama in Birmingham.

(10) The Alabama Head Injury Task Force.

(11) The Alabama Hospital Association.

(12) The Insurance Commissioner of Alabama.

(13) The Epilepsy Foundation of North and Central Alabama.

(14) The Alabama Medicaid Agency.

(15) The Alabama Coalition of Citizens with Disabilities.

(16) One member of the Alabama Senate appointed by the Lieutenant Governor.

(17) One member of the Alabama House of Representatives appointed by the Speaker of the House of Representatives.

(Acts 1992, No. 92-586, p. 1207, §2; Act 2016-259, §1.)

§ 16-38A-3 Filling Vacancies, Length of Terms, and Quorum of Members of Advisory Board

(a) The first appointees shall be appointed by the fifth legislative day of the 1993 Regular Session of the Legislature and shall serve until their successors are appointed on the fifth day of the 1995 Regular Session of the Legislature. In the event of death or resignation of any member of the advisory board, a successor shall be appointed by the person or entity that made the original appointment and the successor appointed to the vacancy shall serve for the remainder of the unexpired term. Subsequent appointments to the board shall be for full four-year legislative terms. The board shall elect from its membership a chair and a vice chair at an organizational meeting held no later than 30 days after appointments to the board are finalized. Thereafter, the board shall meet at the call of the chair, vice chair, or upon the request of five or more members, with notice and procedure as prescribed by the rules of the board. The body may adopt administrative rules for transacting business that are consistent with this chapter.

(b) A majority of the members of the board shall constitute a quorum for transacting business or performing any duties.

(Acts 1992, No. 92-586, p. 1207, §2.)

§ 16-38A-4 Priorities and Criteria for Disbursement of Funds; Report; Recordkeeping

(a) The board shall establish priorities and criteria for disbursement of monies in the Alabama Head and Spinal Cord Injury Trust Fund and to assure maximum benefits from the trust. The Division of Rehabilitation Services in the State Department of Education shall expend monies from the trust fund in accordance with the priorities and criteria established by the board.

(b) The board shall investigate the needs of citizens with head injuries and spinal cord injuries, identify the gaps in services to the citizens, and issue a report to the Legislature on the first day of the 1994 Regular Session with recommendations for meeting the needs.

(c) The board shall keep full and complete written minutes of its proceedings.

(Acts 1992, No. 92-586, p. 1207, §2; Act 2016-259, §1.)

Chapter 39 Education of Exceptional Children

Article 1 General Provisions

§ 16-39-1 Short Title

This chapter may be referred to as the “Alabama Exceptional Child Education Act.”

(Acts 1971, No. 106, p. 373, §13.)

§ 16-39-2 Definitions

For purposes of this chapter, the following words, terms, and phrases shall have the following respective interpretations:

(1) EXCEPTIONAL CHILDREN. Persons between the ages of six and 21 years who have been certified under regulations of the State Board of Education by a specialist as being unsuited for enrollment in regular classes of the public schools or who are unable to be educated or trained adequately in the regular programs including, but not limited to: the mildly and moderately to severely retarded, and also the profoundly retarded; the speech impaired; the hearing impaired, deaf, and partially hearing; the blind and vision impaired; the crippled and those having other physical handicaps not otherwise specifically mentioned herein; the emotionally conflicted; those with special learning disabilities; the multiple handicapped; and the intellectually gifted.

(2) HEREIN, HEREBY, HEREUNDER, HEREOF. Refer to this chapter as an entirety and not solely to the particular section or portion thereof in which any such word is used.

(3) PLACEMENT COMMITTEE. A committee designated and appointed by the superintendent for determining the eligibility of exceptional children for placement in special school programs or classes. The committee shall be composed of representatives from the fields of medicine, education, and psychology whenever practicable. The committee, after study of all data available on each exceptional child, shall make recommendations concerning each child’s admission to a school program or class or withdrawal from a school program or class.

(4) RETARDED. Having subaverage general intellectual functioning which:

a. Either originates during the developmental period or results from brain damage caused by disease or physical injury occurring subsequent to the developmental period; and

b. Is associated with impairment in adaptive behavior.

(5) SCHOOL BOARD. A county, municipal, or other board of education in the State of Alabama and the school district associated therewith.

(6) SPECIALIST. A physician, psychologist, psychometrist, or other professional personnel qualified pursuant to regulations established by the State Board of Education to examine children for the purpose of determining whether they are exceptional children.

(7) SPECIAL SERVICES. Services relating to instruction of exceptional children (but not including the instruction itself) including, but not limited to: administrative services; transportation; diagnostic and evaluation services; social services; physical and occupational therapy; job placement; orientation and mobility training; braillist services and materials; typists and readers for the blind; special materials and equipment; and such other similar personnel, services, materials, and equipment as may from time to time be approved by regulations adopted hereunder by the State Board of Education.

(8) SUPERINTENDENT. The superintendent of a school board.

The definitions set forth in this section shall be deemed applicable whether the words defined are used in the singular or plural.

(Acts 1971, No. 106, p. 373, §§1, 2; Acts 1976, No. 688, p. 950, §1; Acts 1993, No. 93-758, p. 1512, §1.)

§ 16-39-3 Education Required for Exceptional Children; Source of Funds

Each school board shall provide not less than 12 consecutive years of appropriate instruction and special services for exceptional children, beginning with those six years of age, in accordance with the provisions of this chapter. Such public school instruction and special services shall be made available at public expense for each school year to exceptional children as provided herein. The funds for such instruction and special services shall be derived from state, county, municipal, district, federal or other sources or combinations of sources. Each school board shall set aside from its revenues from all such sources such amounts as are needed to carry out the provisions of this chapter, if such funds are available without impairment of regular classes and services provided for nonexceptional children. If sufficient funds are not available to a school board to provide fully for all the provisions of this chapter as well as the educational needs of nonexceptional children, such board must prorate all funds on a per capita basis between exceptional and nonexceptional children. No matriculation or tuition fees or other fees or charges shall be required or asked of exceptional children or their parents or guardians, except such fees or charges as may be charged uniformly of all public school pupils.

(Acts 1971, No. 106, p. 373, §3.)

§ 16-39-4 Implementation of Program

Within 120 days after July 22, 1971, each school board in the State of Alabama shall take a careful and thorough survey of persons who (if thereafter certified by a specialist) would probably qualify as exceptional children residing in its school district, which survey shall show the name, age, sex and type of exceptionality of each exceptional child found by it. All such data descriptive of an individual person (as contrasted with compilations made therefrom which do not reveal information about specific individuals) shall be maintained in strict confidence and shall not be made available to anyone except to the survey-takers (in connection with those individuals who are reported by them), the appropriate superintendent and his staff, the appropriate school principal, the individual child’s parent or guardian and such other persons as may be designated in regulations adopted by the State Board of Education and under such conditions as may be provided therein. Within 120 days after the completion of said census, each school board in the State of Alabama shall prepare and adopt an incremental five-year plan commencing with the school year beginning in September 1972 for the implementation of appropriate instruction and special services for exceptional children residing in its school district, including a reasonable procedure for obtaining certifications of exceptional children by a specialist. Such plan shall upon its preparation and adoption be submitted to the State Board of Education for its review and approval or disapproval in accordance with regulations promulgated hereunder by the State Board of Education. If approved by the State Board of Education, such plan shall be binding upon the school board submitting it and shall be adhered to unless subsequent modifications of said plan shall thereafter be approved by the State Board of Education, in which case such modified plan shall be adhered to. If the State Board of Education shall disapprove a plan submitted by a school board, representatives of the state school board shall consult and advise with said school board in an effort to formulate a plan which can be approved; provided, that disapproval of a plan or any amendments thereto shall be only because of failure of the plan to meet minimum standards set out in regulations of the state board adopted in accordance with Section 16-39-5, and any such disapproval must specify in detail the reasons for such disapproval. If no such plan can be agreed upon, the State Board of Education shall provide a plan which shall be adhered to unless the school board shall within 30 days thereafter file an action in the Circuit Court of Montgomery County, Alabama, to restrain the enforcement of such plan on the ground that it is arbitrary, impracticable, detrimental to the education of exceptional children, or invalid. Only the said court specified above shall have jurisdiction of such actions, and all such actions shall be given a preferred setting.

(Acts 1971, No. 106, p. 373, §4.)

§ 16-39-5 Responsibilities of State Board of Education

The State Board of Education shall adopt regulations covering:

(1) The qualifications of specialists for each type of exceptionality and standards for certification of exceptional children;

(2) Minimum standards of instruction and special services to be provided for each type of exceptionality at each age or grade level;

(3) Reasonable qualifications for teachers, instructors, therapists and other personnel needed to work with exceptional children;

(4) Guidelines for suitable five-year incremental plans for implementation of the program set forth in this chapter for various types of typical situations likely to be encountered by school boards in the State of Alabama; and

(5) Such other rules and regulations as may be necessary or appropriate for carrying out the purposes of this chapter.

Said regulations may be amended from time to time, said amended regulations to be effective 90 days after written notice of said amendments has been transmitted to each school board in the State of Alabama.

The State Board of Education shall receive, review and approve or disapprove plans submitted by school boards hereunder and shall consult and advise with school boards whose plans are disapproved; provided, that disapproval of a plan or any amendments thereto shall be only because of failure of the plan to meet minimum standards set out in regulations of the state board adopted in accordance with this section, and any such disapproval must specify in detail the reasons for such disapproval. If an approval cannot be worked out satisfactorily, the State Board of Education shall provide a plan which shall be binding on the school board unless its enforcement is restrained as provided in Section 16-39-4.

The State Board of Education shall have the primary responsibility for enforcing compliance with such plans and with compliance of school boards with its regulations and the requirements of this chapter. If any local board fails or refuses to implement the plan provided for under this chapter, the Attorney General shall, upon request of the State Board of Education or upon the request of any private citizen, bring civil injunctive actions to enforce the implementation of such plan. If the state board fails or refuses to carry out any duties required of it by this chapter, the Attorney General shall, upon the request of any private citizen, bring civil actions in Montgomery County to require that such duties be performed.

(Acts 1971, No. 106, p. 373, §5.)

§ 16-39-6 School Board Plans

During the fifth year of implementation of the incremental five-year plan referred to above, each school board shall submit a long-range plan for providing appropriate instruction and special services for exceptional children and shall submit said long-range plan to the State Board of Education for its review and approval or disapproval. Such plan, unless thereafter modified with approval of the State Board of Education, shall be adhered to by the school board. Said long-range plans, and all modifications thereof, shall be resubmitted to the State Board of Education for its review and approval or disapproval at such intervals as may be established by the said state board in regulations, but not in any event less often than once every seven years or more often than once every two years. Disapproval of a plan or any amendments thereto shall be only because of failure of the plan to meet minimum standards set out in regulations of the state board adopted in accordance with Section 16-39-5, and any such disapproval must specify in detail the reasons for such disapproval. The procedure for approving, disapproving, establishing and enforcing such long-range plans shall be the same as that set forth hereinabove for the incremental five-year plans and the long-range plans shall include such provisions as may be appropriate for the following:

(1) Establishment of special education classes, instruction, curricula, facilities, equipment and special services;

(2) Utilization of teachers and other personnel;

(3) Attendance requirements for exceptional children;

(4) Services for exceptional children whose condition will not permit them to profit or benefit from any kind of school program, such as day care, recreation programs and other services and facilities; and

(5) Payment of tuition and other costs for attendance at appropriate semipublic or private schools or institutions which may be able to provide appropriate services for all or some exceptional children in comparison with that which can be provided through the school system, such as, for example: Children’s Center of Montgomery and Opportunity Center School in Birmingham. Such payment per exceptional child shall not exceed the average per pupil appropriation for all exceptional children in the school district, including allowances for teacher units, transportation and all other aid for exceptional children. Such payment shall, however, be limited to the extent that the child’s needs cannot be met in the schools and further limited to private institutions which are approved or accredited for such training by the State Board of Education. Institutions which have not met minimal standards as may be prescribed by the State Board of Education shall not be eligible by direct or indirect means to receive state funds. No funds shall be expended for training in any school or institution outside the State of Alabama.

(6) The enrollment of exceptional children at appropriate state institutions for such children, which enrollment shall relieve the school board from any further responsibility for any such child during the period of such enrollment.

(Acts 1971, No. 106, p. 373, §6.)

§ 16-39-8 Classification of Child; Placement; Record of Case History

No child shall be given special services under the terms of this chapter as an exceptional child until he is properly classified as an exceptional child; provided, that the child’s parent or guardian shall be informed of the reasons for such classification. A copy of the report certifying to the child’s type of exceptionality shall be kept on file in the office of the principal of the school in which the child is enrolled and at such other places as may be prescribed by regulations of the State Board of Education.

In providing for the instruction of exceptional children, the school boards shall utilize regular school facilities and adapt them to the needs of exceptional children, except as otherwise provided herein. No exceptional child shall be segregated and taught apart from other nonexceptional children until a careful study of the child’s case has been made and evidence obtained which indicates that such segregation would be for the exceptional child’s benefit or is necessary because of difficulties involved in teaching the child in a regular school program. Appropriate placement shall be made on the basis of the placement committee recommendation wherever this is practicable.

The principal of the school in which an exceptional child is taught shall keep a written record of the case history of each exceptional child, showing the reason for any withdrawal of such exceptional child from the regular school program in the public school and his enrollment in or withdrawal from a special school program for exceptional children. Such confidential record shall be available for inspection by appropriate school officials and appropriate faculty at any time with the consent of the school principal.

(Acts 1971, No. 106, p. 373, §8.)

§ 16-39-9 Reports on Exceptional Children

The Alabama Boys Industrial School, Alabama State Training School for Girls, Alabama Institute for Deaf and Blind, Alabama state Department of Mental Health, State Crippled Children’s Service, the State Board of Health and the Department of Human Resources shall direct their field workers to review their case records on or before March 31 of each year and to report to the superintendent of each school board the names and other pertinent information for all persons who might, if certified by a specialist, be exceptional children in the school district and whose conditions in their opinion might require special education services.

(Acts 1971, No. 106, p. 373, §9.)

§ 16-39-10 Textbooks, Equipment, Etc., for Vision or Hearing Impaired and Those Having Other Special Learning Disabilities

The local superintendents of education are authorized to purchase and arrange for distribution among schools previously adopted textbooks, equipment and materials which are prepared in various resource and media centers for the use of vision and hearing impaired children and those having other special learning disabilities enrolled in the public schools in Alabama or whose tuition and expenses at other schools are being paid by a local board of education under the provisions of this article.

(Acts 1971, No. 106, p. 373, §10; Acts 1995, No. 95-314, p. 634, §48.)

§ 16-39-11 Transportation

When authorized by regulations of the State Board of Education in lieu of the amount calculated on the basis of average daily membership otherwise authorized by law, there shall be allowed from the Education Trust Fund appropriation for transportation for each bus used exclusively for the purpose of transporting eight or more pupils classified as exceptional children who are unable to ride regular school buses 80 percent of the cost of such transportation, and a proportionate amount shall be allowed for a vehicle used exclusively for the transportation of a smaller number of exceptional children in average daily membership as prescribed by regulations of the State Board of Education.

(Acts 1971, No. 106, p. 373, §11; Acts 1995, No. 95-314, p. 634, §49.)

§ 16-39-12 Scholarships for Special Teachers

The State Board of Education is authorized to make training grants to professional personnel who seek special training in exceptional child education to qualify said personnel to meet professional requirements set forth in said state board’s regulations and shall be responsible for the administration of said program. Such grants are limited to personnel who are under contract to work in the exceptional child program in this state, the training schools, the child training centers and at the various residential facilities for exceptional children throughout the state for such contractual periods as the State Board of Education may by regulation specify and to regular students who plan to work in the exceptional child program in this state and who sign a commitment satisfactory to the State Board of Education that they will take an appropriate available job at any location within the State of Alabama upon graduation or completion of their studies. Such commitments shall be binding upon those who sign them and receive scholarship aid, but the State Board of Education may waive the enforceability thereof in the event of extreme and unforeseen hardship. Each grant shall cover the cost of tuition, housing and food, from a minimum dollar amount for residence enrollment in specific courses approved by the state superintendent under the regulations of the State Board of Education. Said courses for which scholarships may be made available are those offered on the campuses of the institutions of higher learning in this state, except where necessary courses are not offered in this state. Where courses are not offered in this state in the areas requiring certification in exceptional child education, the recipient may receive said grant for attending an out-of-state institution of higher learning approved by the State Board of Education to meet the professional requirements of the State of Alabama.

(Acts 1971, No. 106, p. 373, §12.)

§ 16-39-13 Video Cameras in Certain Self-Contained Classrooms Providing Special Education Services; Confidentiality, Retention, and Use of Recordings

(a) For the purposes of this section, the following words have the following meanings:

(1) SELF-CONTAINED CLASSROOM. A public K-12 classroom in which at least half of the students in regular attendance are provided special education services. This term includes any room attached to the classroom where special education services are provided and any calm down rooms, sensory rooms, and common areas.

(2) SPECIAL EDUCATION SERVICES. Educational instruction and special services provided to students pursuant to Section 16-39-3.

(b)(1) In order to promote classroom and student safety, each local board of education in the state, if the funding is available, may provide, place, operate, and maintain video cameras in each self-contained classroom under the jurisdiction of the board in which at least half of the students are provided special education services. If a specific donation is made to a local board of education for the purpose of placing and operating video cameras pursuant to this section, then the local board of education shall install video cameras as required by this section. If video cameras are used in a classroom, the board of education shall provide enough video cameras so that all areas of the self-contained classroom may be recorded, to the extent that funding is available to do so. The video cameras shall record audio and video during school hours and at any time a student is present in the self-contained classroom.

(2) A video camera placed in a self-contained classroom may not monitor a restroom or any other area where a student changes his or her clothes, except for incidental monitoring of a minor portion of a restroom or changing area because of the inherent layout of the self-contained classroom.

(3) Each local board of education shall provide written notice of the placement of video cameras to each parent or legal guardian of any student assigned to a self-contained classroom where video cameras are installed.

(c)(1) All video and audio recordings of students made pursuant to this section are confidential and shall not be released or viewed, except as provided in subdivision (2) and where the release or viewing is otherwise consistent with the federal Family Educational Rights and Privacy Act of 1974 (FERPA) and state law.

(2) In the event an incident of alleged abuse, neglect, harassment, or other inappropriate behavior has been reported to the local superintendent of education or the principal of the school, the video or audio recordings that document the alleged abuse, neglect, harassment, or other inappropriate behavior shall be provided to the following individuals upon request:

a. Any employee who is involved in the alleged incident of abuse, neglect, harassment, or other inappropriate behavior.

b. Each parent or legal guardian of any student who is involved in the alleged incident of abuse, neglect, harassment, or other inappropriate behavior.

c. The employee or administrator designated by the local superintendent of education to investigate the alleged incident of abuse, neglect, harassment, or other inappropriate behavior.

d. Appropriate law enforcement officers and state agency officials who are investigating the report of an alleged incident of abuse, neglect, harassment, or other inappropriate behavior.

e. Legal counsel representing any of the listed individuals or the local board of education.

f. An investigator retained by any of the listed individuals or the local board of education.

(3) A contractor or employee performing job duties relating to the installation, operation, or maintenance of video equipment or retention of video or audio recordings, who incidentally views a video recording of an alleged incident of abuse, neglect, harassment, or other inappropriate behavior may not be found in violation of this section.

(d) The local board of education shall retain all audio and video recordings for at least three months after the date of recording, subject to the following:

(1) If the minimum three-month period overlaps with the summer break occurring between the last day of one instructional term and the first day of the next instructional term, the minimum three-month period shall be extended by the number of days occurring between the two instructional terms.

(2) If an alleged incident of abuse, neglect, harassment, or other inappropriate behavior has been reported to the local superintendent of education or school principal, the video and audio recordings shall be retained until the completion of all investigations, administrative proceedings, and legal proceedings relating to the alleged incident of abuse, neglect, harassment, or other inappropriate behavior, including the exhaustion of all appeals.

(e) A video or audio recording made pursuant to this section may not be used for any of the following:

(1) Routine teacher evaluations.

(2) Regular or continued monitoring of a classroom, including through a live stream.

(3) Any purpose that does not conform to this section.

(f)(1) This section may not be interpreted to limit the access of a student’s parent or legal guardian to a video recording viewable under FERPA, or any other law.

(2) The local board of education shall take necessary precautions to conceal the identity of any student who appears in a video or audio recording who is not personally involved in the alleged incident of abuse, neglect, harassment, or other inappropriate behavior, including, without limitation, blurring the face of any uninvolved student.

(Act 2023-527, §2.)

Article 2 Catastrophic Trust Fund for Special Education

§ 16-39-30 Establishment of Fund; Department of Education to Administer

There is hereby established the Catastrophic Trust Fund for Special Education to be titled the Catastrophic Trust Fund for Special Education Act, to be administered by the State Department of Education for the purpose of assisting local education agencies providing special education and related services for children with disabilities in catastrophic cases.

(Acts 1991, No. 91-594, p. 1097, §1.)

§ 16-39-31 Definitions

For the purposes of this article, the following words, terms and phrases shall have the following interpretations:

(1) SPECIAL EDUCATIONAL SERVICES. Services relating to instruction of exceptional children with disabilities.

(2) EXCEPTIONAL CHILDREN. Those children and youth with disabilities determined eligible for special education and related services under existing federal and state laws, rules, regulations and policies governing special education.

(3) CATASTROPHIC. Those cases where special education and related services which are required for a particular child are unduly expensive, extraordinary and/or beyond the routine and reasonable special education and related services provided by the local education agency.

(4) LOCAL EDUCATION AGENCY. A county or city school district in the State of Alabama.

(Acts 1991, No. 91-594, p. 1097, §2.)

§ 16-39-32 Use of Funds

All funds appropriated as a result of this article and funds obtained through donations, bequests, other forms of financial assistance, and accrued interest in the investment of all funds that are to be used to fund services for exceptional children with disabilities. All unencumbered funds remaining in the Catastrophic Trust Fund for Special Education at the end of each fiscal year shall carry-over to the next succeeding fiscal year for use in the Catastrophic Trust Fund for Special Education.

(Acts 1991, No. 91-594, p. 1097, §3.)

§ 16-39-33 Rules and Regulations; Request for Funding

The State Board of Education shall promulgate rules and regulations governing the total operation of the Catastrophic Trust Fund for Special Education and shall request funding for the Catastrophic Trust Fund for Special Education.

(Acts 1991, No. 91-594, p. 1097, §4.)

§ 16-39-34 Annual Report on Status of Fund

The State Superintendent of Education shall provide an annual report on the status of the Catastrophic Trust Fund for Special Education to the State Board of Education, the Governor, the Lieutenant Governor, the Speaker of the House, and the chairman of the Senate and House Education Committee. The report shall be submitted no later than the tenth legislative day of each regular session of the Alabama Legislature.

(Acts 1991, No. 91-594, p. 1097, §5.)

Chapter 39A Special Education of Preschool Handicapped Children

§ 16-39A-1 Short Title

This chapter shall be known and may be cited as the “Alabama Preschool Special Education Act.”

(Acts 1991, No. 91-474, p. 859, §1.)

§ 16-39A-2 Establishment of Program; Agencies to Provide Free Appropriate Public Education for Eligible Children in Accordance with Act

There is hereby established a preschool special education program for children with disabilities, ages three through five years, inclusive. All county and city local education agencies are required to provide free appropriate public education for all eligible children with disabilities, ages three through five years, inclusive, in accordance with the Individuals with Disabilities Education Act, previously known as the “Education of the Handicapped Act,” Public Law 91-230, and all amendments thereto.

(Acts 1991, No. 91-474, p. 859, §2.)

§ 16-39A-3 Definitions

For purposes of this chapter, the following words, terms and phrases shall have the following interpretations:

(1) PRESCHOOL CHILDREN WITH DISABILITIES. Those children with disabilities, ages three through five, inclusive, determined eligible for special education services under existing federal and state laws, rules and regulations, and policies governing special education.

(2) SPECIAL EDUCATION SERVICES. Services relating to instruction of preschool children with disabilities.

(3) LOCAL EDUCATION AGENCY. A county or city school system in the State of Alabama.

(4) FREE APPROPRIATE PUBLIC EDUCATION. That program as defined by federal statute under Public Law 91-230, and all regulations and amendments thereto.

(Acts 1991, No. 91-474, p. 859, §3.)

Chapter 40 Instruction as to Certain Subjects

Article 1 General Provisions

§ 16-40-1 Physical Education Required; Exemption of Church Schools from Operation of This Section

Every public school and private school, except church schools as defined in Section 16-28-1, shall carry out a system of physical education, the character of which shall conform to the program or course outlined by the Department of Education.

(School Code 1927, §621; Code 1940, T. 52, §555; Acts 1982, No. 82-218, p. 260, §9.)

§ 16-40-1.1 Instruction Mandated in Parental Resposibility, Education and High School Diploma Importance, and Study Skills; New Required Courses Not Established

(a) Each local board of education shall require, in accordance with rules and regulations of the State Board of Education, that students in grades seven to 12, inclusive, receive instruction in parental responsibilities. The content of the instructional program shall be determined by the State Board of Education.

(b) Each local board of education shall require, in accordance with rules and regulations of the State Board of Education, that students in grades seven to 12, inclusive, receive instruction in the importance of an education and the consequences of not obtaining a high school diploma. The contents of the instructional program shall be determined by the State Board of Education. The instructional program shall offer information appropriate to each grade level and age and level of maturity of the student.

(c) Each local board of education shall require, in accordance with rules and regulations of the State Board of Education, that students in grades kindergarten to 12, inclusive, receive instruction regarding how to study. The content of the instructional program shall be determined by the State Board of Education. The instructional program shall offer information appropriate to each grade level and age and level of maturity of the student.

(d) This section does not establish new required courses. The instructional programs required by this section shall be included in existing required courses as determined by the State Board of Education.

(Acts 1993, No. 93-370, p. 632, §§1-4.)

§ 16-40-8 Cardiopulmonary Resuscitation

(a) Each local board of education that operates a public school with grades nine through 12 shall include instruction in both of the following as a requirement within existing health education courses:

(1) Techniques of cardiopulmonary resuscitation (CPR).

(2) Beginning with the 2024-2025 school year, the use of an automated external defibrillator (AED).

(b) The State Board of Education shall administer the CPR instruction program and be responsible for the training of personnel, and shall provide proper CPR training for teacher personnel.

(1) CPR training programs for instructors shall continue in order to provide for refresher courses and updates about new techniques and information, as determined by the board. Specific personnel within local school districts are required to receive training and be certified prior to providing classroom instruction.

(2) Teaching materials and training courses provided by the American Heart Association and similar organizations may be utilized.

(c) All individuals providing instruction in CPR shall be certified as CPR instructors by the American Heart Association or the American Red Cross.

(d)(1) Standards utilized in the instruction required by subsection (a) shall be those prescribed by the American Heart Association or the American Red Cross.

(2) Beginning with the 2024-2025 school year, the instruction required by subsection (a) shall include the psychomotor skills necessary to perform CPR and use an AED. For the purposes of this section, the term “psychomotor skills” means the use of hands-on practicing to support cognitive learning. This term does not include cognitive-only training.

(3) Nothing in this section shall be construed to require students to become certified in CPR or the use of an AED.

(e) The State Board of Education may adopt rules to implement this Section.

(Acts 1983, No. 83-510, p. 719, §§1-4; Act 2024-114, §2.)

§ 16-40-9 Instruction for Avoiding Child Sexual Abuse

(a)(1) The Legislature recognizes that Erin Merryn was raped and molested for six and a half years by a neighbor and a family member. She began a crusade her senior year of high school in 2004 to end the silence and shame around sexual abuse. Erin’s Law has been adopted in a number of states to help address the problem of child sexual abuse.

(2) The intent of Erin’s Law is to shatter the silence and stigma around child sexual abuse, and to educate children and empower them to recognize and to report abuse.

(3) The Legislature finds that without a specific initiative like Erin’s Law, schools generally fail to give young students adequate awareness and a voice in this issue.

(b) The Governor’s Task Force on Prevention of Sexual Abuse of Children created under subsection (c) shall adopt guidelines for a child sexual abuse prevention instructional program. The guidelines shall:

(1) Educate children in grades pre-kindergarten through 12 in public schools on child sexual abuse prevention through age appropriate curriculum through role plays, discussions, activities, and books.

(2) Give children the knowledge and encouragement to speak up and tell if anyone has ever touched them inappropriately, rather than keep it a secret.

(3) Educate children on safe touch, unsafe touch, safe secrets, and unsafe secrets, and how to get away from an abuser and report an incident immediately.

(c)(1) There is created the Governor’s Task Force on Prevention of Sexual Abuse of Children.

(2) Members of the task force shall include the following:

a. Eight members appointed by the Governor representing the eight regional school board districts and reflecting the racial, ethnic, gender, and age diversity of the state. The appointees shall be actively involved in the fields of child abuse and neglect prevention and child welfare.

b. One member appointed by the State Superintendent of Education.

c. One member appointed by the Commissioner of the Department of Human Resources.

d. One member appointed by the Executive Director of the Children’s Trust Fund.

e. The House Education Policy Committee Chair, or his or her designee.

f. The Senate Education and Youth Affairs Committee Chair, or his or her designee.

(3) The task force shall make recommendations for decreasing the incidence of sexual abuse of children in this state. In making recommendations, the task force shall do all of the following:

a. Gather information regarding sexual abuse of children throughout the state.

b. Receive related reports and testimony from individuals, state and local agencies, community-based organizations, and other public and private organizations.

c. Create goals for state education policy that would enhance the prevention of sexual abuse of children.

d. Create goals for other areas of state policy that would enhance the prevention of sexual abuse of children.

e. Submit a report with its recommendations to the Governor and the Legislature by December 31, 2015.

(4) Recommendations by the task force may include proposals for specific statutory changes and methods to foster cooperation among state agencies and between the state and local governments.

(5) At the call of the Governor, the task force shall convene its first meeting and by majority vote of the members present elect a chair and co-chair. Subsequent meetings shall be at the call of the chair.

(6) Members of the task force shall serve without compensation and shall not receive expense reimbursement.

(d) All K-12 public schools shall establish a child sexual abuse prevention instructional program for students in grades consistent with subsection (b). The content of instruction shall be at the discretion of the local board; provided that, at a minimum, the instruction shall include all of the following:

(1) Techniques to teach children to recognize child sexual abuse, equip them with skills to reduce their vulnerability, and encourage them to report the abuse.

(2) At least four sessions of instruction to reinforce the concepts learned in the program.

(3) Sessions conducted at least annually, building on skills learned in the previous years.

(4) Developmentally appropriate instruction for each grade level.

(5) Involvement of students as active learning participants, including discussions, modeling, and role playing.

(6) The capacity to be delivered by a wide range of personnel and professionals, including teachers, school counselors, and outside agency prevention educators; provided that the personnel and professionals should have a thorough knowledge of child sexual abuse, including how to respond appropriately to child sexual abuse disclosures.

(7) An evaluation component with measurable outcomes.

(8) Instruction that is culturally sensitive and adaptable for use within varying school contexts, including age, race, and special needs.

(9) An evidence-based curriculum, to the extent possible.

(10) A professional training component for administrators, teachers, and other school personnel on talking to students about child sexual abuse prevention, effects of child sexual abuse on children, handling of child sexual abuse disclosures, and mandated reporting.

(11) A component that encourages parental involvement within the child sexual abuse prevention program. This component shall inform parents about child sexual abuse topics, including characteristics of offenders, grooming behaviors, and how to discuss this topic with children.

(Act 2015-456, §§1, 2.)

§ 16-40-10 Completion of Required Government Course to Include Civics Test Component

(a) Beginning in the 2018-2019 school year, as a required component for completing the government course required in the high school course of study, a student shall correctly answer at least 60 of the 100 questions listed on a civics test, which shall be made available in multiple choice format. For the purposes of this section, civics test means the 100 questions that, as of February 1, 2017, officers of the United States Citizenship and Immigration Services use as the basis for selecting the questions posed on applications for naturalization. The civics test shall be completed as part of a required course in government. The school shall document on the transcript of the student that he or she has successfully completed the civics test as required by this subsection.

(b) The local board of education may determine the method and manner in which to administer the civics test to students. A student who does not obtain a passing score on the civics test may retake the test until he or she obtains a passing score.

(c) A special education student who is at least 18 years of age is not required to achieve a passing score on the civics test in order to graduate from high school unless he or she is learning at a level appropriate for his or her grade level in a specific academic area and unless a passing score on the civics test is specifically required in a specific academic area by the individualized education program of the student.

(d) The enforcement of this section shall comply with Section 16-1-11.1.

(e) The requirements of this section may be waived by the chief school administrator for good cause for any student in the graduating class. Having taken and failed the civics test two times and otherwise having a passing grade in the course in government shall be considered good cause.

(Act 2017-173, §1.)

§ 16-40-11 Instruction in Yoga

(a) Each local board of education may offer instruction in yoga to students in grades K-12, subject to the following:

(1) Instruction in yoga shall be an elective activity. Students shall have the option to opt out in favor of alternative activities, which shall be made available.

(2) Each local board of education may allow or disallow instruction in yoga and shall have the authority to allow or disallow instruction in yoga.

(3) All instruction in yoga shall be limited exclusively to poses, exercises, and stretching techniques.

(4) All poses shall be limited exclusively to sitting, standing, reclining, twisting, and balancing.

(5) All poses, exercises, and stretching techniques shall have exclusively English descriptive names.

(6) Chanting, mantras, mudras, use of mandalas, induction of hypnotic states, guided imagery, and namaste greetings shall be expressly prohibited.

(7) School personnel may not use any techniques that involve hypnosis, the induction of a dissociative mental state, guided imagery, meditation, or any aspect of Eastern philosophy and religious training in which meditation and contemplation are joined with physical exercises to facilitate the development of body-mind-spirit. For purposes of this subdivision, the following terms have the following meanings:

a. DISSOCIATIVE MENTAL STATE. A separation or isolation of mental processes in such a way that they become split off from the main personality or lose their normal thought-effect relationship whereby the boundary between the real and fantasy or illusion becomes blurred.

b. GUIDED IMAGERY. Visualization, visual imagery, guided imagery, or guided fantasy used as an induction or deepening technique of hypnosis or meditation involving communication or suggestion, describing a scene in which the subject is encouraged to experientially participate, normally following a progressive relaxation technique.

c. HYPNOSIS. A dissociative or altered state of consciousness, usually artificially induced, characterized by a heightened responsiveness to suggestions and commands, suspension of disbelief with lowering of critical judgment, and the potential of alteration of perceptions.

d. MEDITATION. An altered or dissociative state of consciousness, often synonymous with hypnosis, associated with or derived from mystical traditions of the East, sometimes referred to as transcendental meditation, normally induced by progressive relaxation, focusing on deep breaths and a mantra of a repeated word or phrase. Meditation does not refer to secular meditation which involves alert, reflective, and cognitive contemplation.

(b) The parent or legal guardian of a student who elects to participate in yoga instruction as provided in this section shall be provided with a written statement on school letterhead, to be signed and dated by the parent or legal guardian and returned to the school to be retained in the school file of the student. The statement shall read as follows:

“I am informed that my child (name of child) will participate in yoga instruction at the school named above. I understand that yoga is part of the Hinduism religion. I give my child permission to participate in yoga instruction in school.

“Signed: _______________________________

“Dated: ________________________________”

(Act 2021-475, §1.)

§ 16-40-12 Instruction in Personal Financial Literacy and Money Management

(a) Beginning with public school students entering ninth grade in the 2024-2025 school year, each student shall complete a course in personal financial literacy and money management before graduation from high school. This instruction shall include discussion of or instruction in all of the following:

(1) Types of bank accounts offered, opening and managing a bank account, and assessing the quality of services provided by a depository institution.

(2) Balancing a checking account.

(3) Basic principles of money management including, but not limited to, spending, credit, credit scores, and managing debt, including retail and credit card debt.

(4) Evaluating types of loans.

(5) Basic principles of personal insurance policies.

(6) Understanding percentages as relating to taxation.

(7) Computing interest rates by various mechanisms.

(8) Simple contracts.

(9) Types of savings and investments.

(b)(1) Before June 30, 2024, and in accordance with Section 16-35-4, the State Department of Education shall identify approved financial literacy courses that may fulfill one unit of academic credit for any mathematics course for high school graduation.

(2) No later than June 30, 2024, the State Department of Education shall create an examination that focuses on the standards of the approved financial literacy course. The examination shall be provided to local education agencies and shall be administered to each student upon completion of the approved financial literacy course. A summary of examination results, by local school system, shall be recorded and reported annually to the State Department of Education.

(c) The State Board of Education shall adopt rules as necessary to implement this section.

(Act 2023-179, §1.)

§ 16-40-13 Students Required to Complete a Social Media Safety Course Prior to Entering the Eighth Grade

(a) No later than July 1, 2025, the State Department of Education shall develop and approve an asynchronous, digitally delivered course that addresses the risks of using social media and how to use social media safely.

(b) At a minimum, the course shall include the following topics:

(1) The benefits of safely using age-appropriate social media platforms, including career and resume building for future academic or employment opportunities; sharing information with family and friends; and safely connecting with other users with similar interests.

(2) The risks of social media use, including its negative effects on mental health including addiction; the distribution of misinformation on social media; how social media manipulates behavior; and the permanency of sharing materials online.

(3) Safe practices for using social media including how to report suspicious behavior; how to identify cyberbullying, phishing and scam communications, predatory behavior, and human trafficking; and maintaining personal security and preventing oversharing of personal information.

(c) The State Department of Education shall make the course available online and each local board of education shall reasonably notify parents of its availability. Each local board of education shall deliver the course to all students prior to entering the eighth grade and shall make the course available to students in grades eight through 12 who transfer to the school district or who otherwise have not completed the course.

(d) The State Board of Education may adopt rules to implement this section.

(Act 2025-386, §6.)

§ 16-40-14 Success Sequence Curriculum

(a) For purposes of this section, the following terms have the following meanings:

(1) BOARD. The State Board of Education.

(2) SUCCESS SEQUENCE. A three-pronged framework for youths and young adults based on research from diverse institutions that individuals who complete at least a high school education, obtain full-time employment, and marry before having children are overwhelmingly less likely to live in poverty in adulthood.

(b) Commencing with the 2026-2027 school year, all students shall receive instruction in the success sequence at least twice before they graduate from high school.

(c) The board shall develop standards and a model curriculum to be adopted and implemented by local boards of education that describe the positive personal and societal outcomes associated with the success sequence. The curriculum may be presented in an age-appropriate manner through an assembly, a series of assemblies, or incorporated into existing curriculum, and shall incorporate evidence drawn from seminal academic studies on the success sequence including, but not limited to, the following:

(1) “Creating an Opportunity Society” by Ron Haskins and Isabel Sawhill of The Brookings Institution.

(2) “The Millennial Success Sequence” by Wendy Wang and W. Bradford Wilcox of the American Enterprise Institute and the Institute for Family Studies.

(3) “Assessing the Benefits of the Success Sequence for Economic Self-Sufficiency and Family Stability” by Hande Inanc, Ariella Spitzer, and Brian Goesling for the U.S. Department of Health and Human Services.

(d) The board, by rule, shall develop a process to recruit, select, and train instructors to administer the curriculum.

(e) The board shall adopt rules to implement and administer this section.

(Act 2025-411, §2.)

§ 16-40-15 Policy Requirements for Appropriate Use of Screen-Based Media in Kindergarten Classrooms

No later than the 2027-2028 school year, each local board of education shall adopt a screen time policy that provides guidance on the appropriate use of screen-based media in kindergarten classrooms. The policy shall:

(1) Meet the requirements of Article 4, Chapter 24 of Title 26, with respect to kindergarten classrooms;

(2) Require kindergarten teachers to annually complete the screen time training created pursuant to Section 26-24-64; and

(3) If a kindergarten teacher is not in compliance with this section, require the local school principal to first provide additional training for the noncompliant teacher. Continued noncompliance shall be considered a violation of the Alabama Educator Code of Ethics, and the principal may proceed with disciplinary action as adopted by the State Department of Education, including corrective action, with approval from the local superintendent of education.

(Act 2026-169, §3.)

§ 16-40-16 Instruction in Violence Prevention, Conflict Resolution, and Mediation

(a) Beginning with the 2027-2028 school year, each public school student shall complete a course or program in violence prevention, conflict resolution, and mediation before graduation from high school. The instruction shall be provided to students in grades six through twelve and shall include a discussion of or instruction in all of the following:

(1) Responsible decision-making.

(2) The causes and effects of school violence and harassment, cultural diversity, and nonviolent methods for resolving conflict, including peer mediation.

(3) The consequences of violent behavior.

(4) The causes of violent reactions to conflict.

(5) Nonviolent conflict resolution techniques.

(6) The relationship between drugs, alcohol, and violence.

(7) The implementation of voluntary peer mediation programs and the integration of conflict resolution models in classrooms.

(b) Before June 30, 2027, the State Department of Education shall prepare and make available to all local boards of education instructional materials, models, and curricula that may be used as guidelines for development of a violence prevention, conflict resolution, and mediation course or program. Each local board of education shall determine the appropriate curriculum for satisfying the requirements of this section. The State Department of Education shall assist in training teachers to provide effective instruction in violence prevention, conflict resolution, and mediation.

(c) The State Board of Education shall adopt rules as necessary to implement this section.

(Act 2026-611, §1.)

Article 2 Study of the Bible

§ 16-40-20 Elective Courses Authorized for Objective Study of the Bible and Religious History

(a) A public school may offer elective courses in the objective study of the Bible and religious history in grades six to 12, inclusive, as follows:

(1) A social studies course on the Hebrew Scriptures of the Old Testament of the Bible.

(2) A social studies course on the Greek Scriptures of the New Testament of the Bible.

(3) A social studies course on the Hebrew Scriptures of the Old Testament and the Greek Scriptures of the New Testament of the Bible.

(4) A social studies course in religious history.

(b) The State Board of Education shall adopt rules and policies necessary for implementing the requirements of this article, including a requirement that curriculum standards submitted by a public school or school district for approval of an elective study of the Bible course shall meet the academic rigor and curriculum standards of other elective courses approved by the board.

(Act 2019-508, §1.)

§ 16-40-21 Scope of Elective Courses; Display of Artifacts, Monuments, Symbols, and Texts

(a) Elective courses offered pursuant to this article shall be designed to do all of the following:

(1) Teach students about Bible characters, poetry, and narratives that are useful for understanding history and contemporary society and culture, including art, music, social mores, oration, and public policy.

(2) Familiarize students with the following:

a. The contents of the Bible and religious history.

b. The history of the Bible and religious history.

c. The literary style and structure of the Bible.

d. The influence of the Bible on law, history, government, literature, art, music, customs, morals, values, and cultures.

(b) A teacher of a course offered pursuant to this article shall comply with applicable law and all federal and state guidelines regarding maintaining religious neutrality and accommodating the diverse religious views, traditions, and perspectives of students in the school.

(c) A teacher of a course offered pursuant to this article may not endorse, favor, promote, disfavor, or show hostility toward any particular religion or nonreligious faith or religious perspective.

(d) The State Board of Education, in complying with this section, may not violate the United States Constitution, federal law, the Constitution of Alabama of 1901, state law, or any administrative rule or regulation of the United States Department of Education or the State Board of Education.

(e) A school principal may authorize the display of historic artifacts, monuments, symbols, and texts including, but not limited to, religious materials, if they are displayed in conjunction with a course of study that includes an elective course in history, civilization, ethics, comparative religion, literature, or other subject area that uses the artifacts, monuments, symbols, and texts as instructional material, as long as the display is appropriate to the overall educational purpose of the course and is displayed only throughout the duration of the course.

(f) The local board of education shall incur no liability and is immune from any liability exposure created by this article.

(Act 2019-508, §2.)

§ 16-40-22 Teachers May Decline to Teach Courses Under This Article

No teacher shall be required to teach any course under this article and, any provision of the law to the contrary notwithstanding, no teacher shall be subject to any retaliation for declining to teach such a course, including, but not limited to, non-renewal of contract, termination, transfer, reassignment, loss of extracurricular activity assignments, reassignment of planning period, or reduction of evaluation score.

(Act 2019-508, §3.)

§ 16-40-23 Duty of Attorney General

The Attorney General shall defend any litigation filed against any local board of education in the state or any officer, employee, or agent thereof based upon the board’s actions in implementing this article without cost to the local board of education. Should any local board of education be ordered to pay any fine, court cost, or attorneys’ fees following such litigation, the Legislature shall appropriate funds for that purpose separate and apart from any other budget allocation.

(Act 2019-508, §4.)

Article 3 State Seal of Biliteracy - Development and Award

§ 16-40-40 State Seal of Biliteracy - Development and Award

(a) The State Department of Education shall develop and award a State Seal of Biliteracy to those high school students who have demonstrated an indicated level of proficiency in English and at least one other world language, including American Sign Language. School district participation in the program is voluntary.

(b) The purposes of the State Seal of Biliteracy are as follows:

(1) To encourage students to study languages.

(2) To certify attainment of biliteracy.

(3) To provide employers with a method of identifying people proficient in language and biliteracy skills.

(4) To provide institutions of higher education with a method to recognize and give academic credit to applicants seeking admission.

(5) To prepare students with 21st Century skills.

(6) To recognize and promote world language instruction in public schools.

(7) To strengthen intergroup relationships, affirm the value of diversity, and honor the multiple cultures and languages of a community.

(Act 2022-200, §1.)

§ 16-40-41 State Seal of Biliteracy - Criteria

The State Seal of Biliteracy certifies attainment of an intermediate level of proficiency by a graduating student in English and at least one other world language, and certifies that the graduate meets all of the following criteria:

(1) Completion of the graduation requirements of the high school.

(2) English language proficiency: The student shall demonstrate proficiency in the English language, through one of the following approaches, or as provided by any future equivalent national normed benchmark approved as part of the program:

a. ACT English: A score of 18 or higher.

b. ACT reading: A score of 20 or higher.

c. Advanced Placement Language Examination: A score of three or higher.

d. International Baccalaureate Examination: A score of five or higher.

e. Wida Access 2.0: For non-native English speakers, the student shall meet and maintain Alabama exit criteria in English proficiency.

f. American Council of Teachers of Foreign Language Assessment of Performance toward Proficiency in Languages: For non-native English speakers, an intermediate Mid-3 or higher score in English.

(3) World language proficiency: The student shall demonstrate proficiency in one or more languages other than English through one of the following approaches:

a. If the language other than English may be assessed by a standardized examination, students shall attain the minimum score on one of the following assessments:

1. The Advanced Placement Language Examination: A score of three or higher.

2. American Council of Teachers of Foreign Language Assessment of Performance toward Proficiency in Languages: An Intermediate Mid-3 or higher score in all four components.

3. International Baccalaureate Examination: A score of four or higher.

4. Common European Framework of Reference: A score of level B1 or higher.

5. Standards-based Measurement of Proficiency: A score of intermediate-mid level or higher.

6. American Council of Teachers of Foreign Language Oral Proficiency Interview Writing Proficiency Test: A score of intermediate-mid level.

7. American Council of Teachers of Foreign Language Latin Interpretive Reading Assessment: A score of intermediate-mid level three or higher.

8. Sign Language: Sign Language Proficiency Interview, American Sign Language Proficiency Interview, or Assessment of Performance toward Proficiency in Languages: A score of intermediate plus on the Sign Language Proficiency Interview, level three on the American Sign Language Proficiency Interview, or score of intermediate Mid-3.

b. If the language other than English is not able to be assessed by a standardized examination, one of the following criteria shall be met:

1. The school district shall certify to the State Superintendent of Education that a school district language examination meets the rigor at the intermediate-mid level of language proficiency according to the guidelines of the American Council of Teachers of Foreign Languages. To that end, the assessment of a language other than English shall assess listening, speaking, reading, and writing at a level of intermediate-mid proficiency or higher. The assessment should be similar to the American Council of Teachers of Foreign Languages Oral Proficiency Interview Writing Proficiency Test and should require collaboration with community members who are native speakers or near native speakers in that language. This assessment should be similar to the process used in other states for assessing proficiency in tribal languages.

2. Notwithstanding subparagraph 1., a student who seeks to qualify for the State Seal of Biliteracy through a language that is not characterized by listening, speaking, reading, and writing, or for which there is no written system, shall pass an assessment on the modalities that characterize communication in that language at the corresponding intermediate proficient level or higher.

c. If neither paragraph a. nor paragraph b. are able to be implemented, or if new language assessments become available, one of the following approaches may be followed:

1. The State Superintendent of Education may provide a listing of equivalent language assessments that school districts may use.

2. A school district may provide the State Superintendent of Education with a list of equivalent language assessments that the school district proposes to use in place of those listed in this section. The State Superintendent of Education may use lists received from school districts in developing a state list of equivalent language assessments.

(Act 2022-200, §2.)

§ 16-40-42 Department Requirements

The State Department of Education shall do both of the following:

(1) Prepare and deliver to participating school districts an appropriate insignia to be affixed to the diploma or transcript of the student indicating that the student has been awarded a State Seal of Biliteracy by the State Department of Education.

(2) Provide other information the department deems necessary for school districts to successfully participate in the program.

(Act 2022-200, §3.)

§ 16-40-43 School District Requirements

A school district that participates in the program under this article shall do both of the following:

(1) Maintain appropriate records in order to identify students who have earned a State Seal of Biliteracy.

(2) Affix the appropriate insignia to the diploma and transcript of each student who earns a State Seal of Biliteracy.

(Act 2022-200, §4.)

§ 16-40-44 No Student Fee Required for Participation

It is the intent of the Legislature that no fee be charged to a student to participate in the State Seal of Biliteracy pursuant to this article.

(Act 2022-200, §5.)

Article 4

§ 16-40-60 Definitions

For the purposes of this article, the following terms have the following meanings:

(1) BOARD. The State Board of Education.

(2) DEPARTMENT. The State Department of Education.

(3) EDUCATOR PREPARATION PROGRAM. Any state-approved program that prepares an individual for certification as an elementary teacher, school leader, or other school personnel, including state-approved alternative teacher education preparation organizations.

(4) INSTRUCTIONAL MATERIALS. The core curricular programs and materials, intervention programs and materials, instructional programs, supplemental programs and materials, textbooks, texts, lessons, and sequence of planned experiences delivered to all students to achieve grade-level state standards.

(5) SCIENCE OF READING. The large body of evidence that informs how proficient reading and writing develop; why some students have difficulty; and how to most effectively assess and teach, therefore improving student outcomes through prevention of and intervention for reading difficulties.

(6) THREE-CUEING SYSTEM. Any model of teaching students to read based on meaning, structure and syntax, and visual cues, which may also be known as MSV.

(Act 2026-211, §2.)

§ 16-40-61 Requirements for Reading Instructional Strategies; Violations; Rulemaking Authority

(a) All reading instructional materials approved for use in Alabama schools, whether through the textbook law or a local textbook review process as provided in Chapter 36, the Alabama Literacy Act as provided in Chapter 6G, or other vetting or selection process, shall use structured literacy strategies for teaching word reading and phonics instruction for decoding and encoding. Instructional strategies may not employ the three-cueing system model of reading or visual memory as a basis for teaching word reading. The instruction may include visual information and strategies that improve background and experiential knowledge, add context, and increase oral language and vocabulary to support comprehension, but may not be used to teach word reading. This prohibition is specific to the teaching of foundational reading skills and should not be construed to impact the teaching of background knowledge and vocabulary as connected to the language comprehension side of Scarborough’s Reading Rope.

(b) Beginning with the 2026-2027 school year, if the board determines that a local board of education has violated subsection (a), the board shall notify the local board of education, the Legislature, and the public of that violation.

(c) The board shall adopt rules pursuant to this article to establish criteria for any materials used to prepare teacher candidates to teach reading, including course textbooks, for each educator preparation program. The rules shall require instructional strategies that are scientifically researched and evidence-based reading instructional strategies that improve reading performance for all students, including explicit, systematic, and sequential approaches to teaching oral language, phonemic awareness, phonics, vocabulary, fluency, text comprehension, writing that includes encoding, and multisensory strategies. Instructional strategies shall not include visual memory, in lieu of teaching decoding, for teaching word recognition, nor the three-cueing system model of reading. Beginning with the 2026-2027 school year, these requirements shall be included in the approval process for educator preparation programs. If the board determines that an educator preparation program has violated this section, the board shall notify the educator preparation program, the Legislature, and the public.

(Act 2026-211, §3.)

§ 16-40-62 Local Boards of Education Prohibited from Using Three-Cueing System; Public School Requirements

(a)(1) A local board of education shall not use instructional materials as defined in this article for students in any grade kindergarten through 12 which use either of the following:

a. The three-cueing system model of teaching students to read.

b. Visual memory for teaching word recognition.

(2) The instruction may include visual information and strategies that improve background knowledge and experiential knowledge, add context, and increase oral language and vocabulary to support comprehension, but may not be used to teach word recognition.

(b) Each public school shall do all of the following:

(1) Ensure that instructional materials used to teach students to read are high quality and based on literacy strategies that are scientifically researched with proven results in teaching phonological awareness, letter formation, phonics, decoding, fluency, vocabulary, and comprehension.

(2) Ensure that no instructional materials that employ the three-cueing system model of teaching students to read or visual memory for teaching word recognition are used in reading instruction.

(Act 2026-211, §4.)

Chapter 40A Responsible Sexual Behavior and Prevention of Illegal Drug Use

§ 16-40A-1 Legislative Findings; Purpose of Chapter

(a) The Legislature finds that:

(1) Pregnancy and childbirth among unmarried adolescents, particularly young adolescents, often results in severe adverse health, social, and economic consequences, including: a higher percentage of pregnancy and childbirth complications; a higher incidence of low birth weight babies; a higher frequency of developmental disabilities; higher infant mortality and morbidity; a decreased likelihood of completing school; a greater likelihood that an adolescent marriage will end in divorce; and higher risks of unemployment and welfare dependency.

(2) Drug and alcohol abuse diminish the strength and vitality of the young people of our nation and state; an increasing number of substances, both legal and illegal, are being abused by increasing numbers of school children, even at the grade school level; abuse of any substance causes human behavior that influences many forces, including school, family, church, community, media, and peer groups. Prevention and early intervention in such behavior requires cooperation and coordination involving strategies designed to respond to carefully defined problems in which the education system of the state can play an important role.

(b) The purposes of this chapter are:

(1) To find effective means, within the context of the school environment, of reaching adolescents before they become sexually active in order to maximize the guidance and support available to adolescents from teachers, parents, and other family members, and to promote self discipline and other prudent approaches to the problem of premarital sexual relations of adolescents, including adolescent pregnancy.

(2) To encourage the prevention of alcohol and drug abuse among children in the public schools; to stimulate the development of improved approaches to the prevention of alcohol and drug abuse; to demonstrate the use of such approaches in model educational programs and to evaluate the effectiveness thereof; to disseminate successful approaches and significant information for use in educational programs throughout the public schools; and to provide training programs for school administrators, teachers, and counselors.

(Acts 1992, No. 92-590, p. 1216, §1.)

§ 16-40A-2 Minimum Contents to Be Included in Sex Education Program or Curriculum

AMENDED BY ACT 2026-577, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Any program or curriculum in the public schools in Alabama that includes sex education or the human reproductive process shall, at a minimum, include and emphasize the following:

(1) Abstinence from sex is the only completely effective protection against unintended pregnancy, sexually transmitted diseases and infections, and human immunodeficiency virus (HIV) when transmitted sexually.

(2) Abstinence from sex outside of marriage is the expected social standard for unmarried school-age persons.

(b) Course materials and instruction that relate to sexual health education or sexually transmitted diseases and infections shall be age-appropriate and medically accurate.

(c) Course materials and instruction that relate to sexual health education or sexually transmitted diseases and infections, if available, shall include all of the following elements:

(1) An emphasis on sexual abstinence as the only completely reliable method of avoiding unintended teenage pregnancy and sexually transmitted diseases and infections.

(2) The emphasis shall be on the importance of delaying sexual activity and discouraging risky sexual behavior.

(3) Statistics based on the latest medical information that indicate the degree of reliability and unreliability of various forms of contraception, while also emphasizing the increase in protection against pregnancy and protection against sexually transmitted infections, including HIV infection, which is afforded by the use of various contraceptive measures.

(4) Information concerning the laws relating to the financial responsibilities associated with pregnancy, childbirth, and child rearing.

(5) Information concerning the laws prohibiting sexual abuse, the need to report such abuse, and the legal options available to victims of sexual abuse.

(6) Information on how to cope with and rebuff unwanted physical and verbal sexual exploitation by other persons.

(7) Psychologically sound methods of resisting unwanted peer pressure.

(8) Comprehensive instruction in parenting skills and responsibilities, including the responsibility to pay child support by non-custodial parents, the penalties for non-payment of child support, and the legal and ethical responsibilities of child care and child rearing.

(d) Parents or guardians shall be given advanced, written notification of the teaching of any sex education or of the human reproductive process. Upon request and prior to distribution to students, the school shall make available to parents or guardians the sex education curriculum.

(Acts 1992, No. 92-590, p. 1216, §2; Act 2021-293, §1.)

§ 16-40A-3 Minimum Contents to Be Included in Drug Education Program or Curriculum; Instruction Related to Fentanyl Prevention and Drug Poisoning Awareness

(a) Any program or curriculum in the public schools of this state that includes drug education or instructs on the use of drugs or alcohol, at a minimum, shall include all of the following:

(1) Age-appropriate, developmentally-based drug and alcohol education and prevention programs that address the legal, social, and health consequences of drug and alcohol use and that provide information about effective techniques for resisting peer pressure to use illicit drugs or alcohol for students in all grades of the public schools from early childhood level through grade 12.

(2) Information conveying to students that the use of illicit drugs and the unlawful possession and use of alcohol is wrong and harmful and is punishable by fines and imprisonment.

(3) Standards of conduct that are applicable to students and employees in all public schools and that, at a minimum, clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on school premises, or as part of any activities of the school.

(4) Research-based instruction related to fentanyl prevention and drug poisoning awareness pursuant to subsection (b).

(5) A clear statement that sanctions, consistent with local, state, and federal law, up to and including expulsion or termination of employment and referral for prosecution, will be imposed on students and employees who violate the standards of conduct required by subdivision (3). A description of those sanctions shall be included.

(b) Commencing with the 2024-2025 school year, each local education agency shall annually provide research-based instruction related to fentanyl prevention and drug poisoning awareness to students in grades six through 12 in a manner comparable to instruction provided for other drug and alcohol education and prevention programs.

(1) The instruction required by this subsection shall include all of the following:

a. Prevention of the abuse of and addiction to fentanyl.

b. Awareness of local school and community resources and any processes involved in accessing those resources.

c. Health education that includes information about substance use and abuse, including youth substance use and abuse.

(2) The instruction required by this subsection may be provided by an entity or an employee or agent of an entity selected by the local education agency that is:

a. A public or private institution of higher education.

b. A library.

c. A community service organization.

d. A religious organization.

e. A local public health agency.

f. An organization employing mental health professionals.

g. An employee of the local education agency.

(Acts 1992, No. 92-590, p. 1216, §3; Act 2024-221, §2.)

§ 16-40A-4 Illegal Conduct Not to Be Encouraged or Proposed to Public School Children

Conduct that is illegal under state or federal law, including but not limited to, illegal use or distribution of controlled substances, under-age alcohol use or distribution, sexual intercourse imposed by means of force, or sexual actions which are otherwise illegal, shall not be encouraged or proposed to public school children in such a manner as to indicate that they have a legitimate right to decide or choose illegal conduct.

(Acts 1992, No. 92-590, p. 1216, §4.)

§ 16-40A-5 Classroom Instruction Regarding Sexual Orientation or Gender Identity to Be Provided in a Manner That Is Age Appropriate or Developmentally Appropriate

(a) An individual or group of individuals providing classroom instruction to students in kindergarten through the fifth grade at a public K-12 school shall not engage in classroom discussion or provide classroom instruction regarding sexual orientation or gender identity in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards.

(b) The State Board of Education shall adopt rules for the implementation and enforcement of this section.

(Act 2022-290, §2.)

Chapter 41 Drug Abuse Education

§ 16-41-1 Short Title

This chapter shall be known and may be cited as “The Drug Abuse Education Act of 1971.”

(Acts 1971, No. 1934, p. 3122, §1.)

§ 16-41-2 “Drug” Defined

As used in this chapter, the term “drug” shall include barbiturates, central nervous system stimulants, hallucinogenics, and all other drugs to which the narcotic and drug abuse laws of the United States apply. It shall also include alcoholic and intoxicating liquor and beverages and tobacco.

(Acts 1971, No. 1934, p. 3122, §2.)

§ 16-41-3 Purpose; Legislative Intent

The purpose of this chapter is to insure the development of a comprehensive drug abuse education program for all children and youth in grades one through 12. It is the legislative intent that this program shall teach the adverse and dangerous effects on the human mind and body of drugs and that such instruction shall be intensive and that it shall be given immediate emphasis, beginning with the 1971-72 school year. It is further the intent of the Legislature that the voluntary services of persons from the professions of clergy, education, medicine, law enforcement, social services and such other professionally and occupationally qualified individuals as can make a contribution to this program be utilized in its implementation so that the highest possible degree of expertise may be brought to bear.

(Acts 1971, No. 1934, p. 3122, §3.)

§ 16-41-4 Administration of Chapter by State Superintendent of Education; Priorities for Implementation

(a) The State Superintendent of Education shall administer this chapter pursuant to regulations adopted by the State Board of Education. In administering this chapter, the superintendent shall seek and ask for advice and assistance from the medical association of the State of Alabama and take into consideration the advice of the Department of Public Health.

(b) Priorities for the implementation of this program shall include the following:

(1) The implementation of in-service education programs for teachers, administrators and other personnel. Special emphasis shall be placed on methods and materials necessary for the effective teaching of drug abuse education. In-service teacher education materials which are based on individual performance and designed for use with a minimum of supervision shall be developed and made available to all county and city school systems;

(2) Establishing resource centers located in various regions of the state for the purpose of assisting the Department of Education in coordinating drug abuse education activities in that region;

(3) Expanding degree programs for the preparation of drug education specialists. Special attention shall be given to performance based criteria and to the development and articulation of appropriate drug abuse education courses at junior colleges;

(4) Designing programs for the selection and training of school paraprofessional personnel and personnel of nonschool health or health related agencies; and

(5) Implementing the provisions of this chapter to insure that actual pupil instruction in drug abuse education will begin with the opening of the 1971-72 school year, as part of the curriculum of every elementary, junior and senior high school in this state.

(Acts 1971, No. 1934, p. 3122, §4.)

§ 16-41-5 Exclusion of Teacher or Administrator Employed by Nonpublic School from Participation in Institutes or Programs

No teacher or school administrator employed by a nonpublic school shall be excluded from participating in in-service teacher education institutes or curriculum development programs conducted pursuant to this chapter.

(Acts 1971, No. 1934, p. 3122, §5.)

§ 16-41-6 Exemption by Parents

Any child whose parent presents to the school principal a signed statement that the teaching of disease, its symptoms, development and treatment and the use of instructional aids and materials of such subjects conflict with the religious teachings of his church shall be exempt from such instruction, and no child so exempt shall be penalized by reason of such exemption.

(Acts 1971, No. 1934, p. 3122, §6.)

§ 16-41-7 Adoption of Regulations by State Board; Scheduling of Drug Abuse Education Courses

The state board shall adopt regulations to insure the teaching of drug abuse education to all pupils. Every county and city school system shall schedule drug abuse education courses as part of the curriculum of every school, K-12.

(Acts 1971, No. 1934, p. 3122, §7.)

§ 16-41-8 Teaching of Sex Education Not Authorized

Nothing in this chapter shall be construed to authorize or require the teaching of sex education in any form.

(Acts 1971, No. 1934, p. 3122, §8.)

§ 16-41-9 Combining of Funds from Various Sources

In implementing this chapter, every effort shall be made to combine funds appropriated for this purpose with funds available from all other sources, federal, state, local or private, in order to achieve maximum benefits for improving drug abuse education.

(Acts 1971, No. 1934, p. 3122, §9.)

§ 16-41-10 Report of Status of Program by State Superintendent of Education

The State Superintendent of Education shall, at least 30 days prior to the 1973 Regular Session and each regular session thereafter, transmit to the members of the state board, the President of the Senate, the Speaker of the House, the Chairman of the Senate and the Chairman of the House Education Committees a report as to the status of the drug abuse education program together with any recommendations for further improvement or modification.

(Acts 1971, No. 1934, p. 3122, §10.)

Chapter 41A Awareness and Prevention Programs

§ 16-41A-1 Vaping Awareness, Education, and Prevention Programs; Adoption of Policies

(a) On or before September 1, 2025, the State Board of Education shall adopt a model policy for the establishment of a vape awareness, education, and prevention program to prohibit the possession and use of prohibited tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products by students in public K-12 schools.

(b) On or before November 1, 2025, each local board of education shall adopt a policy that, at a minimum, contains the criteria established in the model policy adopted by the State Board of Education.

(c) The model policy adopted by the State Board of Education, at a minimum, shall contain all of the following:

(1) A statement prohibiting the possession or use of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products, as those terms are defined under Section 28-11-2, by any student at a public K-12 school, on a school bus, or at any school-sponsored function.

(2) A series of graduated consequences for any student who violates the policy by possessing or using tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products as prohibited by this section. Graduated consequences may include, but are not limited to: (i) Notification of the student’s parent or guardian; (ii) required participation in a vaping awareness, education, and prevention class; (iii) in-school suspension, out-of-school suspension, or alternative school; (iv) referral of the matter to the juvenile court for disposition pursuant to Section 28-11-13(d); or (v) any combination of the foregoing. Graduated consequences shall conform with applicable disability, antidiscrimination, and education laws and school discipline policies.

(3) A model complaint form and procedure for reporting violations of this section. An anonymous report may not be the basis of imposing formal disciplinary action against a student.

(4) A procedure for the prompt investigation of reports of serious violations and complaints, specifying that the principal, assistant principal, or school resource officer is the individual responsible for the investigation.

(5) A response procedure for a school to follow upon confirmation of the possession or use of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products as prohibited by this section.

(6) A procedure for publicizing local school board policy through publication in the student handbook, including providing notice that the policy applies to behavior occurring on school property, school buses, and at school-sponsored functions.

(7) A statement prohibiting the use of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products, as those terms are defined under Section 28-11-2, by any teacher, administrator, or other school employee on the campus of any public K-12 school.

(d) The State Department of Education shall coordinate with the Drug Education Council to develop a vaping awareness, education, and prevention class based on curriculum established by the Drug Education Council. The content of the class shall be approved by the State Board of Education. The department shall make the curriculum available to each local board of education through the local superintendent of education.

(e) The policy adopted by each local board of education shall be included in the code of conduct policy of the local board of education and included in the student handbook.

(Act 2025-403, §3)

Chapter 42 Historical Research

§ 16-42-1 Counties and Cities Authorized to Undertake Research into History of State

The county commissions and the governing bodies of all municipalities in the State of Alabama are hereby authorized and empowered to promote education by undertaking research into the history of the State of Alabama, its several counties and municipalities, its coastline and boundaries and the territory included therein, its geological deposits, agricultural and marine data, its rivers, streams and harbors, its history from the earliest times and especially during the colonial period, A.D. 1519 to A.D. 1815, and such general historical data and information, and to effect the completion of translations of such data and information where such old official records are in foreign languages, and to effect the publication of these records for the free distribution to public libraries, school libraries and to the college and university libraries within the State of Alabama and for the further diffusion of knowledge in reference to the history and resources of the State of Alabama and its several counties and municipalities and the encouragement in general of historical work and research in all colonial records of the State of Alabama.

(Acts 1959, No. 597, p. 1485, §1.)

§ 16-42-2 Use of County and Municipal Funds

To carry out the authority vested in the county commissions and the governing bodies of the municipalities by the provisions of Section 16-42-1, the county governing bodies and the governing bodies of the municipalities of the state are hereby authorized and empowered to set aside, appropriate and use county funds and municipal funds for this purpose.

(Acts 1959, No. 597, p. 1485, §2.)

§ 16-42-3 Contracts Between Counties or Cities and Historical Corporations, Etc., Authorized

To carry out the provisions of this chapter, all county governing bodies and the governing bodies of all municipalities are hereby authorized to enter into contracts with historical corporations, foundations or associations which are duly incorporated within this state.

(Acts 1959, No. 597, p. 1485, §3.)

Chapter 43 United States Flag and State Flag

§ 16-43-1 Display of Flags

(a) Each school and educational institution located in this state, that is supported in whole or in part by public funds, shall display the United States Flag and the Alabama State Flag at all times when the school or educational institution is in session in accordance with appropriate flag display protocol. Both the United States Flag and the Alabama State Flag shall be displayed on a flag pole or flag poles located in front of the main building of the educational institution.

(b) Each local board of education building located in this state and each administrative building associated with an educational institution located in this state, that is supported in whole or in part by public funds, shall prominently display the Alabama State Flag at all times that the United States Flag is flown. The flags shall be flown in accordance with appropriate flag display protocol, on a flag pole or flag poles located near the main entrance of each building.

(c) Any municipality with a population of 1,000 or less, according to the most recent federal decennial census, shall be exempt from this section and Section 16-43-4 unless other flags are being flown in the municipality by the municipality.

(School Code 1927, p. 629, §615; Code 1940, T. 52, p. 629, §549; Act 2001-472, p. 629, p. 629, §4.)

§ 16-43-2 Teacher’s Report on Display

[Repealed]

Repealed by Act 2001-472, p. 629, § 10, effective August 1, 2001.

(School Code 1927, §616; Code 1940, T. 52, §550.)

§ 16-43-3 Teachers Not Displaying Flag Not Allowed Public Funds

[Repealed]

Repealed by Act 2001-472, p. 629, § 10, effective August 1, 2001.

(School Code 1927, §617; Code 1940, T. 52, §551.)

§ 16-43-4 Purchase of Flags

Unless otherwise acquired pursuant to gift, donation, or other means, the flags and flag poles required by this chapter shall be purchased within three years after August 1, 2001, by either the local board of education or the respective educational institution.

(School Code 1927, p. 629, §618; Code 1940, T. 52, p. 629, §552, Act 2001-472, p. 629, p. 629, §4.)

§ 16-43-5 Pledge of Allegiance to Be Conducted at the Beginning of Each School Day

The pledge of allegiance to the United States flag shall be conducted at the beginning of each school day and all students attending public kindergarten, primary, and secondary schools shall be given the opportunity each school day to voluntarily recite the pledge of allegiance to the United States flag. A student who refuses to recite the pledge of allegiance may not be punished or penalized for that refusal.

(Acts 1976, No. 360, p. 425; Act 2019-241, §1.)

Chapter 43A

§ 16-43A-1 Legislative Findings

The Legislature finds and declares all of the following:

(1) The Ten Commandments are a key part of the Judeo-Christian religious and moral tradition that shaped Western Civilization and ultimately the founding of the United States. In particular, because they include what John Quincy Adams described as both “civil and municipal” provisions as well as “moral and religious” provisions, the Ten Commandments have historical significance as one of the foundations of our legal system. Teaching students about the Ten Commandments promotes historical understanding and helps to foster a common cultural heritage and awareness.

(2) Documents created to shape civil society during the founding era of this nation include direct and indirect references to God and religion. These documents include the following:

a. The Mayflower Compact of 1620, America’s first written constitution, was a covenant made among the pilgrims with “Almighty God” to “form a civil body politic.” The Mayflower Compact was the first purely American document of self-government and affirmed the link between civil society and God.

b. The Declaration of Independence (1776) described all men as being “created equal” and “endowed by their Creator with certain unalienable Rights.”

c. The United States Constitution (1787) stated in its preamble that one of its purposes was to secure “the Blessings of Liberty to ourselves and our Posterity” and closed with a reference to the date of execution as the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and eighty-seven.

d. The Northwest Ordinance of 1787 provided a method of admitting new states to the Union from territories as the country expanded westward. The Northwest Ordinance “extended the fundamental principles of civil and religious liberty” to the territories and stated that ”[r]eligion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.”

(3) References to God and religion in public documents and other public contexts did not end at the founding but rather have occurred throughout our nation’s history without any serious claim that such references violate the Establishment Clause. Examples include displays associated with the Ten Commandments in the Supreme Court of the United States, the Library of Congress, the Ronald Reagan International Trade Building, and the National Archives. Public references to God have occurred repeatedly over the nation’s history. No outcry followed Abraham Lincoln’s reference to God in his Gettysburg Address in 1863. Our coinage has born the phrase, “IN GOD WE TRUST,” since 1865. Prayers have opened our legislative sessions for hundreds of years. In 1932, Congress adopted our National Anthem and included in the last verse, “In God is our trust.” In 1952, Congress proclaimed a “National Day of Prayer.” In 1954, Congress added “under God” to the Pledge of Allegiance. The display of the Ten Commandments as provided in this chapter, with an appropriate context statement and integrated with the approved public school social studies curriculum, is consistent with these historical practices and understandings and, at a minimum, furthers the same interests as the interests served by these historical practices and understandings.

(4) The 2024 social studies curriculum approved by the Alabama State Board of Education (Alabama Course of Study: Social Studies) provides: “Social studies education in Alabama aims to prepare students to become knowledgeable, engaged, and responsible citizens in society. Social studies reflects the achievements, struggles, interactions, and endeavors that have characterized human society as it has changed over time and place to shape the world today. The disciplines of social studies include, but are not limited to: Anthropology, Archaeology, Civics, Economics, Geography, Government, History, Philosophy, Psychology, Religion, and Sociology.” Display of the Ten Commandments with an appropriate context statement is essential to the fulfillment of the mandate of the State Board of Education in the education of students in the areas of Civics, Government, History, Philosophy, Religion, and Sociology.

(5) Two generations of Alabama students have attended public schools in an era governed by the now-abandoned test articulated in Lemon v. Kurtzman, 403 U.S. 602 (1971), for compliance with the Establishment Clause of the United States Constitution. Assuring restoration to the classroom of historical truths surrounding the founding of our nation, including those truths that “partake of the religious,” Kennedy v. Bremerton, 597 U.S. 507, 535 (2022), is vital to remedying the legal error of Lemon v. Kurtzman and to securing a complete education of our students.

(6) Due to reliance on misinterpretations about the meaning of the Establishment Clause or due to their own personal policy preferences, a significant number of Alabama teachers are unlikely to expose public school students to these historical truths if left with any discretion about how or whether to present these truths. Posting these historical truths in classrooms and school common areas is thus an essential means of accomplishing the state’s educational objectives in teaching students about the historical and cultural significance of the Ten Commandments on the development of the United States, as is apparent from accompanying founding-era documents.

(7) Including in the posting a reference to the state’s establishment clause and a recognition that “personal choice about matters of faith are left to students and their families” will further the state’s interests in avoiding the establishment or religion or interfering with the free exercise of religion. Such disclaimers will also serve the state’s educational objectives because they will make it more likely that classroom teachers will become comfortable discussing the historical truths that are included in the poster.

(8) This act does not create an unfunded mandate on any public school governing authority. Local boards of education are encouraged to use documents that are printed and made available to the schools free of charge.

(Act 2026-428, §1.)

§ 16-43A-2 Display of Ten Commandments and America’s Founding Documents; Funding of Displays

(a) Beginning January 1, 2027, and subject to the availability of donated funds or donated displays pursuant to subsection (c) as determined by the State Superintendent of Education, each local board of education shall display a poster or framed document that meets the requirements of subsection (b) in each of the following locations:

(1) Every fifth through twelfth grade classroom where United States history is routinely taught according to the Alabama Course of Study.

(2) An entry way or other common area, such as the cafeteria or school library, in every school within the jurisdiction of the local board of education, except that this subdivision shall not apply to any school that serves students in kindergarten through fourth grade.

(b) The poster or framed document required by subsection (a) shall meet each of the following requirements:

(1) The poster or framed document shall be at least 11 inches by 14 inches in size.

(2) The layout and design of the poster or framed document shall be approved by the State Superintendent of Education.

(3) The poster or framed document shall contain the following content:

Historical Truths: The Ten Commandments and America’s Founding Documents

The Ten Commandments are a key part of the Judeo-Christian religious and moral tradition that shaped Western Civilization and ultimately the founding of the United States. There are many versions of the Ten Commandments. The one that follows is a common translation but not the only translation.

You shall not have other gods before me

You shall not make idols

You shall not take the name of the Lord your God in vain

Remember the Sabbath day, to keep it holy

Honor your father and your mother

You shall not murder

You shall not commit adultery

You shall not steal

You shall not bear false witness against your neighbor

You shall not covet

In 1813, future U.S. President John Quincy Adams wrote in a letter to his son that, “The Law given from Sinai” – in other words, the Ten Commandments – “was a civil and municipal as well as a moral and religious Code.” He noted that many of its provisions “were of universal applications – Laws essential to the existence of men in Society, and most of which have been enacted by every Nation which ever possessed any Code of Law.”

The Alabama Constitution provides that “no religion shall be established by law,” and the State of Alabama specifically respects the rights of its public school students to be free from state-established religion. Recognizing that personal choice about matters of faith are left to students and their families, the purpose of this poster is simply to acknowledge the historical role of the Ten Commandments, and the broader Judeo-Christian tradition, in shaping American civil society.

The Mayflower Compact of 1620, America’s first written constitution, contained a “covenant with ‘Almighty God’” by pilgrims to America to “form a civil body politic.”

The Northwest Ordinance of 1787 “extended the fundamental principles of civil and religious liberty” to the western territories becoming states and provided that ”[r]eligion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.”

The Declaration of Independence (1776) described all men as being “created equal” and acknowledged that they are “endowed by their Creator with certain unalienable Rights.”

The United States Constitution (1787) in its preamble stated one of its purposes to be securing “the Blessings of Liberty to ourselves and our Posterity.”

From this tradition emerged the one nation under God that we have inherited today.

(c) This section may not be construed to require a local board of education to spend its funds to purchase the displays required by this section. To fund the displays free of charge, a local board of education may accept donated funds to purchase the displays or may accept donated displays.

(d) The State Department of Education shall identify appropriate resources for local boards of education to comply with this section free of charge. Once identified, the department shall list the free resources on the department’s website.

(e) The State Board of Education may adopt rules to implement this section.

(Act 2026-428, §2.)

Chapter 44 Compact for Education

§ 16-44-1 Governor Authorized to Enter into Compact; Form of Compact

The Governor of the State of Alabama is hereby authorized to enter into the compact for education in the form substantially as follows:

COMPACT FOR EDUCATION Article I. Purpose and Policy.

A. It is the purpose of this compact to:

1. Establish and maintain close cooperation and understanding among executive, legislative, professional education and lay leadership on a nationwide basis at the state and local levels.

2. Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education.

3. Provide a clearinghouse of information on matters relating to educational problems and how they are being met in different places throughout the nation.

4. Facilitate the improvement of state and local educational systems.

B. It is the policy of this compact to encourage and promote local and state initiative in the development, maintenance, improvement and administration of educational systems and institutions.

C. The party states recognize that each of them has an interest in the quality and quantity of education furnished in each of the other states, as well as in the excellence of its own educational systems and institutions.

Article II. State Defined.

As used in this compact, “state” means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

Article III. The Commission.

A. The Education Commission of the States, hereinafter called “the commission,” is hereby established. The commission shall consist of seven members representing each party state. One of such members shall be the governor; two shall be members of the state legislature selected by its respective houses and serving in such manner as the legislature may determine; and four shall be appointed by and serve at the pleasure of the governor. The guiding principle for the composition of the membership on the commission from each party state shall be that the members representing such state shall, by virtue of their training, experience, knowledge or affiliations, be in a position collectively to reflect broadly the interests of the state government, higher education, the state education system, local education, lay and professional, public and nonpublic educational leadership. Of those appointees, one shall be the head of a state agency or institution, designated by the governor, having responsibility for one or more programs of public education. In addition to the members of the commission representing the party states, there may be not to exceed ten nonvoting commissioners selected by the steering committee for terms of one year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration.

B. The members of the commission shall be entitled to one vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission shall be only at a meeting at which a majority of the commissioners are present. The commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to Article IV and adoption of the annual report pursuant to Article III J.

C. The commission shall have a seal.

D. The commission shall elect annually, from among its members, a chairman, who shall be a governor, a vice-chairman and a treasurer. The commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the commission, and together with the treasurer and such other personnel as the commission may deem appropriate shall be bonded in such amount as the commission shall determine, the executive director shall be secretary.

E. Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director subject to the approval of the steering committee shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the commission, and shall fix the duties and compensation of such personnel. The commission in its bylaws shall provide for the personnel policies and programs of the commission.

F. The commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions.

G. The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the commission pursuant to this paragraph or services borrowed pursuant to paragraph F of this article shall be reported in the annual report of the commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender.

H. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.

I. The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.

J. The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year. The commission may make such additional reports as it may deem desirable.

Article IV. Powers.

In addition to authority conferred on the commission by other provisions of the compact, the commission shall have authority to:

1. Collect, correlate, analyze and interpret information and data concerning educational needs and resources.

2. Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration, and instructional methods and standards employed or suitable for employment in public educational systems.

3. Develop proposals for adequate financing of education as a whole and at each of its many levels.

4. Conduct or participate in research of the types referred to in this article in any instance where the commission finds that such research is necessary for the advancement of the purposes and policies of this compact, utilizing fully the resources of national associations, regional compact organizations for higher education, and other agencies and institutions, both public and private.

5. Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officials.

6. Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this compact.

Article V. Cooperation With Federal Government.

A. If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the commission by not to exceed ten representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, and may be drawn from any one or more branches of the federal government, but no such representative shall have a vote on the commission.

B. The commission may provide information and make recommendations to any executive or legislative agency or officer of the federal government concerning the common educational policies of the states, and may advise with any such agencies or officers concerning any matter of mutual interest.

Article VI. Committees.

A. To assist in the expeditious conduct of its business when the full commission is not meeting, the commission shall elect a steering committee of thirty-two members which, subject to the provisions of this compact and consistent with the policies of the commission, shall be constituted and function as provided in the bylaws of the commission. One fourth of the voting membership of the steering committee shall consist of governors, one fourth shall consist of legislators, and the remainder shall consist of other members of the commission. A federal representative on the commission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of two years, except that members elected to the first steering committee of the commission shall be elected as follows: sixteen for one year and sixteen for two years. The chairman, vice-chairman, and treasurer of the commission shall be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than two terms as a member of the steering committee; provided that service for a partial term of one year or less shall not be counted toward the two-term limitation.

B. The commission may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the states concerned, be established to consider any matter of special concern to two or more of the party states.

C. The commission may establish such additional committees as its bylaws may provide.

Article VII. Finance.

A. The commission shall advise the governor or designated officer or officers of each party state of its budget and estimated expenditures for such period as may be required by the laws of that party state. Each of the commission’s budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.

B. The total amount of appropriation requests under any budget shall be apportioned among the party states. In making such apportionment, the commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party states.

C. The commission shall not pledge the credit of any party states. The commission may meet any of its obligations in whole or in part with funds available to it pursuant to Article III G of this compact, provided that the commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it pursuant to Article III G thereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.

D. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the commission.

E. The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.

F. Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

Article VIII. Eligible Parties; Entry Into and Withdrawal.

A. This compact shall have as eligible parties all states, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. In respect of any such jurisdiction, not having a governor, the term “governor,” as used in this compact, shall mean the closest equivalent official of such jurisdiction.

B. Any state or other eligible jurisdiction may enter into this compact and it shall become binding thereon when it has adopted the same: Provided that in order to enter into initial effect, adoption by at least ten eligible party jurisdictions shall be required.

C. Adoption of the compact may be either by enactment thereof or by adherence thereto by the governor; provided that in the absence of enactment, adherence by the governor shall be sufficient to make his state a party only until December 31, 1967. During any period when a state is participating in this compact through gubernatorial action, the governor shall appoint those persons who, in addition to himself, shall serve as the members of the commission from his state, and shall provide to the commission an equitable share of the financial support of the commission from any source available to him.

D. Except for a withdrawal effective on December 31, 1967, in accordance with paragraph C of this article, any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

Article IX. Construction and Severability.

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters.

(Acts 1969, No. 1143, p. 2137, §1.)

§ 16-44-2 Alabama Education Council

There is hereby established the Alabama Education Council composed of the members of the Education Commission of the States representing the State of Alabama, appointed by the Governor and to serve at the pleasure of the Governor. The Governor shall be chairman of said council. The council shall meet on the call of its chairman or at the request of the majority of its members. The council may consider any and all matters relating to education of the states and the activities of the members in representing the State of Alabama.

(Acts 1969, No. 1143, p. 2137, §2.)

§ 16-44-3 Bylaws of Commission and Amendments Thereto to Be Filed with Secretary of State

Pursuant to Article III, Paragraph I of the compact, the commission shall file a copy of its bylaws and any amendment thereto with the Secretary of State.

(Acts 1969, No. 1143, p. 2137, §3.)

Chapter 44A Alabama Compact for Leadership and Citizenship Education

Article 1 General Provisions

§ 16-44A-1 Legislative Intent

(a) The Legislature finds that the 1986 and 1992 Commissions on the Future of the South, under the auspices of the Southern Growth Policies Board, called for youth and community leadership development and support as critical to southern economic development and progress. The Legislature further finds that citizenship and leadership programs are vital to the well-being of our American system of self-government, and to the civic well-being, economic development, and quality of life in Alabama, the South, and the nation.

(b) It is the intent of the Legislature to work to achieve these southern leadership goals by creating a voluntary compact of public, non-profit, and private sectors to enhance and expand leadership and citizenship education in Alabama.

(Acts 1994, No. 94-482, p. 799, §1.)

§ 16-44A-2 Authorization, Enactment, and Adoption of the Alabama Compact for Leadership and Citizenship Education; Purpose, Intent, and Member Parties to the Compact

The following compact, to be known as the Alabama Compact for Leadership and Citizenship Education, is hereby expressly authorized, enacted, and adopted:

(1) The purpose of this compact is to promote realization of the leadership development goals of the 1986 and 1992 Commissions on the Future of the South by cooperative efforts to enhance and expand leadership and citizenship education in Alabama.

(2) It is the intent of this compact that membership, programs, operations, and services of the compact should be inclusive and reflect the racial, geographic, urban/rural, and economic diversity of the state.

(3) Member parties to the compact shall be any organization, agency, or institution of the public, non-profit, or private sector which voluntarily chooses to subscribe to the purposes of the compact.

Ex officio members shall include: the Governor of Alabama, the Presiding Officer of the Senate, the Speaker of the House of Representatives, the members of the Legislature of Alabama, the State Superintendent of Education, the Alabama member representatives to the Southern Growth Policies Board, and the individuals elected as compact officers and members of the board of directors.

(4) Membership in the compact is voluntary, and any member may withdraw from membership at any time. Members may choose to participate or not to participate in any programs of the compact, and membership shall in no way restrict, diminish, impinge upon, create obligations of, or limit the autonomy of the respective compact members.

(Acts 1994, No. 94-482, p. 799, §2.)

§ 16-44A-3 Frequency and Purpose of Membership Meetings

(a) The compact membership shall meet annually for the purpose of transacting the following business:

(1) Hear reports and make recommendations to the board of directors regarding the compact and its progress in meeting its purposes.

(2) Set annual membership dues, and create additional associate, non-voting membership categories.

(3) Elect officers and a board of directors.

(4) Adopt necessary bylaws consistent with this article.

(5) Adopt modifications to this compact, which shall become effective only by consent of the Legislature by joint resolution.

(b) The first annual compact membership meeting for the transaction of the above business shall be held on Constitution Day, September 17, 1994, and annually thereafter on a date fixed by the compact membership. Special meetings of the compact may be called by the board of directors with notice as provided in the bylaws. A quorum shall consist of a majority of the member parties of the compact.

(Acts 1994, No. 94-482, p. 799, §3.)

§ 16-44A-4 Voting

Each member party shall be entitled to one vote. The chief executive officer of the member party, by whatever title or in whatever manner defined by the institutional member, shall be the official voting delegate. If the delegate is unable to represent the member at any membership meeting, the delegate may designate in writing an alternate voting delegate. Each ex officio member shall have one vote.

(Acts 1994, No. 94-482, p. 799, §4.)

§ 16-44A-5 Non-profit Public Corporation

This voluntary educational compact shall be deemed and constitute a non-profit public corporation in Alabama, and none of the net proceeds of funds shall inure to the benefit of any individual.

(Acts 1994, No. 94-482, p. 799, §5.)

§ 16-44A-6 Board of Directors; Election, Composition, Term

The board of directors shall be elected at the annual membership meeting, and shall take office immediately upon its adjournment. The board of directors shall consist of 21 citizens, elected by the compact membership as follows: three classes of seven members each, initially elected for terms of one, two, and three years respectively, and thereafter elected for terms of three years each. Vacancies shall be filled by written, mail ballot of the membership. At least five of the members elected shall be black. No member shall be eligible to serve more than two three-year terms consecutively.

(Acts 1994, No. 94-482, p. 799, §6.)

§ 16-44A-7 Representation of the Board of Directors Members; Meetings of Board

(a) Board members shall be chosen to represent each of the following segments or areas:

(1) Executive and Legislative Branches of state government, in the fields of education, finance, taxation, and ways and means, local government, or economic development.

(2) K-12 education, in some of the following fields: teaching, administration or supervision, curriculum, or governance.

(3) Higher education.

(4) Community leadership education.

(5) Youth leadership and citizenship education.

(6) Economic development.

(7) Local government.

(8) Community, civic, philanthropic, and other non-profit organizations.

(9) Historical, patriotic, veterans, and cultural organizations.

(10) The law, which may include the Judicial Branch.

(11) Business.

(12) Professional, labor, and trade.

(13) Any other areas of interest which are deemed to complement and augment the work of the compact.

(b) The board shall meet annually immediately following the annual compact membership meeting. It shall adopt bylaws providing for its quorum, organization, and other regular or special meetings.

(Acts 1994, No. 94-482, p. 799, §7.)

§ 16-44A-8 Governor of Alabama as Ex Officio President; Election of Chair and Vice-Chair

(a) The Governor of Alabama shall be the ex officio president of the compact, and preside at the annual and special compact membership meetings.

(b) The compact shall annually elect board members as chair and vice-chair of the board, for terms of one year respectively. No person shall serve more than three years consecutively in the same office. The chair of the board shall preside at meetings of the board of directors, and shall also serve as president pro tempore of the compact, and shall preside at compact membership meetings in the absence of the Governor. The compact may provide for any other officers by its bylaws.

(Acts 1994, No. 94-482, p. 799, §8.)

§ 16-44A-9 Authority, Duties, and Responsibilities of Executive Director; Board of Directors as Nominating Committee

(a) The executive director shall be the ex officio, non-voting secretary of the compact and of the board, and shall keep all records and minutes, and shall have authority and responsibility for the administrative functions and duties of the compact and of the board.

(b) The board of directors shall serve as a nominating committee to nominate individuals for the officers and members of the board of directors. Additional nominations may be made from the floor at the annual compact membership meeting.

(Acts 1994, No. 94-482, p. 799, §9.)

§ 16-44A-10 Membership and Fiscal Year; Dues

The membership and fiscal year shall begin on October 1 annually and end on the following September 30. Dues shall be set as provided in Section 16-44A-14.

(Acts 1994, No. 94-482, p. 799, §10.)

§ 16-44A-11 Creation of Advisory Committees; Purpose and Composition

Advisory committees shall be created to make recommendations regarding strategies to meet the purposes of the compact. Committees shall include compact members, potential users of services, school teachers, educators, K-12 and postsecondary/higher education representatives, community and youth leadership organizations, student organizations, the State Department of Education, state and local governments, economic and community development entities, business, historical and patriotic organizations, and others.

(Acts 1994, No. 94-482, p. 799, §11.)

§ 16-44A-12 Adoption of Plan of Educational Work Which Furthers Purposes of Compact; Plan Objectives; Programs and Activities Under Plan

(a) The board of directors shall consider recommendations of advisory committees and may hold hearings, review, revise, and adopt a plan of educational work which furthers the purposes of the compact and the leadership goals of the Commission on the Future of the South and which are designed to complement or augment, but not duplicate, existing programs and services offered in service areas by individual compact members or other non-profit entities.

(b) The plan shall focus on meeting three objectives:

(1) Increasing leadership and citizenship programs for youth.

(2) Extending community and other leadership programs to rural and under-served areas.

(3) Serve as a network and resource to enhance communications and idea and information exchange among community and youth leadership programs and other interested parties.

(c) Pursuant to the plan the compact shall provide programs itself and support for programs offered by others, all of which enhance leadership and citizenship education in Alabama.

(d) Under the plan the compact may: Develop supplementary instructional materials and make them available to schools and non-profit educational entities; serve as a resource, reference, and referral center; provide a demonstration classroom, exhibition, and education facility/program; encourage and enter into voluntary cooperative agreements with and among agencies and institutions to encourage cooperation and collaboration in high quality leadership and citizenship programs and experiences; affiliate with entities engaged in similar purposes in other states which are in the Southern Growth Policies Board region in a voluntary compact, subject to adoption by joint legislative resolution, and to domicile and administer the same; and provide technical, educational, or other support and assistance and make available facilities, where available and practicable, to and where requested by compact entities, for the support of community and youth leadership educational programs.

(Acts 1994, No. 94-482, p. 799, §12.)

§ 16-44A-13 Programs and Experiences Encouraged and Supported by Compact

The compact shall encourage, support, and provide high quality educational programs, learning, and service experiences related to the history and diverse cultures of the United States and the State of Alabama, and especially American citizenship, its origins and development, and the positive role models, attributes, and contributions of leaders in the progress of the nation, the American South, Alabama, and its communities; and the application of knowledge and skills important in leadership and citizenship in a free and self-governing society. Its program shall provide a resource of information to support existing leaders, and better equip a new generation of leaders with broad understanding and appreciation of our American system of government and ways in which to make positive differences in the quality of life in Alabama communities.

(Acts 1994, No. 94-482, p. 799, §13.)

§ 16-44A-14 Powers of Board of Directors

In furtherance of the purposes of the compact, the board of directors may do the following:

(1) Accept donations of funds or land, bequests, grants, appropriations, loans, membership fees, or other forms of financial assistance for educational and other purposes in furtherance of this article, from any federal entity, from the state, its agencies and subdivisions, or any local public entity which are hereby authorized to grant any of the foregoing forms of assistance, or from any private person, or other agency, and to comply with rules and regulations concerning grants by the federal government or other grantors, which are not in contravention of the constitution and laws of this state or the United States.

(2) Enjoy and exercise any powers and duties, not inconsistent with this chapter, which are authorized to non-profit organizations under Title 10.

(3) Engage the services, by employment or otherwise, of a full-time or part-time executive director, who shall be the chief administrative officer, and fix the term and make provisions for compensation and any allowances and benefits as the board may provide. The executive director shall perform the duties of secretary as enumerated in Section 16-44A-9 and shall execute all documents of the compact. The director shall employ or contract for any necessary personnel or other assistance and terminate, when necessary, any personnel or other assistance and shall supervise, designate the duties and titles, and fix the terms for assistance, within the overall budget adopted by the board.

(4) Review and approve personnel policies recommended by the director. No employee shall be deemed an employee within the meaning of the Alabama Merit System or teacher tenure laws, but shall be entitled to public employee health insurance and state teacher retirement benefits on the same basis afforded public school employees. The board may provide for and authorize payment for other benefits. Employees of the compact shall be reimbursed for travel in the same manner provided by law for state employees, provided the travel is approved in advance by the executive director.

(5) Delegate to the executive director any and all powers and duties necessary to aid in the efficient administration of the policies of the board.

(6) File an annual report, including a financial report, with the Governor, Legislature of Alabama, and compact members.

(Acts 1994, No. 94-482, p. 799, §14.)

§ 16-44A-15 Remuneration of Board of Directors Members

The members of the board shall not be compensated for their services, but shall be entitled to the same expense and per diem as authorized to state employees, for official board business as approved by the chair of the board.

(Acts 1994, No. 94-482, p. 799, §15.)

§ 16-44A-16 Establishment of Bank Accounts; Adoption of Annual Budget; Performance of Independent Annual Audit

(a) The board shall establish its account(s) and deposit its funds therein with any bank qualified to serve as a state depositary. All funds shall be governed by the applicable laws of Alabama, including the state bid law and the ethics act. Nothing herein shall be deemed to require uncompensated compact delegates, compact members, and board members to file annual statements of economic interests. The board shall adopt an annual budget, provide for its administration, and require bonding of officers and employees as it deems necessary and pay premiums therefor.

(b) There shall be an annual audit performed by a certified public accountant, appointed by the board, and a copy shall be furnished to the board, executive director, and to the Department of Examiners of Public Accounts. Nothing herein shall preclude the department from conducting an examination of the books or finances of the compact.

(Acts 1994, No. 94-482, p. 799, §16.)

§ 16-44A-17 Distribution of Residual Assets in the Event of Dissolution of Compact

In the event of dissolution of the compact, which may be accomplished only by legislative act, the residual assets shall be turned over to another public corporation or organization which is exempt from federal income tax as an organization described in Section 501(c)(3) of the Internal Revenue Code.

(Acts 1994, No. 94-482, p. 799, §17.)

§ 16-44A-18 Organization of Compact as Voluntary Public-Private Partnership Constituted as Not-for-Profit Public Corporation; Affirmative Action Required in Initial Membership Invitations; Filing of Papers for Incorporation of Compact

(a) The compact shall be organized as a voluntary public-private partnership and shall be constituted as a not-for-profit public corporation. The members of the Joint Legislative Committee on Southern Leadership Goals created under Act No. 94-55, SJR 12, 1994 Regular Session, shall effectuate the filing of papers for the incorporation of the compact as provided in subsection (b). Upon the filing of the documents with the Secretary of State, and until the election of the officers and board of directors at the annual membership meeting on September 17, 1994, as provided in subsection (b) of Section 16-44A-3 of the compact, the members of the committee shall then be officially constituted as an interim board of directors and specifically shall extend notices and invitations to the initial membership meeting of the compact to as many entities it can identify which are eligible to be member parties to the compact. It shall affirmatively include public, non-profit, and private sector organizations representative of the racial, geographic, demographic, and urban/rural diversity of the state. It shall also expedite the organization of the compact and exercise any of the duties of the board of directors to the end that the compact will be operational following the conclusion of the first annual membership meeting.

(b) As provided in subsection (a), the above listed persons, together with the Governor, Presiding Officer of the Senate, and the Speaker of the House of Representatives, may present to the Secretary of State of Alabama an executed application for incorporation compatible with the purposes of this article. The Secretary of State shall immediately examine the application, and, if he or she finds that it substantially complies with the requirements of this article, he or she shall receive it, file it, and record it in the appropriate books of record, and shall make and issue to the applicants a certificate of incorporation as a not-for-profit public corporation, under the Great Seal of the State, and shall record the certificate with the application. No fees shall be required to be paid to the Secretary of State for any work in connection with the incorporation of the compact.

(Acts 1994, No. 94-482, p. 799, §18.)

§ 16-44A-19 Exemption from State Taxes; Authority to Solicit Gifts and Donations; Tax Treatment of Gifts, Grants, Devises, and Bequests; Liberal Construction

(a) The compact shall be exempt from all taxes of the State of Alabama and its political subdivisions to the same extent as public schools and colleges. All receipts, from whatever source, are appropriated to the compact until expended and shall not lapse. The compact is authorized to solicit gifts and donations, and all gifts, grants, devises, and bequests shall be deductible from state income taxes in accordance with Section 40-18-15.

(b) All of the acts provided for in the body of the compact agreement are hereby specifically authorized and provided for, it being the intent of this article to incorporate and enact the entirety of the provisions of the compact into this code. The provisions of the compact and this article shall be liberally construed to effectuate the purposes of the article.

(Acts 1994, No. 94-482, p. 799, §19.)

Article 2 The Citizenship Trust

§ 16-44A-30 Legislative Findings

(a) Under Article 1 of this chapter, the Joint Legislative Committee on Southern Leadership Goals authorized and consented to the formation of a non-profit entity, subsequently organized as The Citizenship Trust and domiciled in Shelby County, Alabama, for the purpose of, among other things, proposing to the Legislature a voluntary compact to promote citizenship education programs.

(b) The Legislature now finds that the voluntary partnership, compact, or trust should be authorized and ratified whereby public and private entities which desire to work together may do so to enhance and expand citizenship education for students. The Legislature further finds that citizenship and character education of young people in the principles of the Constitution, Bill of Rights, and other great foundations of the American Republic are essential to the civic, political, economic, security, and social well-being of our society, and to the advancement and progress of the State of Alabama, this region, and our nation.

(Acts 1995, No. 95-376, p. 766, §1.)

§ 16-44A-31 Citizenship Trust Established

(a) The State of Alabama hereby establishes and authorizes the Citizenship Trust, herein referred to as the “trust.”

(b) The purpose of the trust is to strengthen and renew the foundation of American liberty and self-government through citizenship education. The trust shall provide students with high quality educational programs, learning experiences, and resources inside and outside the classroom which enhance their understanding and appreciation of the principles of American citizenship, and knowledge of the Constitution, Bill of Rights, and other essential foundations of the American Republic, and which encourage them to serve and lead their communities, state, and nation as active, responsible, informed, and law-abiding citizens. Programs shall be focused on improving student learning and achievement in the critical academic areas of American history, government, civics, and citizenship.

(c) The trust shall encourage voluntary, cooperative, and nonduplicative efforts to expand high quality citizenship education programs for students. Members may include any public, private, or nonprofit organization, entity, or individual who subscribes to the purpose. Members may choose to participate or not participate in any programs of the trust, and membership shall in no way restrict, diminish, impinge upon, create obligations of, or limit the autonomy of the respective member parties. The elected officials of any governmental unit which is a member and who desire to do so shall serve as ex officio members. There shall be an annual meeting or assembly, at a time and place to be determined by the board of trustees, of the members to hear progress reports, share ideas of successful citizenship education projects, and make recommendations to the board of trustees.

(d) The Citizenship Trust shall be domiciled in Shelby County, Alabama, and shall be constituted as a public not-for-profit educational corporation upon the filing of these articles with the Secretary of State. It is the intent that the Citizenship Trust shall be qualified as a Section 501(c)(3) organization under the Internal Revenue Code and regulations of the United States, and that none of the net proceeds of the trust shall ever inure to the personal, private benefit of an individual.

(e) The Citizenship Trust shall be governed by a board of directors, designated the board of trustees (herein called the “board”), and elected in accordance with bylaws of the Trust. There shall be a chair, vice chair, secretary, and other officers as determined by the bylaws. The board membership shall be diverse and broadly representative, and at least one fourth of its members shall be Black.

(f) The board shall adopt and revise its bylaws consistent with the laws of Alabama. A copy shall be filed with the Secretary of State.

(g) The trust shall develop, share, conduct, and encourage citizenship educational programs and experiences through instructional materials, resources, a demonstration classroom, exhibition, and educational resource facility programs, and through programs and experiences extended and available for use in classrooms, schools, and other citizenship organizations by television, technology, teacher services, educational resource materials, and other means.

(h) The trust shall encourage close cooperation and exchange of ideas and successful programs. Participation in its programs and services shall be voluntary. The trust shall focus its efforts on citizenship education and shall not provide community leadership organization programs. The trust shall encourage its members to work together to create a new generation of citizens mindful of the rich blessings of their American citizenship, who are knowledgeable not only of its privileges but of its responsibilities as well, and who are committed to serving their communities, state, and nation as law-abiding, informed, active, and responsible citizens.

(i) The board may designate the trust by another name, but the name shall include the words “Citizenship Trust,” and the designation shall in no way affect any of the rights, privileges, or responsibilities of the trust. In the event of dissolution of the trust, which may be accomplished only by legislative act, the residual assets shall be distributed to another public corporation or organization which is exempt from federal income tax as an organization described in Section 501(c)(3) of the Internal Revenue Code.

(Acts 1995, No. 95-376, p. 766, §2; Act 2001-970, 3rd Sp. Sess., p. 868, §5.)

§ 16-44A-32 Powers and Duties of Board

In furtherance of the purposes of the trust, the board of trustees shall have the following powers and duties:

(1) Accept gifts, contributions, donations of funds or land, bequests, grants, appropriations, membership fees, or other forms of financial assistance for educational and other purposes in furtherance of this article, from any federal entity, from the state, its agencies and various political subdivisions, or any public or other entity, any and all of which are hereby authorized to grant any of the foregoing forms of assistance, or from any private person, foundation, corporation, or other agency, and to comply with any rules and regulations concerning grants by the federal government or other grantors, which are not in contravention of the Constitution and laws of this state or the United States. In fulfillment of its statewide civic educational mission, the trust may enter into cooperative agreements with local, state, regional, national, and federal agencies, departments, foundations, and institutions to provide educational programs and classroom support in the critical academic areas of history, civics, government, citizenship, and related subjects, and it shall be deemed eligible as a local educational agency within the meaning of 20 U.S.C. § 8801(18) for the sole purpose of applying for and receiving such federal and private support. Such funds and support are expressly appropriated to the trust and shall be used for the purposes provided by the grantor.

(2) Enjoy and exercise any powers and duties, not inconsistent with this article, which are authorized to nonprofit corporations under Title 10.

(3) Enter into any agreements as it deems necessary to finance or refinance or refund indebtedness which has been used to finance any property, equipment, or facility used for its educational mission, including entering contracts with a local or municipal public educational building authority as a qualified “educational institution” within the meaning of Chapter 18 of this title. For the purpose of repayment of the obligations, any and all of the sources of funds available to it as provided in subdivision (1) above and elsewhere in Act 2001-970, and proceeds of the local Shelby County revenues levied and appropriated to the trust by Act 98-659, or as may otherwise be made available to it above are hereby irrevocably pledged to that purpose and appropriated therefor in sums as necessary by this article. The indebtedness or obligations shall not be deemed or constitute in any way obligations of the State of Alabama.

(4) Create membership categories and establish dues. The trust shall be open to members from anywhere in the United States, it being the intent to network and share ideas on how to enhance citizenship education for young people.

(5) Establish and administer its financial accounts, and deposit its funds in any bank qualified to serve as a local or state public depositary. It shall engage an annual audit by a certified public accountant and furnish a copy of the audit to the Department of Examiners of Public Accounts.

(6) Engage the services, by employment or otherwise, of a part-time or full-time executive director, who shall be the chief administrative officer, and fix the term and make provisions for compensation and any allowances or benefits as it may provide. The officer shall serve as secretary of the trust and execute all documents for the trust, and shall employ or contract for any necessary personnel or assistance and terminate, whenever necessary, any personnel or other assistance, and fix the terms for assistance, within the overall budget approved by the board. The personnel shall be reimbursed for travel in the same manner provided for public employees, provided the travel is approved in advance by the executive director.

(7) Adopt a resolution and authorize execution of agreements on terms and conditions as required by the Board of Control of the Employees’ Retirement System of Alabama, for the employees of the trust to participate in the Employees’ Retirement System of Alabama, which may include provisions related to prior creditable service of employees of the trust and the American Village Public Education Building Authority. The trust is hereby deemed a public or quasi-public organization of the state within the meaning of Section 36-27-6, et seq. Provided the employer costs shall not devolve on the State of Alabama but shall be the sole responsibility of the Citizenship Trust.

(8) Engage in cooperative agreements or contracts with public and private entities for purposes compatible with the trust agreement and this article.

(9) Delegate to the executive director any and all powers and duties necessary to aid in the efficient administration of the policies of the board. The board may authorize the executive director to administer a private nonprofit foundation in support of the trust.

(10) File an annual report with the Governor, Legislature of Alabama, and members.

(11) Board members shall not be compensated for their services, but shall be entitled to the same expense and per diem authorized to state employees, for official board business as approved by the chair of the board.

(Acts 1995, No. 95-376, p. 766, §3; Act 2001-970, 3rd Sp. Sess., p. 868, §5.)

§ 16-44A-33 Incorporation

To effectuate the purposes of this article, the Board of Directors of The Citizenship Trust, an unincorporated non-profit association domiciled in Shelby County, Alabama, may present to the Secretary of State an executed application for incorporation compatible with the purposes of this article, and setting forth the compact or trust agreement herein ratified. The application shall provide for a name of the corporation, which shall include the words “Citizenship Trust.” The Secretary of State shall immediately examine the application, and, if he or she finds that it substantially complies with the requirements of this article, the secretary shall receive it, file it, and record it in the appropriate books of record, and shall make and issue to the applicants a certificate of incorporation as a not-for-profit public educational corporation, under the Great Seal of the State, and shall record the certificate with the application. No fees shall be required to be paid to the Secretary of State for any work in connection with the incorporation of the trust.

(Acts 1995, No. 95-376, p. 766, §4.)

§ 16-44A-34 Exemption from State and Local Taxes; Acts in Agreement Authorized

(a) The trust shall be exempt from all taxes of the State of Alabama and its political subdivisions. Provided that the trust’s “unrelated business taxable income” as determined in accordance with 26 U.S.C. §512, as in effect from time to time, shall be subject to the tax levied by Section 40-18-31, as amended. All receipts, from whatever source, are appropriated to the trust until expended and shall not lapse. The trust is authorized to solicit gifts and donations, and all gifts, grants, devises, and bequests shall be deductible from state income taxes in accordance with Section 40-18-15.

(b) All of the acts provided for in the body of the compact or trust agreement are hereby specifically authorized and provided for, it being the intent of this article to incorporate the entirety of the provisions of the compact into the Code of Alabama. This compact and this article shall be liberally construed to effectuate the purposes of the article, and shall be severable.

(Acts 1995, No. 95-376, p. 766, §5.)

§ 16-44A-35 Legislative Findings; Designation and Dedication as Veterans Living Legacy

(a) The Legislature of Alabama finds and declares all of the following:

(1) That pursuant to Section 16-44A-31, a statewide extended classroom for education in critical academic areas of citizenship, civics, American history, and government is now operational as “the American Village” under the auspices of the Citizenship Trust, a public education corporation.

(2) The nationally pioneering educational program serves students statewide and also school groups from other states. The United States Congress has provided support of the American Village as a national model and as an innovative civic education initiative that provides students with a better understanding of the United States Constitution and the historical and civic foundation of American self-government.

(3) Recent studies indicate that many students have only a superficial knowledge and lack deeper understanding of the foundations and principles of American self-government, that American history, civics, government, and related courses are critical academic areas for the preservation of individual liberty and for our constitutional system of self-government, and that increased academic attention needs to be directed to a better understanding of these vital foundations.

(4) It is our desire for this state to provide leadership to the nation during the observance of the 225th anniversary of American independence, and that properly educating and inspiring new generations of young people in these critical academic areas shall constitute a Veterans Living Legacy that honors veterans and other patriots in all generations in the cause of liberty and self-government that they have served.

(b) In commemoration of the 225th anniversary of American independence, the American Village is officially designated and dedicated as a Veterans Living Legacy in honor of veterans and patriots in all generations who have served the American cause of liberty and self-government. The American Village shall be expressly committed to the perpetuation of that legacy through civic education of young people.

(Act 2001-970, 2001 3rd Sp. Sess., p. 868, §§1, 2.)

§ 16-44A-36 Functions and Oversight

The trust shall continue to be designated as the entity to coordinate the voluntary Alabama student mock election in cooperation with the office of Secretary of State, the State Superintendent of Education, and local educational entities, and to coordinate a voluntary program involving legislators visiting school classrooms, both of which shall be subject to oversight of the Joint Legislative Committee on Civic Education pursuant to Article 10 of Chapter 2 of Title 29.

(Act 2001-970, 2001 3rd Sp. Sess., p. 868, §3.)

Division 2 Alabama Veterans Living Legacy Act of 2008

§ 16-44A-50 Short Title

This division may be cited as the Alabama Veterans Living Legacy Act of 2008 in honor of all Alabama veterans, living and dead, and members of the Armed Forces of the United States, whose service and sacrifices are indispensable to our country and the cause of liberty.

(Act 2008-551, p. 1198, §1.)

§ 16-44A-51 Designation and Dedication

Section 16-44A-35(b) previously designated the American Village administered by the Citizenship Trust, herein the Trust, as a Veterans Living Legacy, and it is hereby redesignated and rededicated as the Alabama Veterans Living Legacy.

(Act 2008-551, p. 1198, §2.)

§ 16-44A-52 Purpose

The Alabama Veterans Living Legacy shall fulfill four vital public purposes, namely:

(1) Publicly to remember, respect, thank, and honor United States veterans, living and dead, and active members of the Armed Forces, especially those with ties to Alabama, and prominently to present their individual and collective names, biographical sketches, stories, and photographs, thereby inspiring youth and general visitors to a lasting appreciation of their faithful service and heroic sacrifices for our nation and the cause of liberty.

(2) To teach students and youth the vital lessons of liberty which our veterans have served, as an essential foundation for good citizenship which upholds the freedom and system of self-government secured by our veterans.

(3) To receive, welcome, orient, and engage local, regional, and national visitors to the Alabama Veterans Living Legacy, National Veterans Shrine and Interpretive Gateway at the American Village and adjoining National Veterans Cemetery.

(4) To provide a separate and distinct means to extend condolences and hospitality to those surviving family members bereaved by the loss of a veteran.

(Act 2008-551, p. 1198, §3.)

§ 16-44A-53 Adoption and Administration of Master Plan

In addition to such powers conferred on it by Section 16-44A-32, the governing board of the Citizenship Trust shall adopt, subject to consultation and review as provided in Section 16-44A-56, and administer a master plan for the Alabama Veterans Living Legacy to fulfill the vital public purposes provided in Section 16-44A-52, organized in these core public components:

(1) The National Veterans Shrine and Interpretive Gateway shall consist of property, open spaces, and memorial areas, educational, exhibition, and other visitor facilities and programs to remember, respect, thank, and honor our nation’s veterans, with special emphasis on those from Alabama. The plans shall include a means to record and present for public recognition by individual name, biographical sketch, photograph or photographs, stories, and records, as many Alabama veterans as possible, both living and dead, with respect to the privacy rights of those not wishing to participate. The plans shall also include a distinct facility to receive with respect and in privacy the families of deceased veterans, where such families may be extended expressions of the condolences and gratitude of the Governor, Legislature, and people of Alabama.

(2) The educational offerings of the American Village statewide classroom and laboratory center and institute shall be designed, organized, and administered in ways to complement, augment, and enhance classroom teaching in the areas of American History, civics, and government, and having an essential purpose to teach the vital lessons of liberty, as a preparation for good citizenship, and as a living legacy to prominently honor United States veterans and their service and sacrifice.

(3) Such other initiatives as deemed appropriate that promote broader knowledge, skills, and practices of good citizenship, and a better appreciation of our veterans and their legacy of American liberty and self-government.

(Act 2008-551, p. 1198, §4.)

§ 16-44A-54 Alabama Veterans Living Legacy Trust Fund

On and after September 1, 2008, to ensure accountability for receiving and administering public funds, the public funds provided for by Section 16-44A-55, or by any future act, for the support of the Veterans Living Legacy, are appropriated to and shall be administered by the trust in accordance with the laws governing the trust, and shall be placed and accounted for in a separate, segregated, non-reverting and non-lapsing fund account to be designated the Alabama Veterans Living Legacy Trust Fund, herein fund. The expenditures of these public funds shall be subject to the competitive bid law and subject to the general audit and reporting requirements found in Article 2. A copy of such audit shall be provided to the Department of Examiners of Public Accounts, which is also authorized to audit the fund. Expenditures may be made only for public purposes related to acquisition, financing, equipping, operating, promoting, maintaining, staffing, and administering property, facilities, and programs of the Veterans Living Legacy, pursuant to the master plan in Section 16-44A-53.

(Act 2008-551, p. 1198, §5.)

§ 16-44A-55 Administration of Public Funds

The following public funds shall be administered by the trust for the support of the Alabama Veterans Living Legacy:

(1) Net proceeds derived from this or any other legislative act and specifically earmarked or designated for the Veterans Living Legacy.

(2) Appropriations, if any, made from the State General Fund or the State Education Trust Fund for the Veterans Living Legacy, by annual or supplemental appropriation acts.

(3) Any support for the Veterans Living Legacy provided by a public contract entered into with the trust by any state institution, agency, or department, or any political subdivision of the state, any of which is hereby authorized.

(4) Support of the Alabama Veterans Living Legacy provided by a grant or appropriation from the United States government.

(Act 2008-551, p. 1198, §6.)

§ 16-44A-56 Review of Master Plan

The master plan provided for in Section 16-44A-53 shall be subject to consultation with and review by the Joint Legislative Oversight Committee provided in Section 16-44A-59 and the Governor.

(Act 2008-551, p. 1198, §7.)

§ 16-44A-57 Disposition of Proceeds

It is the intent of this division that the trust, and its associated public educational building authority, may pledge the proceeds of revenues earmarked, designated, or appropriated for the Alabama Veterans Living Legacy and projects thereof, in the same manner as provided in Section 16-44A-32(3). The indebtedness or obligations shall not be deemed or constitute in any way a debt or obligation of the State of Alabama.

(Act 2008-551, p. 1198, §8.)

§ 16-44A-58 Funding

The trust shall undertake efforts to secure private funds, gifts, grants, bequests, and other funds to construct, operate, and endow the Alabama Veterans Living Legacy.

(Act 2008-551, p. 1198, §9.)

§ 16-44A-59 Joint Legislative Oversight Committee

(a) After September 1, 2008, the Joint Legislative Committee on the New National Veterans Cemetery created for this quadrennium by Act 2007-507 shall be constituted as a permanent oversight committee, to be called the Joint Legislative Oversight Committee on Alabama’s Veterans Living Legacy. At the start of each quadrennium thereafter, by joint resolution, the permanent oversight committee shall be organized.

(b) The trust shall annually report to the Joint Legislative Oversight Committee, the Legislature, and the Governor on its cooperative efforts with the United States Department of Veterans Affairs associated with the new National Veterans Cemetery, and the public purposes, initiatives, and accomplishments of the Veterans Living Legacy pursuant to this division.

(Act 2008-551, p. 1198, §10.)

Chapter 44B Interstate Commission on Educational Opportunity for Military Children

§ 16-44B-1 Compact

ARTICLE I

PURPOSE

It is the purpose of this compact to remove barriers to education success imposed on children of military families because of frequent moves and deployment of their parents by:

A. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district(s) or variations in entrance/age requirements.

B. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment.

C. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities.

D. Facilitating the on-time graduation of children of military families.

E. Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.

F. Providing for the uniform collection and sharing of information between and among member states, schools, and military families under this compact.

G. Promoting coordination between this compact and other compacts affecting military children.

H. Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

A. “Active duty” means: full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Sections 1209 and 1211.

B. “Children of military families” means: a school-aged child(ren), enrolled in Kindergarten through Twelfth (12th) grade, in the household of an active duty member.

C. “Compact commissioner” means: the voting representative of each compacting state appointed pursuant to Article VIII of this compact.

D. “Deployment” means: the period one (1) month prior to the service members’ departure from their home station on military orders through six (6) months after return to their home station.

E. “Education(al) records” means: those official records, files, and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student’s cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs.

F. “Extracurricular activities” means: a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities.

G. “Interstate Commission on Educational Opportunity for Military Children” means: the commission that is created under Article IX of this compact, which is generally referred to as Interstate Commission.

H. “Local education agency” means: a public authority legally constituted by the state as an administrative agency to provide control of and direction for Kindergarten through Twelfth (12th) grade public educational institutions.

I. “Member state” means: a state that has enacted this compact.

J. “Military installation” means: a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. Territory. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.

K. “Non-member state” means: a state that has not enacted this compact.

L. “Receiving state” means: the state to which a child of a military family is sent, brought, or caused to be sent or brought.

M. “Rule” means: a written statement by the Interstate Commission promulgated pursuant to Article XII of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.

N. “Sending state” means: the state from which a child of a military family is sent, brought, or caused to be sent or brought.

O. “State” means: a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. Territory.

P. “Student” means: the child of a military family for whom the local education agency receives public funding and who is formally enrolled in Kindergarten through Twelfth (12th) grade.

Q. “Transition” means: (1) the formal and physical process of transferring from school to school or (2) the period of time in which a student moves from one school in the sending state to another school in the receiving state.

R. “Uniformed service(s)” means: the Army, Navy, Air Force, Marine Corps, Coast Guard as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services.

S. “Veteran” means: a person who served in the uniformed services and who was discharged or released therefrom under conditions other than dishonorable.

ARTICLE III

APPLICABILITY

A. Except as otherwise provided in Section B, this compact shall apply to the children of:

1. active duty members of the uniformed services as defined in this compact, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Sections 1209 and 1211;

2. members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one (1) year after medical discharge or retirement; and

3. members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one (1) year after death.

B. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact.

C. The provisions of this compact shall not apply to the children of:

1. inactive members of the national guard and military reserves;

2. members of the uniformed services now retired; except as provided in Section A;

3. veterans of the uniformed services, except as provided in Section A; and

4. other U.S. Department of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.

ARTICLE IV

EDUCATIONAL RECORDS & ENROLLMENT

A. Unofficial or “hand-carried” education records - In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible.

B. Official education records/transcripts - Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student’s official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within ten (10) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.

C. Immunizations - Compacting states shall give thirty (30) days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunization(s) required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within thirty (30) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.

D. Kindergarten and First grade entrance age - Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level (including Kindergarten) from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state.

ARTICLE V

PLACEMENT & ATTENDANCE

A. Course placement - When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student’s enrollment in the sending state school and/or educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes but is not limited to Honors, International Baccalaureate, Advanced Placement, vocational, technical and career pathways courses. Continuing the student’s academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course(s).

B. Educational program placement - The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation/placement in like programs in the sending state. Such programs include, but are not limited to: (1) gifted and talented programs; and (2) English as a second language (ESL). This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

C. Special education services - (1) In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A. Section 1400 et seq., the receiving state shall initially provide comparable services to a student with disabilities based on his/her current Individualized Education Program (IEP); and (2) In compliance with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.A. Section 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.A. Sections 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

D. Placement flexibility - Local education agency administrative officials shall have flexibility in waiving course/program prerequisites, or other preconditions for placement in courses/programs offered under the jurisdiction of the local education agency.

E. Absence as related to deployment activities - A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave deployment of the parent or guardian.

ARTICLE VI

ELIGIBILITY

A. Eligibility for enrollment

1. Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent.

2. A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.

3. A transitioning military child, placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he/she was enrolled while residing with the custodial parent.

B. Eligibility for extracurricular participation - State and local education agencies shall facilitate the opportunity for transitioning military children’s inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.

ARTICLE VII

GRADUATION

In order to facilitate the on-time graduation of children of military families states and local education agencies shall incorporate the following procedures:

A. Waiver requirements - Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required course work so that graduation may occur on time.

B. Exit exams - States shall accept: (1) exit or end-of-course exams required for graduation from the sending state; or (2) national norm-referenced achievement tests or (3) alternative testing, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his or her Senior year, then the provisions of Article VII, Section C shall apply.

C. Transfers during Senior year - Should a military student transferring at the beginning or during his or her Senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with Sections A and B of this Article.

ARTICLE VIII

STATE COORDINATION

A. Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies and military installations concerning the state’s participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership must include at least: the state superintendent of education, superintendent of a school district with a high concentration of military children, representative from a military installation, one representative each from the legislative and executive branches of government, and other offices and stakeholder groups the State Council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the State Council.

B. The State Council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact.

C. The compact commissioner responsible for the administration and management of the state’s participation in the compact shall be appointed by the Governor or as otherwise determined by each member state.

D. The compact commissioner and the military family education liaison designated herein shall be ex officio members of the State Council, unless either is already a full voting member of the State Council.

ARTICLE IX

INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN

The member states hereby create the “Interstate Commission on Educational Opportunity for Military Children.” The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:

A. Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact.

B. Consist of one Interstate Commission voting representative from each member state who shall be that state’s compact commissioner.

1. Each member state represented at a meeting of the Interstate Commission is entitled to one vote.

2. A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

3. A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or State Council may delegate voting authority to another person from their state for a specified meeting.

4. The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.

C. Consist of ex officio, non-voting representatives who are members of interested organizations. Such ex officio members, as defined in the bylaws, may include but not be limited to members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the U.S. Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel and other interstate compacts affecting the education of children of military members.

D. Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.

E. Establish an executive committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a one year term. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The U.S. Department of Defense, shall serve as an ex officio, non-voting member of the executive committee.

F. Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

G. Public Notice shall be given by the Interstate Commission of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to:

1. Relate solely to the Interstate Commission’s internal personnel practices and procedures;

2. Disclose matters specifically exempted from disclosure by federal and state statute;

3. Disclose trade secrets or commercial or financial information which is privileged or confidential;

4. Involve accusing a person of a crime, or formally censuring a person;

5. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

6. Disclose investigative records compiled for law enforcement purposes; or

7. Specifically relate to the Interstate Commission’s participation in a civil action or other legal proceeding.

H. For a meeting, or portion of a meeting, closed pursuant to this provision, the Interstate Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemptible provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission.

I. The Interstate Commission shall collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, insofar as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.

J. The Interstate Commission shall create a process that permits military officials, education officials and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the Interstate Commission or any member state.

ARTICLE X

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers:

A. To provide for dispute resolution among member states.

B. To promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact. The rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact.

C. To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules and actions.

D. To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process.

E. To establish and maintain offices which shall be located within one or more of the member states.

F. To purchase and maintain insurance and bonds.

G. To borrow, accept, hire or contract for services of personnel.

H. To establish and appoint committees including, but not limited to, an executive committee as required by Article IX, Section E, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.

I. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission’s personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.

J. To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it.

K. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed.

L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.

M. To establish a budget and make expenditures.

N. To adopt a seal and bylaws governing the management and operation of the Interstate Commission.

O. To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.

P. To coordinate education, training and public awareness regarding the compact, its implementation and operation for officials and parents involved in such activity.

Q. To establish uniform standards for the reporting, collecting and exchanging of data.

R. To maintain corporate books and records in accordance with the bylaws.

S. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

T. To provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact.

ARTICLE XI

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

1. Establishing the fiscal year of the Interstate Commission;

2. Establishing an executive committee, and such other committees as may be necessary;

3. Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission;

4. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;

5. Establishing the titles and responsibilities of the officers and staff of the Interstate Commission;

6. Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations;

7. Providing “start up” rules for initial administration of the compact.

B. The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson’s absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission.

C. Executive Committee, Officers and Personnel

1. The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to:

a. Managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission;

b. Overseeing an organizational structure within, and appropriate procedures for the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and

c. Planning, implementing, and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the Interstate Commission.

2. The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a Member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission.

D. The Interstate Commission’s executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

1. The liability of the Interstate Commission’s executive director and employees or Interstate Commission representatives, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

2. The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

3. To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney’s fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons have a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

ARTICLE XII

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

A. Rulemaking Authority - The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this Compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this Compact, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.

B. Rulemaking Procedure - Rules shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act,” of 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission.

C. Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission’s authority.

D. If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.

ARTICLE XIII

OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION

A. Oversight

1. The executive, legislative and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.

2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission.

3. The Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this compact or promulgated rules.

B. Default, Technical Assistance, Suspension and Termination - If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the Interstate Commission shall:

1. Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default.

2. Provide remedial training and specific technical assistance regarding the default.

3. If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.

4. Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.

5. The state which has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination.

6. The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.

7. The defaulting state may appeal the action of the Interstate Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.

C. Dispute Resolution

1. The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and non-member states.

2. The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

D. Enforcement

1. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

2. The Interstate Commission, may by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the compact, its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.

3. The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession.

ARTICLE XIV

FINANCING OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

B. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.

C. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.

D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

ARTICLE XV

MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

A. Any state is eligible to become a member state.

B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than ten (10) of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states.

C. The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

ARTICLE XVI

WITHDRAWAL AND DISSOLUTION

A. Withdrawal

1. Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact by specifically repealing the statute, which enacted the compact into law.

2. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until one (1) year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other member jurisdiction.

3. The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state’s intent to withdraw within sixty (60) days of its receipt thereof.

4. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.

5. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.

B. Dissolution of Compact

1. This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one (1) member state.

2. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be excluded and surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XVII

SEVERABILITY AND CONSTRUCTION

A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

B. The provisions of this compact shall be liberally construed to effectuate its purposes.

C. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

ARTICLE XVIII

BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Other Laws

1. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.

2. All member states’ laws conflicting with this compact are superseded to the extent of the conflict.

B. Binding Effect of the Compact

1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.

2. All agreements between the Interstate Commission and the member states are binding in accordance with their terms.

3. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

(Act 2009-560, p. 1609, §1.)

Chapter 44C Interstate Teacher Mobility Compact

§ 16-44C-1 Purpose

(a) The purpose of this compact is to facilitate the mobility of teachers across the member states, with the goal of supporting teachers through a new pathway to licensure. Through this compact, the member states seek to establish a collective regulatory framework that expedites and enhances the ability of teachers to move across state lines.

(b) This compact is intended to achieve all of the following objectives and should be interpreted accordingly. The member states hereby ratify the same intentions by subscribing hereto.

(1) Create a streamlined pathway to licensure mobility for teachers.

(2) Support the relocation of eligible military spouses.

(3) Facilitate and enhance the exchange of licensure, investigative, and disciplinary information between the member states.

(4) Enhance the power of state and district level education officials to hire qualified, competent teachers by removing barriers to the employment of out-of-state teachers.

(5) Support the retention of teachers in the profession by removing barriers to relicensure in a new state.

(6) Maintain state sovereignty in the regulation of the teaching profession.

(Act 2023-234, §1.)

§ 16-44C-2 Definitions

As used in this compact, and except as otherwise provided, the following definitions shall govern the terms herein:

(1) ACTIVE MILITARY MEMBER. Any individual with full-time duty status in the Armed Forces of the United States, including members of the National Guard and Reserve.

(2) ADVERSE ACTION. Any limitation or restriction imposed by a member state’s licensing authority, such as revocation, suspension, reprimand, probation, or limitation on the licensee’s ability to work as a teacher.

(3) BYLAWS. Those bylaws established by the commission.

(4) CAREER AND TECHNICAL EDUCATION LICENSE. A current, valid authorization issued by a member state’s licensing authority allowing an individual to serve as a teacher in P-12 public educational settings in a specific career and technical education area.

(5) CHARTER MEMBER STATES. A member state that has enacted legislation to adopt this compact where such legislation predates the initial meeting of the commission after the effective date of the compact.

(6) COMMISSION. The interstate administrative body which membership consists of delegates of all states that have enacted this compact, and which is known as the Interstate Teacher Mobility Compact Commission.

(7) COMMISSIONER. The delegate of a member state.

(8) ELIGIBLE LICENSE. A license to engage in the teaching profession which requires at least a bachelor’s degree and the completion of a state approved program for teacher licensure.

(9) ELIGIBLE MILITARY SPOUSE. The spouse of any individual in full-time duty status in the active Armed Forces of the United States including members of the National Guard and Reserve moving as a result of a military mission or military career progression requirements or are on their terminal move as a result of separation or retirement (to include surviving spouses of deceased military members).

(10) EXECUTIVE COMMITTEE. A group of commissioners elected or appointed to act on behalf of, and within the powers granted to them by, the commission as provided for herein.

(11) LICENSING AUTHORITY. An official, agency, board, or other entity of a state that is responsible for the licensing and regulation of teachers authorized to teach in P-12 public educational settings.

(12) MEMBER STATE. Any state that has adopted this compact, including all agencies and officials of that state.

(13) RECEIVING STATE. Any state where a teacher has applied for licensure under this compact.

(14) RULE. Any regulation adopted by the commission under this compact, which shall have the force of law in each member state.

(15) STATE. A state, territory, or possession of the United States, and the District of Columbia.

(16) STATE PRACTICE LAWS. A member state’s laws, rules, and regulations that govern the teaching profession, define the scope of the profession, and create the methods and grounds for imposing discipline.

(17) STATE SPECIFIC REQUIREMENTS. A requirement for licensure covered in coursework or examination that includes content of unique interest to the state.

(18) TEACHER. An individual who currently holds an authorization from a member state that forms the basis for employment in the P-12 public schools of the state to provide instruction in a specific subject area, grade level, or student population.

(19) UNENCUMBERED LICENSE. A current, valid authorization issued by a member state’s licensing authority allowing an individual to serve as a teacher in P-12 public educational settings. An unencumbered license is not a restricted, probationary, provisional, substitute, or temporary credential.

(Act 2023-234, §2.)

§ 16-44C-3 Licensure Under the Compact

(a) Licensure under this compact pertains only to the initial grant of a license by the receiving state. Nothing herein applies to any subsequent or ongoing compliance requirements that a receiving state might require for teachers.

(b) Each member state, in accordance with the rules of the commission, shall define, compile, and update as necessary, a list of eligible licenses and career and technical education licenses that the member state is willing to consider for equivalency under this compact and provide the list to the commission. The list shall include those licenses that a receiving state is willing to grant to teachers from other member states, pending a determination of equivalency by the receiving state’s licensing authority.

(c) Upon the receipt of an application for licensure by a teacher holding an unencumbered eligible license, the receiving state shall determine which of the receiving state’s eligible licenses the teacher is qualified to hold and shall grant the license or licenses to the applicant. The determination shall be made in the sole discretion of the receiving state’s licensing authority and may include a determination that the applicant is not eligible for any of the receiving state’s eligible licenses. For all teachers who hold an unencumbered license, the receiving state shall grant one or more unencumbered licenses that, in the receiving state’s sole discretion, are equivalent to the licenses held by the teacher in any other member state.

(d) For active military members and eligible military spouses who hold a license that is not unencumbered, the receiving state shall grant an equivalent license or licenses that, in the receiving state’s sole discretion, is equivalent to the license or licenses held by the teacher in any other member state, except where the receiving state does not have an equivalent license.

(e) For a teacher holding an unencumbered career and technical education license, the receiving state shall grant an unencumbered license equivalent to the career and technical education license held by the applying teacher and issued by another member state, as determined by the receiving state in its sole discretion, except where a career and technical education teacher does not hold a bachelor’s degree and the receiving state requires a bachelor’s degree for licenses to teach career and technical education. A receiving state may require career and technical education teachers to meet state industry recognized requirements, if required by law in the receiving state.

(Act 2023-234, §3.)

§ 16-44C-4 Licensure Not Under the Compact

(a) Except as provided in Section 16-44C-3, nothing in this compact shall be construed to limit or inhibit the power of a member state to regulate licensure or endorsements overseen by the member state’s licensing authority.

(b) When a teacher is required to renew a license received pursuant to this compact, the state granting the license may require the teacher to complete state specific requirements as a condition of licensure renewal or advancement in that state.

(c) For the purposes of determining compensation, a receiving state may require additional information from teachers receiving a license under this compact.

(d) Nothing in this compact shall be construed to limit the power of a member state to control and maintain ownership of its information pertaining to teachers, or limit the application of a member state’s laws or regulations governing the ownership, use, or dissemination of information pertaining to teachers.

(e) Nothing in this compact shall be construed to invalidate or alter any existing agreement or other cooperative arrangement which a member state may already be a party to, or limit the ability of a member state to participate in any future agreement or other cooperative arrangement to do any of the following:

(1) Award teaching licenses or other benefits based on additional professional credentials including, but not limited to, national board certification.

(2) Participate in the exchange of names of teachers whose license has been subject to an adverse action by a member state.

(3) Participate in any agreement or cooperative arrangement with a nonmember state.

(Act 2023-234, §4.)

§ 16-44C-5 Teacher Qualifications and Requirements for Licensure Under the Compact

(a) Except as provided for active military members or eligible military spouses in subsection (d) of Section 16-44C-3, a teacher may only be eligible to receive a license under this compact where that teacher holds an unencumbered license in a member state.

(b) A teacher eligible to receive a license under this compact, unless otherwise provided for herein, shall do both of the following:

(1) Upon his or her application to receive a license under this compact, undergo a criminal background check in the receiving state in accordance with the laws and regulations of the receiving state.

(2) Provide the receiving state with information in addition to the information required for licensure for the purposes of determining compensation, if applicable.

(Act 2023-234, §5.)

§ 16-44C-6 Discipline and Adverse Actions

(a) Nothing in this compact shall be deemed or construed to limit the authority of a member state to investigate or impose disciplinary measures on teachers according to the state practice laws thereof.

(b) Member states may receive, and shall provide, files and information regarding the investigation and discipline, if any, of teachers in other member states upon request. Any member state receiving the information or files shall protect and maintain the security and confidentiality thereof, in at least the same manner that the member state maintains its own investigatory or disciplinary files and information. Prior to disclosing any disciplinary or investigatory information received from another member state, the disclosing state shall communicate its intention and purpose for the disclosure to the member state which originally provided that information.

(Act 2023-234, §6.)

§ 16-44C-7 Establishment of the Interstate Teacher Mobility Compact Commission

(a) The compact member states hereby create and establish a joint public agency known as the Interstate Teacher Mobility Compact Commission:

(1) The commission is a joint interstate governmental agency comprised of states that have enacted this compact.

(2) Nothing in this compact shall be construed to be a waiver of sovereign immunity.

(b) Membership, voting, and meetings.

(1) Each member state shall have and be limited to one delegate to the commission, who shall be given the title of commissioner.

(2) The commissioner shall be the primary administrative officer of the state licensing authority or their designee.

(3) Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner is appointed.

(4) The member state shall fill any vacancy occurring in the commission within 90 days.

(5) Each commissioner shall be entitled to one vote about the adoption of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A commissioner shall vote in person or by other means as provided in the bylaws. The bylaws may provide for commissioners’ participation in meetings by telephone or other means of communication.

(6) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

(7) The commission shall establish by rule a term of office for commissioners.

(c) The commission shall have all of the following powers and duties:

(1) Establish a code of ethics for the commission.

(2) Establish the fiscal year of the commission.

(3) Establish bylaws for the commission.

(4) Maintain financial records in accordance with the bylaws of the commission.

(5) Meet and take any actions as are consistent with this compact, the bylaws, and rules of the commission.

(6) Adopt uniform rules to implement and administer this compact. The rules shall have the force and effect of law and shall be binding in all member states. In the event the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then the action by the commission shall be invalid and have no force and effect of law.

(7) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any member state licensing authority to sue or be sued under applicable law shall not be affected.

(8) Purchase and maintain insurance and bonds.

(9) Borrow, accept, or contract for services of personnel including, but not limited to, employees of a member state, or an associated nongovernmental organization that is open to membership by all states.

(10) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

(11) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal, or mixed, provided that at all times the commission shall avoid any appearance of impropriety.

(12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.

(13) Establish a budget and make expenditures.

(14) Borrow money.

(15) Appoint committees, including standing committees composed of members and other interested individuals as may be designated in this compact, rules, or bylaws.

(16) Provide and receive information from, and cooperate with, law enforcement agencies.

(17) Establish and elect an executive committee.

(18) Establish and develop a charter for an executive information governance committee to advise on facilitating exchange of information, use of information, data privacy, and technical support needs, and provide reports as needed.

(19) Perform other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of teacher licensure.

(20) Determine whether a state’s adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact.

(d) The executive committee of the compact commission.

(1) The executive committee may act on behalf of the commission according to the terms of this compact.

(2) The executive committee shall be composed of the following eight voting members:

a. The commission chair, vice chair, and treasurer.

b. Five members who are elected by the commission from the current membership, including the following:

1. Four voting members representing geographic regions in accordance with commission rules.

2. One at-large voting member in accordance with commission rules.

(3) The commission may add or remove members of the executive committee as provided in commission rules.

(4) The executive committee shall meet at least once annually.

(5) The executive committee shall have the following duties and responsibilities:

a. Recommend to the entire commission changes to the rules or bylaws, changes to the compact legislation, fees paid by compact member states including annual dues and any compact fee charged by the member states on behalf of the commission.

b. Ensure commission administration services are appropriately provided, contractual or otherwise.

c. Prepare and recommend the budget.

d. Maintain financial records on behalf of the commission.

e. Monitor compliance of member states and provide reports to the commission.

f. Perform other duties as provided in rules or bylaws.

(6) MEETINGS OF THE COMMISSION.

a. All meetings shall be open to the public, and public notice of meetings shall be given in accordance with commission bylaws.

b. The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss any of the following:

1. Noncompliance of a member state with its obligations under the compact.

2. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission’s internal personnel practices and procedures.

3. Current, threatened, or reasonably anticipated litigation.

4. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.

5. Accusing any individual of a crime or formally censuring any individual.

6. Disclosure of trade secrets or commercial or financial information that is privileged or confidential.

7. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

8. Disclosure of investigative records compiled for law enforcement purposes.

9. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact.

10. Matters specifically exempted from disclosure by federal or member state statute.

11. Other matters as set forth by commission bylaws and rules.

c. If a meeting, or portion of a meeting, is closed pursuant to this subdivision, the commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

d. The commission shall keep minutes of commission meetings and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.

(7) FINANCING OF THE COMMISSION.

a. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

b. The commission may accept all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest.

c. The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission, in accordance with the commission rules.

d. The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.

e. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to accounting procedures established under commission bylaws. All receipts and disbursements of funds of the commission shall be reviewed annually in accordance with commission bylaws, and a report of the review shall be included in and become part of the annual report of the commission.

(8) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.

a. The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability in their official capacity for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any individual from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that individual.

b. The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that individual from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that individual’s intentional or willful or wanton misconduct.

c. The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that individual arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the individual had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that individual.

(Act 2023-234, §7.)

§ 16-44C-8 Rulemaking

(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this compact and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

(b) The commission shall adopt reasonable rules to achieve the intent and purpose of this compact. In the event the commission exercises its rulemaking authority in a manner that is beyond purpose and intent of this compact, or the powers granted hereunder, then the action by the commission shall be invalid and have no force and effect of law in the member states.

(c) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt this compact within four years of the date of adoption of the rule, then the rule shall have no further force and effect in any member state.

(d) Rules or amendments to the rules shall be adopted or ratified at a regular or special meeting of the commission in accordance with commission rules and bylaws.

(e) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 48 hours’ notice, with opportunity to comment, provided that the usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to do any of the following:

(1) Meet an imminent threat to public health, safety, or welfare.

(2) Prevent a loss of commission or member state funds.

(3) Meet a deadline for the adoption of an administrative rule that is established by federal law or rule.

(4) Protect public health and safety.

(Act 2023-234, §8.)

§ 16-44C-9 Facilitating Information Exchange

(a) The commission shall provide for facilitating the exchange of information to administer and implement this compact in accordance with the rules of the commission, consistent with generally accepted data protection principles.

(b) Nothing in this compact shall be deemed or construed to alter, limit, or inhibit the power of a member state to control and maintain ownership of its licensee information or alter, limit, or inhibit the laws or regulations governing licensee information in the member state.

(Act 2023-234, §9.)

§ 16-44C-10 Oversight, Dispute Resolution, and Enforcement

(a) Oversight.

(1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact’s purposes and intent. This compact shall have standing as statutory law.

(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any similar matter.

(3) All courts and all administrative agencies shall take judicial notice of this compact, the rules of the commission, and any information provided to a member state pursuant thereto in any judicial or quasi-judicial proceeding in a member state pertaining to the subject matter of this compact, or which may affect the powers, responsibilities, or actions of the commission.

(4) The commission may receive service of process in any proceeding regarding the enforcement or interpretation of this compact and shall have standing to intervene in any proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this compact, or adopted rules.

(b) Default, technical assistance, and termination. If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules, the commission shall do all of the following:

(1) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the commission.

(2) Provide remedial training and specific technical assistance regarding the default.

(c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the commissioners of the member states, and all rights, privileges, and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the state licensing authority and each of the member states.

(e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

(f) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from this compact, unless agreed upon in writing between the commission and the defaulting state.

(g) The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal office. The prevailing party shall be awarded all costs of the litigation, including reasonable attorney’s fees.

(h) Dispute resolution.

(1) Upon request by a member state, the commission shall attempt to resolve disputes related to this compact that arise among member states and between member and non-member states.

(2) The commission shall adopt a rule providing for both binding and nonbinding alternative dispute resolution for disputes as appropriate.

(i) Enforcement.

(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

(2) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal office against a member state in default to enforce compliance with this compact and its adopted rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of litigation, including reasonable attorney’s fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

(Act 2023-234, §10.)

§ 16-44C-11 Effectuation, Withdrawal, and Amendment

(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state.

(1) On or after the effective date of this compact, the commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each charter member state is materially different from the model compact statute.

(2) A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in Section 16-44C-10.

(3) Member states enacting the compact subsequent to the charter member states shall be subject to the process set forth in subdivision (c)(20) of Section 16-44C-7 to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in this compact.

(b) If any member state is later found to be in default, or is terminated or withdraws from this compact, the commission shall remain in existence and the compact shall remain in effect even if the number of member states should be less than 10.

(c) Any state that joins the compact after the commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state, as the rules and bylaws may be amended as provided in this compact.

(d) Any member state may withdraw from this compact by enacting a statute repealing the same.

(1) A member state’s withdrawal shall not take effect until six months after enactment of the repealing statute.

(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.

(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

(Act 2023-234, §11.)

§ 16-44C-12 Construction and Severability

This compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or a state seeking membership in the compact, or of the United states or the applicability thereof to any other government, agency, individual, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, individual, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

(Act 2023-234, §12.)

§ 16-44C-13 Consistent Effect and Conflict with Other State Laws

(a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with this compact.

(b) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with this compact are superseded to the extent of the conflict.

(c) All permissible agreements between the commission and the member states are binding in accordance with their terms.

(Act 2023-234, §13.)

Chapter 45 Marine Environmental Sciences Consortium

§ 16-45-1 Organization; Initial Member Institutions

A consortium is hereby created under the name of the Marine Environmental Sciences Consortium for the purposes set forth herein. The initial member institutions are: Alabama State University; Auburn University; Birmingham Southern College; University of North Alabama; Huntingdon College; Jacksonville State University; Livingston University; Mobile College; Samford University; Springhill College; Troy State University; Tuskegee Institute; The University of Alabama in Birmingham; The University of Alabama in Huntsville; The University of Alabama, Tuscaloosa; University of Montevallo; and University of South Alabama. Institutional membership in the consortium may be increased or decreased under regulations to be established by the board of directors hereinafter provided for.

(Acts 1971, No. 2432, p. 3890, §1.)

§ 16-45-2 Purposes

The purposes of the consortium are to provide educational programs in marine sciences on both the undergraduate and graduate levels, to promote and encourage pure and applied research in marine sciences and related areas, to promote and encourage communication and dialogue among those interested in marine sciences and to do and perform all other acts and things which may be incidental to and come legitimately within the scope of any and all of the foregoing objects and purposes or which may be necessary or appropriate for the carrying out and accomplishment of any and all foregoing objects.

(Acts 1971, No. 2432, p. 3890, §2.)

§ 16-45-3 Consortium Constituted Body Corporate

The Marine Environmental Sciences Consortium is hereby constituted as a body corporate, and such consortium shall have all the rights, powers and franchises necessary to or promotive of the end of its creation and shall be charged with all the corresponding duties and responsibilities, including the powers and responsibilities devolving upon a nonprofit corporation organized under Title 10.

(Acts 1971, No. 2432, p. 3890, §3.)

§ 16-45-4 Management of Consortium; Board of Directors; Officers

The entire management of the consortium shall be vested in its board of directors, to be composed of the chief executive officers of the member institutions. The board of directors shall determine the overall program and general policies of the consortium in accordance with the provisions of this chapter as now enacted or as the same may be hereafter amended.

The board may elect or appoint such officers as it deems desirable, who may or may not be members of the board, to have such responsibilities and to exercise such authority as the board may from time to time prescribe.

(Acts 1971, No. 2432, p. 3890, §4.)

§ 16-45-5 Contributions and Annual Expenditures by Governing Authorities of Member Institutions

The governing authorities of the member institutions are hereby authorized to lease or to deed any real property to the consortium, and such authorities may also sell, give, lend or lease any personal property to the consortium. Further, the governing authority of each member institution is hereby authorized and empowered to make annual expenditures as may be necessary for the support and maintenance of the consortium.

(Acts 1971, No. 2432, p. 3890, §5.)

Chapter 46 Regulation of Certain Schools and Courses of Instruction

§ 16-46-1 Definitions

For the purposes of this chapter, the following words shall have the meanings respectively ascribed to them by this section:

(1) ACADEMIC FRAUD. Courses offered are insufficient in quality, content, or administration to achieve the stated or implied educational objective. Persons offering such courses who know or reasonably should know that the courses cannot achieve the stated or implied educational objective shall be considered to be involved in academic fraud.

(2) AGENT or REPRESENTATIVE. Salesperson who presents materials, sells courses, or solicits students for enrollment of students in the state in person, by mail, by correspondence, by telephone, online, by distance learning education, or by any other method of advertising within the state.

(3) COURSE. Any course, or portion of a plan or program of instruction, whether conducted in person, by mail, by correspondence, online, by distance learning education, or by any other method.

(4) ECONOMIC FRAUD. The sale of courses or programs of study which an institution is unable or unwilling to provide as advertised or described because of inadequate financial stability, facilities, instructional staff, or commitment to honor written or verbal contracts made with students. Included is the solicitation of students for enrollment through intentional deception or misrepresentation of fact and the use of advertising which is known to be false, inaccurate, or misleading. Failure to properly administer student cancellation and refund policies according to appropriate regulations or agreements made with students shall also constitute economic fraud.

(5) LICENSE. A license identifying the name and location of the private postsecondary institution and establishing the courses which may be offered thereunder.

(6) PERMIT. A pocket card issued to an agent or representative providing identification as an authorized agent of a private postsecondary institution.

(7) PRINCIPAL BASE OF OPERATIONS. A private postsecondary institution which has established a main campus in Alabama. Administrative and managerial support and physical plant facilities are maintained continuously in this location. Franchises chartered independently of parent corporations may be accorded this status provided they comply with the residency requirements.

(8) PRIVATE POSTSECONDARY INSTITUTION. Operation of either a for profit or nonprofit postsecondary school as opposed to publicly owned or operated postsecondary schools. For the purposes of this subdivision, a for profit postsecondary school is any postsecondary school operated as a business corporation, partnership, or proprietorship and a nonprofit postsecondary school is any postsecondary school established by a nonprofit charter or articles of incorporation with bylaws establishing a nonprofit mode of operation that is determined by the Internal Revenue Service to be eligible for tax deductible contributions in accordance with 26 U.S.C. §501(c)(3).

(9) RESIDENT COURSE. Any course or sequence of courses of instruction offered by a school which is domiciled within Alabama and has established for a period of three years permanent administrative and management facilities in this state.

(10) SCHOOL. Any person, group of people, institution, establishment, agency, or organization offering or administering a plan, course, or program of instruction whether conducted in person, by mail, by correspondence, online, by distance learning education, or by any other method except the teaching of private lessons of instruction on a singular subject, unless otherwise provided by law.

(Acts 1971, 3rd Ex. Sess., No. 87, p. 4299, §§2, 3; Acts 1980, No. 80-272, p. 349, §1; Act 2011-296, p. 547, §1; Act 2014-245, p. 785, §5.)

§ 16-46-2 Declaration of Policy

It is hereby generally recognized that courses of postsecondary instruction, whether given in residence, by mail, or electronically online, result in substantial benefits for students pursuing such courses, provided that such courses are designed and administered in accordance with recognized educational standards and practices. It is also recognized that persons taking such courses and postsecondary institutions offering such courses should be afforded additional protection under the laws of this state. It is the purpose of this chapter to supplement the general law of fraud of this state so as to provide for students, postsecondary institutions, and the general public such added protection.

(Acts 1971, 3rd Ex. Sess., No. 87, p. 4299, §1; Acts 1980, No. 80-272, p. 349, §1; Act 2014-245, p. 785, §5.)

§ 16-46-3 Exemptions from Chapter; Records of Private Postsecondary Institutions Ceasing Operations

(a) This chapter shall not apply to any school offering instruction in grades K-12, or any combination thereof, including any person in regard to the operation of such K-12 school.

(b) This chapter shall not apply to any of the following private postsecondary institutions, including any person in regard to the operation of such private postsecondary institution:

(1) Schools operated on a nonprofit basis offering only courses or programs of study which do not lead to an associate or baccalaureate degree and are limited in nature to the performance of or preparation for the ministry of any established church, denomination, or religion.

(2) Courses conducted by employers exclusively for their employees and courses conducted by labor unions exclusively for their members.

(3) Schools, colleges, and universities principally operated and supported by the State of Alabama or its political subdivisions.

(4) Seminars and short courses sponsored or offered by professional business, trade, or religious organizations primarily for benefit of members thereof, or similar public programs of training where the majority of the students have at least half of their tuition and enrollment fees paid by their employers, provided that evidence is supplied supporting this exemption continuously over the preceding five years.

(5) Any private postsecondary institution conducting resident courses whose principal base of operation is within the State of Alabama which has been in continuous operation for 20 years or more as of July 1, 2004, and that held accreditation as of that date by an accrediting agency recognized by the United States Department of Education.

(6) Programs of study regulated by other state public boards, commissions, or agencies requiring school licensure or performance bonding, or both, except where the appropriate regulatory agency requires a license under this chapter.

(7) Any private postsecondary institution conducting resident courses that has been in operation within Alabama for at least five years as of July 1, 2004, and that is accredited by an accrediting agency recognized by the United States Department of Education shall be accorded the following provisions: Upon proof of such accreditation, such private postsecondary schools shall be issued a license and representative permits after required fees are paid to the Alabama Department of Postsecondary Education. The requisite accreditation shall satisfy the minimum standards of this chapter.

(8) Any degree granting entity accredited by an accrediting body recognized by the United States Department of Education and located in and authorized by a state participating in a regional or national reciprocity agreement that the State of Alabama has joined with the approval of the Governor or the Alabama Commission on Higher Education, and operating under the terms of that agreement.

(c) Any private postsecondary institution exempted in this section shall retain the exempted status as long as the conditions of exemption remain valid. An accredited private postsecondary institution or program of study not elsewhere exempted whose accreditation is withdrawn, suspended, or revoked shall forfeit its exemption status until the grant of accreditation is restored. Due process of the accrediting agency shall be allowed prior to withdrawal of an exemption. Private postsecondary institutions having accreditation withheld as a result of transfer of ownership shall be allowed a period of time to regain the grant in accordance with the appropriate accrediting agency regulations.

(d) An exemption pursuant to this section shall not be construed to constitute approval or endorsement by the State of Alabama for any purpose.

(e) Exempted private postsecondary institutions may voluntarily request to be licensed without surety as described in Sections 16-46-5 and 16-46-6.

(f) Private postsecondary institutions which cease operations shall place the student academic, attendance, and financial aid records in the office of the appropriate institutional administrator where a repository shall exist to safeguard and to make available these records to authorized persons upon request as follows:

(1) Private postsecondary institutions which merge, consolidate, or undergo change of ownership shall deposit with the continuing school.

(2) Private postsecondary institutions which are a part of a system, organization, franchise, or a ministry of a local church or a group of churches shall deposit with the administrative office thereof if such is to remain in operation.

(3) Other private postsecondary institutions not elsewhere designated shall deposit with the Department of Postsecondary Education.

(Acts 1971, 3rd Ex. Sess., No. 87, p. 4299, §4; Acts 1980, No. 80-272, p. 349, §1; Act 2004-282, p. 388, §1; Act 2011-296, p. 547, §1; Act 2014-245, p. 785, §5; Act 2014-330, p. 1221, §1; Act 2015-122, §1.)

§ 16-46-4 False Statements; Promises of Employment; Fraud

No person shall do any of the following:

(1) Make or cause to be made any statement or representation, oral, written, or visual, in connection with the operation of a school or the offering of a course, if such person knows or reasonably should know the statement or representation to be false, inaccurate, or misleading.

(2) Promise or guarantee employment utilizing information, training, or skill purported to be provided or otherwise enhanced by a course or school, unless such person offers the student or prospective student a bona fide contract of employment agreeing to employ the student or prospective student for a period of not less than six months in a business or other enterprise regularly conducted by him or her and in which such information, training, or skill is a normal condition of employment.

(3) Do any act constituting part of the conduct of operating a school or administration of a course or the obtaining of students therefor if such person knows or reasonably should know that any phase or incident of the conduct or operation of the school or administration of the course is being carried on by the use of fraud, deception, or other misrepresentation or by a person or persons operating a school without a license or soliciting students without a permit provided for by this chapter.

(Acts 1971, 3rd Ex. Sess., No. 87, p. 4299, §5; Acts 1980, No. 80-272, p. 349, §1; Act 2014-245, p. 785, §5.)

§ 16-46-5 License for Operation of Schools; Fees; Financial Stability

(a) No private postsecondary institution, except those enumerated in Section 16-46-3, shall operate within this state unless the private postsecondary institution first secures a license from the Department of Postsecondary Education, regardless of whether the private postsecondary institution enrolls Alabama students or has a physical presence within the State of Alabama. Procedures for licensing and bonding of private postsecondary institutions operating courses in separate locations shall be established in the rules and regulations pursuant to Section 16-46-7.

(b) For all applicable private postsecondary schools or institutions that apply for a license and that meet the criteria identified in this section, the Department of Postsecondary Education shall issue a license to be publicly displayed on the premises where the private postsecondary institution operates.

(c) The application for a license for a private postsecondary institution shall be made on forms furnished by the Department of Postsecondary Education.

(d) The State Board of Education shall promulgate a schedule of licensing fees, which may be revised from time to time upon reasonable notice at the discretion of the board. All licensing fees collected from private postsecondary institutions shall be deposited in the State Treasury to the credit of the private school licensing section in the Department of Postsecondary Education.

(e) All private postsecondary institutions, except those enumerated in Section 16-46-3, shall be required to establish financial stability by surety acceptable to the Department of Postsecondary Education in the penal sum of not more than twenty thousand dollars ($20,000). The sum required to provide prepaid tuition liability shall be established by the Department of Postsecondary Education by appropriate regulation pursuant to Section 16-46-7. Financial stability for separate locations shall be provided through the principal base of operations. Such surety shall be continuous and shall be conditioned to provide indemnification to any student suffering loss as a result of any fraud or misrepresentation used in procuring his or her enrollment in and/or administering a course covered by this chapter for the purpose of assuring due and faithful performance of agreements or contracts with students.

(f) A license under this chapter shall be valid for two years from the date on which it was issued.

(g) Regardless of the number of years that a surety is in force, the aggregate liability thereon shall in no event exceed the penal sum of the surety accepted by the Department of Postsecondary Education. The surety may cancel the same upon giving 30 days’ notice in writing to the Department of Postsecondary Education, and thereafter shall be relieved of liability for any breach of condition occurring after the effective date of the cancellation.

(h) Application for a license shall also be accompanied by a financial statement acceptable to the Department of Postsecondary Education and a copy of the current catalog, brochure, or bulletin of the private postsecondary institution, which shall include all of the following:

(1) Identifying data such as volume number, date, and publication.

(2) Name, address, and telephone number of the private postsecondary institution and its governing body, officials, and faculty.

(3) A clear and concise statement of the objectives of the training given by the school.

(4) The exact manner in which the stated objectives are to be attained.

(5) A tuition and refund policy which is in compliance with the appropriate regulation pursuant to Section 16-46-7.

(6) A grievance policy which directs aggrieved students to first attempt to resolve complaints through the appropriate officials of the private postsecondary institution. Student grievances not resolved by the private postsecondary institution shall be referred to the Department of Postsecondary Education.

(7) Such other reasonable information as the Department of Postsecondary Education may impose.

(i) Upon receipt of the required information, the Department of Postsecondary Education may issue a license provided the institution is complying with all of the following standards:

(1) The courses, curriculum, and instructions of the private postsecondary institution are consistent, in quality and content, with recognized educational standards as determined by the Department of Postsecondary Education.

(2) There is available to the private postsecondary institution adequate space, equipment, instructional material, and instructor personnel to provide training of good quality.

(3) Adequate records as determined by the Department of Postsecondary Education are kept to show attendance and student progress. Records shall be available upon request of the student to be furnished prospective employers and other interested parties.

(4) The private postsecondary institution is financially sound and capable of fulfilling its commitments for training.

(5) Private postsecondary institutions or courses domiciled outside Alabama shall designate a state agent who is a resident of this state to service all complaints against the institution.

(6) A student enrollment agreement or contract shall be utilized to set forth clearly all conditions for enrollment in and completion of courses of instruction, itemized course cost, terms of payment, and other conditions the private postsecondary institution may desire to establish. Conditions for forced withdrawal for academic or disciplinary reasons shall be stated. Contracts establishing installment payments with interest charges shall be in compliance with Alabama statutes regarding lending and usury and shall be certified by the Alabama State Banking Department.

(7) The private postsecondary institution shall comply with all local, state, and federal laws and regulations.

(j) Any license applied for pursuant to this section shall be granted, deferred, or denied within 30 days of the receipt of the application therefor by the Department of Postsecondary Education.

(k) The Department of Postsecondary Education may invoke negative actions against any license issued if the holder of the license solicits or enrolls students or administers instructions through fraud, deception, or misrepresentation. Negative actions shall include probation, suspension, and/or revocation.

(l) The fact that a surety is in force pursuant to this section shall not limit nor impair any right of recovery otherwise available under law, nor shall the amount of such surety be relevant in determining the amount of damages or other relief to which any plaintiff may be entitled.

(m) No recovery against any student shall be had on any contract if such private postsecondary institution was not the holder of a license as required by this section at the time that the institution or its representative negotiated the contract for or sold such course.

(n) Private postsecondary institutions which undergo transfer of ownership shall be reviewed to determine that minimum standards remain in effect. The license may not be transferred to new ownership. Financial stability of the new ownership shall be established.

(o) The issuance of a license pursuant to this section shall represent authority to operate an educational institution in Alabama. Licensure may not be advertised as an endorsement or recommendation, but it implies compliance with the laws of Alabama. Advertising may indicate only that the private postsecondary institution is licensed by the state.

(Acts 1971, 3rd Ex. Sess., No. 87, p. 4299, §6; Acts 1980, No. 80-272, p. 349, §1; Act 2004-282, p. 388, §1; Act 2014-245, p. 785, §5.)

§ 16-46-6 Permit for Solicitation of Students

(a) No person representing any private postsecondary institution or other individual or organization offering courses in this state, or from a place of business in this state, whether located within or outside this state, shall sell any course or solicit students therefor in this state for a consideration or remuneration unless a permit is first secured from the Department of Postsecondary Education, with the exception of agents representing schools exempted under Section 16-46-3. If the agent represents more than one school not exempted under Section 16-46-3, a separate permit shall be obtained for each school represented. The application for a permit shall be made on forms to be furnished by the Department of Postsecondary Education and shall be renewed every two years.

(b) Upon satisfactory review of an agent, the Department of Postsecondary Education shall issue a pocket card displaying the signature of the person, facial photo, name and address, the name and address of the employing private postsecondary institution or virtual school, and certifying that the person is an authorized agent of the entity. A permit shall be valid for two years from the date on which it was issued. This permit shall be carried on person when representing the institution or entity as an agent.

(c) Entities utilizing agents shall provide indemnification to any student suffering loss as a result of any fraud or misrepresentation used by the agents in procuring enrollment. This subsection only applies to entities subject to this section and not exempted under Section 16-46-3.

(d) One complimentary agent’s permit may be issued to a designated owner, director, or managerial person of each private postsecondary institution or other entity subject to this section not exempted under Section 16-46-3, that is identified as a principal base of operation.

(e) No person shall be issued a permit to represent any private postsecondary institution or other entity subject to this section and not exempted under Section 16-46-3, whether located within or outside this state, until it has been determined by the Department of Postsecondary Education that the private postsecondary institution or other entity has qualified under the requirements of Section 16-46-5.

(f) Any permit applied for pursuant to this section shall be granted, deferred, or denied within 30 days of the receipt of the application therefor by the Department of Postsecondary Education.

(g) The Department of Postsecondary Education may invoke negative actions against any permit issued pursuant to this section if the holder of the permit solicits or enrolls students through fraud, deception, or misrepresentation or upon a finding that the license to operate the private postsecondary institution or entity represented is revoked or it is determined by the Department of Postsecondary Education that the private postsecondary institution or entity located outside of the state which the holder of the permit represents does not meet the requirements of Section 16-46-5. Negative actions shall include probation, suspension, and/or revocation.

(h) The fact that a surety is in force shall not limit or impair any right of recovery otherwise available under law, nor shall the amount of such bond be relevant in determining the amount of damages or other relief to which any plaintiff may be entitled.

(i) No recovery shall be had on any contract for or in connection with a course by any person selling or administering such course if the representative soliciting the students or selling the course was not the holder of a permit as required by this section at the time that such representative negotiated the contract for or sold such course.

(j) No recovery shall be had on any contract for or in connection with a course by any person or institution holding such a contract who is legally a third party or holding agent for one of the other parties where the selling of the course or the conduct or operation of the entity subject to this section or the administering of the course is carried on by use of fraud, deception, or other misrepresentation or if the person or persons operating the entity subject to this chapter, administering the course, or soliciting students is without a license provided by this chapter.

(k) The issuance of a permit pursuant to this section shall not be deemed to constitute endorsement of any course, person, or institution offering, conducting, or otherwise administering the same. Any representation contrary to this subsection or tending to imply that a permit issued pursuant to this section constitutes such endorsement shall be a misrepresentation within the meaning of this chapter. Permits to sell courses, solicit students, or otherwise represent an entity subject to this section that is located within this state may not be issued unless the entity first obtained a license to operate under Section 16-46-5, nor may permits be issued to represent entities subject to this section that are located outside of the state until it has been determined by the Department of Postsecondary Education that the private postsecondary institution qualifies under the requirements of Section 16-46-5.

(Acts 1971, 3rd Ex. Sess., No. 87, p. 4299, §7; Acts 1980, No. 80-272, p. 349, §1; Act 2004-282, p. 388, §1; Act 2014-245, p. 785, §5.)

§ 16-46-7 Adoption of Rules and Regulations; Advisory Committee

The State Board of Education may adopt rules and regulations for the administration and enforcement of this chapter and shall require the Chancellor to establish an advisory committee of owners or operators of private postsecondary institutions, to which this chapter applies, and of other persons with knowledge in the field to which this chapter applies to advise the Chancellor in the administration of this chapter relating to private postsecondary institutions. The advisory committee may review any action taken or policy established by the Department of Postsecondary Education in the administration of this chapter and may offer recommendations to the Chancellor or State Board of Education. Reimbursement for per diem and travel to advisory committee meetings shall be authorized under this chapter and shall be expended by voucher as required by the Department of Postsecondary Education.

(Acts 1971, 3rd Ex. Sess., No. 87, p. 4299, §8; Acts 1980, No. 80-272, p. 349, §1; Act 2004-282, p. 388, §1; Act 2014-245, p. 785, §5.)

§ 16-46-8 Enforcement Proceedings

The Department of Postsecondary Education may institute such action of law or in equity as may be necessary to enforce this chapter. In addition to any other remedy under this chapter, the Department of Postsecondary Education may apply for relief by injunction, mandamus, or any other appropriate remedy in equity without being compelled to allege or prove that an adequate remedy at law does not otherwise exist. The Department of Postsecondary Education is not required to give or post bond in any action to which it is party, whether upon appeal or otherwise. All legal actions shall be brought against the Department of Postsecondary Education in the name of the Department of Postsecondary Education. The Department of Postsecondary Education may institute an action by its own attorney, but shall have the right, if it deems advisable, to call upon any assistant district attorney or district attorney to represent it in the circuit courts of this state or the Attorney General to represent it on appeal in the appellate courts of this state.

(Acts 1971, 3rd Ex. Sess., No. 87, p. 4299, §9; Acts 1980, No. 80-272, p. 349, §1; Act 2004-282, p. 388, §1; Act 2014-245, p. 785, §5.)

§ 16-46-9 Review by State Board of Education; Review by Circuit Court of Montgomery County

Any person or school or private postsecondary institution aggrieved by the actions of the Department of Postsecondary Education with respect to exemption, issuance, denial, deferral, probation, suspension, or revocation of a license or permit provided for in Sections 16-46-3, 16-46-5, and 16-46-6, may file within 30 days a petition for review by the State Board of Education. The aggrieved person, school, or institution shall then be entitled to a hearing before the State Board of Education. The person, school, or institution may be represented by counsel at the hearing. The aggrieved person, school, or institution may adduce evidence, both oral and documentary, at such hearing and on official record if such hearing shall be transcribed by a qualified court reporter. After the State Board of Education acts on the petition for review, any person, school, or institution aggrieved by the State Board of Education’s actions, within 30 days after receiving notice of any such action, may have such action reviewed by a writ of certiorari by filing in the Circuit Court of Montgomery County, Alabama, a verified petition setting out the specific action or actions of the State Board of Education by which the person, school, or institution is aggrieved. The court shall consider only such matters as are contained in the petition. Upon such petition being filed, a writ of certiorari shall be issued out of the court directly to the State Board of Education requiring it to file with the court the records and transcript of testimony upon which such action or order was made and requiring the board to file an answer to the petition within 30 days of service of the writ. Upon the board filing such answer, the issue shall be joined thereon without further pleading and the case considered on the petition, the records of the board, and the answer filed by the board, but no new or additional evidence shall be taken or heard by the court. If new or additional evidence is discovered by any party, after the hearing of the State Board of Education, the evidence may be made grounds for a motion for a new hearing before the State Board of Education under the rules applicable to similar laws for a new trial in the state courts of Alabama. Such court may suspend or stay such actions of the State Board of Education complained of in such petition, pending final hearing, only upon the petitioner executing a bond in such amount as the court deems reasonably sufficient to pay all costs of appeal if the petition is not sustained. In no case shall the bond be less than the reasonable cost of the transcript of the hearing before the State Board of Education that is being appealed. Upon final hearing, the court shall have jurisdiction to reverse, vacate, or modify the action complained of if, upon the consideration of the issues before the court, the court is of the opinion that the action is unlawful.

(Acts 1971, 3rd Ex. Sess., No. 87, p. 4299, §10; Acts 1980, No. 80-272, p. 349, §1; Act 2004-282, p. 388, §1; Act 2014-245, p. 785, §5.)

§ 16-46-10 Violations of Chapter; Penalties

It shall be unlawful for any person to violate this chapter. Any person required by this chapter to have a license or permit who shall do in this state any business of the nature described in this chapter without first obtaining such a license or permit as required of him or her by this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than five hundred dollars ($500) or a term of imprisonment not to exceed six months, or both. Each day’s violation of this chapter shall constitute a separate offense. All fines shall be deposited in the State Treasury to the credit of the Department of Postsecondary Education.

(Acts 1971, 3rd Ex. Sess., No. 87, p. 4299, §11; Acts 1980, No. 80-272, p. 349, §1; Act 2004-282, p. 388, §1; Act 2014-245, p. 785, §5.)

Chapter 46A Virtual Education

Article 1 General Provisions

§ 16-46A-1 Adoption of Policy Governing Virtual School Program

(a)(1) Before the 2016-2017 school year, each local board of education shall adopt a policy providing, at a minimum, a virtual education option for eligible students in grades nine to 12, inclusive, beginning with that school year.

(2) Any virtual school operating in this state that provides educational services to public school students shall comply with this article.

(b) The policy adopted by the local board of education pursuant to this article shall govern the virtual school program offered by the local board of education. The policy shall offer students in grades nine to 12, inclusive, an online pathway for earning a high school diploma and, at a minimum, shall include all of the following:

(1) The scope and delivery of virtual options.

(2) Student eligibility criteria for initial and continuing participation in the virtual program.

(3) Specific requirements for monitoring performance and testing protocol consistent with this article.

(4) Attendance requirements, if any.

(c) A local board of education shall not be required to utilize a state program or vendor for the provision of virtual school options.

(d) For the purposes of this article, a dependent of a member of the United States Armed Forces who has received orders to relocate to this state shall be considered a resident of this state and the applicable local school system.

(Act 2015-89, p. 300, §1; Act 2020-68, §1.)

§ 16-46A-2 Enrollment; Participation and Attendance; Online Course Requirements

(a) A full-time student enrolled in a virtual program shall be enrolled and counted in the average daily membership of the local school, participate in state testing and accountability requirements through the local school system, and, upon satisfying the graduation requirements of the local board of education, receive a diploma from the local school system.

(b) Any provision of this article to the contrary notwithstanding, a student enrolled in a virtual school program offered by his or her local school system shall be treated as if he or she is attending his or her local school in the attendance zone in which they reside for purposes of participating in extracurricular activities and shall be subject to the same requirements, including Alabama High School Athletic Association rules, imposed on a traditional public school student enrolled in the traditional public school.

In addition, if local board of education policy permits inter-system transfer for all students, a student enrolled under this policy shall be treated as if he or she is attending his or her school of record for the purposes of participating in extracurricular activities and shall be subject to the same requirements, including Alabama High School Athletic Association rules, imposed on a traditional public school student enrolled in the traditional public school.

(c) A board of education shall be exempt from any provision of general law, local law, or administrative rule that applies to the traditional delivery of instruction including, but not limited to, requirements relating to the physical presence of a student, student monitoring and security, staffing requirements, transportation obligations, facility requirements, space and location requirements, time requirements, and physical education requirements to the extent any of the foregoing conflict with the delivery of the virtual program.

(d) A local board of education is not subject to online course restrictions imposed by the State Department of Education.

(e) Any online course delivery that is not supported by the State Department of Education shall be accredited by an institution recognized pursuant to administrative rule adopted by the department.

(f) Coursework offered through a virtual program shall contain the required content as identified in the applicable Alabama course of study.

(Act 2015-89, §2.)

§ 16-46A-3 Duties of State Department of Education

The State Department of Education shall provide a repository of quality content and curriculum for local boards of education providing virtual education. The department shall continue to provide its virtual platform Alabama Connecting Classrooms, Educators, and Students Statewide (ACCESS), which shall be available to local school systems at no local cost, and shall include, at a minimum, required courses necessary for students in grades nine to 12, inclusive, to graduate.

(Act 2015-89, §3.)

§ 16-46A-4 Legislative Task Force

(a) A legislative task force representing local school superintendents, local school board members, administrators, teachers, and technology practitioners is established to review and make recommendations for realigning the funding, structure, and curriculum of the ACCESS program and to aid in the implementation of this article. The task force shall consist of all of the following:

(1) Four members, with two appointed by the Chair of the Senate Education and Youth Affairs Committee and two appointed by the Chair of the House of Representatives Education Policy Committee.

(2) Two members, with one appointed by the Chair of the Senate Finance and Taxation Education Committee and one appointed by the Chair of the House of Representatives Ways and Means Education Committee.

(3) Two members appointed by the Governor.

(4) Two members appointed by the State Superintendent of Education.

(5) One representative from each of the following: The Alabama Association of School Boards, the School Superintendents of Alabama, the Council for Leaders in Alabama Schools, the Alabama Educational Technology Association, and the Office of Educational Technology of the State Department of Education.

(b) The membership of the task force shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

(c) At the organizational meeting of the committee, the members shall select a chair and a vice chair. The chair of the committee may create advisory subcommittees and appoint members thereto, which may include members of the committee, representatives from governmental agencies, and members of the public with interest and expertise in the objectives of the committee.

(d) The committee shall thereafter meet at the call of the chair or any majority of the members thereof; provided, that the committee shall meet at least once each four months. The committee may meet, act, and conduct its business at any place within this state during the sessions of the Legislature or any recess thereof and in the interim period between sessions. Each legislative member of the committee or any subcommittee, if created, shall be entitled to his or her legislative compensation, per diem, and travel as provided in Amendment 871 of the Constitution of Alabama of 1901.

(e) The task force shall report its findings and recommendations to the Legislature on or before the 2016 Regular Session, and then shall meet as needed to fulfill the purposes of this article.

(Act 2015-89, §4.)

Article 2 State Required Assessments

§ 16-46A-10

(a) Commencing with the 2025-2026 school year, and subject to the availability of funds, any virtual school or program operating in this state may administer state required assessments in a virtual setting that aligns with the regular academic instruction of the student, subject to all of the following conditions:

(1) The assessment is administered to the student on an assigned date and at an assigned time.

(2) The student attends a synchronous assessment session initiated and managed by personnel designated by the virtual school or program.

(3) The assessment is administered to the student through a device that permits the assessment proctor to monitor the student by video for the entire duration of the assessment administration.

(4) If the assessment platform does not allow integrated camera proctoring, the student uses two devices for the entire duration of the assessment administration: one device on which the student takes the assessment and a second device which allows the assessment proctor to monitor the student via a camera. If the assessment platform allows for the assessment proctor to view the student and background, a second device is not required.

(5) The virtual school or program maintains a student assessment taker to assessment proctor ratio of 10 to one or lower.

(6) The student does not exit the assessment administration area until instructed to do so by the assigned assessment proctor.

(7) Submission of the assessment is verified by the assessment proctor.

(b) This section shall not apply to either of the following:

(1) Public institutions of higher education.

(2) College readiness or workforce readiness assessments provided by a national college and career readiness assessment provider until those assessments are available via remote access.

(c) Any individual who administers an assessment or serves as an assessment proctor pursuant to this section shall be a teacher who holds a valid Alabama professional education certificate.

(Act 2024-209, §1.)

Chapter 46B Computer Science Education

§ 16-46B-1 Definitions

AMENDED BY ACT 2026-507, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

For the purposes of this chapter, the following terms shall have the following meanings:

(1) BOARD. The State Board of Education.

(2) COMPUTER SCIENCE. The study of computers and algorithmic processes, including their principles, their hardware and software designs, their implementation, and their impact on society. Content should focus on teaching students how to create new technologies, not simply how to use technology.

(3) COMPUTER SCIENCE COURSES AND CONTENT. Courses that teach computer science either as a standalone course implementation in middle and high schools, or, for elementary school, integrated into other content areas.

(4) DEPARTMENT. The State Department of Education.

(5) ELEMENTARY SCHOOL. Includes grades kindergarten to six, inclusive.

(6) HIGH QUALITY PROFESSIONAL LEARNING. Professional development activities that satisfy all of the following:

a. Clarify the conceptual foundations of computer science.

b. Teach research-based practices, including hands-on and inquiry-based learning.

c. Are intended for existing teachers, with or without previous exposure to computer science.

(7) HIGH QUALITY PROFESSIONAL LEARNING PROVIDERS. Institutions of higher education, nonprofits, or private entities that have successfully designed, implemented, and scaled high quality, evidence-based computer science professional learning for teachers and recommended by the superintendent and approved by the board.

(8) HIGH SCHOOL. Includes grades nine to 12, inclusive.

(9) MIDDLE SCHOOL. Includes grades seven and eight.

(10) PUBLIC SCHOOL. Includes public K-12 elementary schools, middle schools, and high schools.

(11) SUPERINTENDENT. The State Superintendent of Education.

(Act 2019-389, §1.)

§ 16-46B-2 Computer Science Course or Instruction Requirements

AMENDED BY ACT 2026-507, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a)(1) Beginning in the 2020-2021 school year, each public high school shall offer at least one authentic computer science course from a department-approved list.

(2) Beginning in the 2021-2022 school year, each public middle school shall offer instruction in middle school computer science courses approved by the department.

(3) Beginning in the 2022-2023 school year, each public elementary school shall offer instruction on the basics of computer science and computational thinking.

(b) A computer science course or instruction in computer science offered by a public school shall satisfy all of the following:

(1) Be of high quality, as defined by the department.

(2) Meet or exceed the standards and curriculum requirements, as they relate to authentic computer science, established by the board in the state course of study for digital literacy and computer science pursuant to Section 16-35-4 and be on the approved list of computer science courses.

(c) A computer science course offered by a public high school should be offered through an in-person setting and shall be offered as a virtual or distance learning course option only when an in-person classroom setting is not practicable. A rationale for using the virtual or distance learning option shall be included in the annual report.

(d) The enforcement of this section shall comply with Section 16-1-11.1.

(Act 2019-389, §2.)

§ 16-46B-3 Funding for Teacher Professional Learning Programs

(a) Subject to appropriation from the Legislature, funds shall be appropriated to the department and the department shall allocate those funds to eligible entities to develop and implement teacher professional learning programs for the required computer science courses and content.

(b) For the purposes of this section, eligible entities shall include high quality computer science professional learning providers, including institutions of higher education physically located in the state, nonprofits dedicated to providing high quality computer science professional learning as determined by the superintendent, and private entities.

(c) For the purposes of this section, eligible entities do not include a local education agency or a consortium of local education agencies.

(d) Eligible uses of funds appropriated for computer science professional learning are as follows:

(1) High quality professional learning for K-12 computer science content, stipends for attending professional learning, traveling to professional learning activities, and participating in mentoring and coaching.

(2) Credentialing for K-12 computer science teachers, including course-specific permits and computer science endorsements pursuant to Section 16-46B-6.

(3) Creation of resources to support implementing computer science activities in the classroom. These resources may be developed during computer science professional learning workshops or at other times outside of the teacher instructional day.

(4) Recruiting students to enroll in high quality computer science coursework.

(5) Software. Funding may not be used for hardware and equipment.

(e) As a condition of receiving computer science professional learning funds, eligible entities shall submit an application to the department. The application, at a minimum, shall address how the entity plans to do all of the following:

(1) Reach inservice or preservice, or both, teachers with little to no computer science background who are presently teaching, or interested in teaching, high quality computer science courses in a public school.

(2) Use research-based or evidence-based practices for high quality professional learning.

(3) Focus professional learning on the conceptual foundations of computer science.

(4) Reach and support teachers who serve students who are underrepresented in computer science.

(5) Provide teachers experience with hands-on, inquiry-based practices for teaching computer science.

(6) Accommodate students with special needs in each district and school.

(7) Ensure that participating schools begin offering the courses or content, or both, within the same or no later than the next school year following the teacher receiving the professional learning.

(8) Confirm that the proposed curriculum is available on multiple platforms, so that teachers and students may access and use the curriculum on multiple devices.

(f) The department shall prioritize the following applications, in no specific order of preference:

(1) Institutions of higher education that are physically located in the state that are working with providers of high quality computer science professional learning.

(2) Proposals that describe strategies to enroll teachers in high quality computer science professional learning activities that will lead to more females and underrepresented minorities, students with significant economic barriers to academic success, students with disabilities, and English language learners enrolling in high quality computer science courses in public schools.

(3) Proposals from rural or urban areas with a low concentration of K-12 computer science offerings.

(4) Nonprofits dedicated to providing high quality computer science professional learning or private entities working in partnership with local education agencies.

(g) Any monies appropriated to the department not disbursed by the end of the fiscal year shall not revert and shall not be used for purposes not described in this section.

(h) Metrics.

(1) Not later than September 30 of each year, eligible entities receiving funds appropriated for computer science professional learning shall submit a computer science expansion data report to the department. The report, at a minimum, shall include all of the following information:

a. The number of teachers trained.

b. The grade levels for which those teachers were trained.

c. The schools in which those teachers were trained.

(2) Not later than September 30 of each year, each school that has received computer science professional learning shall submit a computer science expansion data report to the department. The report, at a minimum, shall include all of the following information:

a. The number of students enrolled in high quality computer science courses taught by a teacher trained in a high quality professional activity conducted during that year.

b. The number of students offered a computer science course through a virtual or distance learning course option and assurances that these settings shall continue to work towards in-person course options where students are taught by a trained teacher. A rationale for using the virtual or distance learning option shall be included in the annual report.

c. The aggregate gender, racial, and socioeconomic diversity of the students described in paragraph a.

d. The number of and diversity of students with a score of three or above on advanced placement examinations for high school advanced placement computer science courses, and the number of diverse students who earn postsecondary graduate credit for completing a dual enrollment course provided by an institution of higher education physically located in the state while that student is enrolled in high school. This student data shall be provided annually in the report in the year following the academic year of course completion.

e. The number of teachers that began implementing computer science as a result of attending a high quality computer science professional learning activity that year versus the number of teachers attending a high quality computer science professional learning activity who were already teaching high quality computer science courses at the middle or high school level.

(3) On or before December 1 of each year, the department shall post all computer science expansion data reports received on the website of the department.

(4) On or before June 30, 2020, the department shall establish the position of state computer science specialist and shall designate an individual to serve in that position. Among other duties, the specialist shall review the reports to ensure the requirements delineated in subdivisions (1) and (2) are satisfied.

(Act 2019-389, §3.)

§ 16-46B-4 Digital Literacy and Computer Science Standards

(a) Before the beginning of the 2020-2021 school year, the department shall develop and the board shall approve, pursuant to Chapter 35 of this title, a rigorous K-12 course of study for digital literacy and computer science and shall consider existing computer science frameworks and content standards including, but not limited to, the K-12 computer science framework and the K-12 computer science content standards developed by the Computer Science Teachers Association.

(b) To ensure continuity in early learning, the department and the Department of Early Childhood Education may form a committee to create developmentally appropriate technology content standards for prekindergarten students.

(Act 2019-389, §4.)

§ 16-46B-5 Computer Science Education Task Force

(a) The Governor shall establish a computer science education task force to develop a state strategic plan for expanding computer science education in the public schools in Alabama.

(b) The membership of the task force shall include all of the following:

(1) One member of the House of Representatives, as appointed by the Speaker of the House, and one member of the Senate, as appointed by the President Pro Tempore of the Senate.

(2) A representative of the board, as appointed by the board.

(3) The state computer science specialist and two additional representatives of the department, as appointed by the superintendent.

(4) A representative of the Department of Early Childhood Education, as appointed by the secretary.

(5) A representative of the Alabama Community College System, as appointed by the board of trustees of the system.

(6) A representative of the Alabama Workforce Council, as appointed by the council.

(7) A representative of the Alabama Education Association, as appointed by the executive director.

(8) A representative of the Alabama Association of School Boards, as appointed by the executive director.

(9) A representative of the School Superintendents of Alabama, as appointed by the executive director.

(10) A representative of the Council for Leaders in Alabama Schools, as appointed by the board of directors.

(11) A representative of A Plus Education Partnership, as appointed by the board of directors.

(12) A representative of the Business Education Alliance of Alabama, as appointed by the president.

(13) The education policy advisor to the Governor.

(14) A representative of the Alabama Workforce Development Board, as appointed by the board.

(15) Two geographically and sector diverse industry representatives, including individuals with software and computer science specific focus, as appointed by the Governor.

(16) A representative of Alabama historically black colleges and universities, as appointed by the Lieutenant Governor.

(17) Two representatives from four-year colleges and universities, as appointed by the Executive Director of the Alabama Commission on Higher Education.

(18) One teacher leader from a statewide association representing computer science teachers and three computer science teachers with representation from the grade bands of high school, middle school, and elementary school, as appointed by the superintendent.

(19) Two curriculum and professional development providers, as appointed by the superintendent.

(20) Other representatives as determined by the Governor.

(c) All appointing authorities shall coordinate their appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state. Members of the task force shall serve without compensation. The expenses of members who are legislators may be paid out of any funds appropriated to the Legislature or out of any funds appropriated for joint interim committees of the Legislature, but in the amounts as if they were performing legislative duties.

(d) The superintendent, in consultation with the task force, shall develop a state strategic plan for a statewide computer science education initiative including, but not limited to, all of the following:

(1) A statement of purpose that describes the objectives or goals the department desires to accomplish by implementing a computer science education initiative, the strategies by which those goals shall be achieved, and a timeline for achieving those goals.

(2) A summary of the current state landscape for K-12 computer science education, including metrics on the diversity of students taking those courses.

(3) A plan for expanding computer science education opportunities to every school in the state within five years as provided in Section 16-46B-2.

(4) A plan for the development of rigorous standards and curriculum guidelines for K-12 computer science, including ways to incorporate computer science into existing standards at the elementary school level, as appropriate.

(5) A plan for defining high quality computer science professional learning for preservice teachers and inservice teachers seeking a computer science endorsement or course specific permit, as provided in Section 16-46B-6.

(6) An ongoing evaluation process of the computer science initiative that is overseen by the superintendent in consultation with the task force.

(7) Proposed rules that incorporate the principles of the state strategic plan for computer science education into the public education system of the state.

(8) A plan to ensure long term sustainability of the computer science initiative.

(9) A plan for the task force to annually review and make recommendations to the superintendent for approved computer science professional learning to satisfy requirements for the computer science permit.

(e) On or before December 31, 2019, the superintendent, after consultation with the task force, shall present the state strategic plan for computer science education to the Chair of the House Education Policy Committee and the Chair of the Senate Education Policy Committee.

(f) The task force shall perpetuate after the deadline provided in subsection (e), at the pleasure of the Governor, for the purposes of carrying out subdivision (6) of subsection (d). Members of the task force shall serve at the pleasure of the Governor after the deadline provided in subsection (e).

(g) The superintendent shall implement this chapter within the department, including the development and implementation of the state strategic plan for computer science education.

(Act 2019-389, §5.)

§ 16-46B-6 Duties of Department

Before June 30, 2020, the department shall create all of the following:

(1) A secondary computer science certification pathway for preservice teachers.

(2) An endorsement in computer science for all teachers who hold a valid Professional Educator Certificate and demonstrate sufficient content knowledge in the course material as determined by the department. Upon passing the Praxis, this certification does not have a two-year time and service requirement to begin teaching.

(3) A course-specific permit for teachers without a secondary computer science certification or endorsement, who hold a valid Professional Educator Certificate. The course-specific permit shall be issued upon the completion of a nationally recognized professional learning course that is linked to a recognized high quality middle school or high school computer science course or an approved preservice computer science pathway offered at an institution of higher education for a specific permitted course. The state computer science specialist shall maintain a vetted list of supported professional learning opportunities aligned to K-12 Computer Science Teachers Association (CSTA) standards and advanced placement computer science course and exam descriptions in computer science that are linked to recognized high quality computer science courses offered at the middle school and high school levels. The course-specific permits shall only be issued to teach a course on the vetted list by a teacher who has completed professional learning courses linked to the vetted list, as determined by the state computer science specialist.

(4) Career and technical education certificate options shall remain in place to provide business, industry, and other postsecondary noneducation certified graduates with the opportunity to teach computer science courses.

(Act 2019-389, §6.)

§ 16-46B-7 Graduation Requirements

AMENDED BY ACT 2026-507, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Before June 30, 2020, and in accordance with Section 16-35-4, the department shall identify approved computer science courses that may fulfill one unit of academic credit for any mathematics or science course for high school graduation.

(b) Beginning with the graduating class of 2021, for the purposes of high school graduation requirements and satisfying mathematics or science freshman admission requirements for a public institution of higher education physically located in this state, as determined by the institution of higher education, a computer science course successfully completed under subsection (a) shall be equivalent to either of the following:

(1) One mathematics course credit.

(2) One science course credit.

(Act 2019-389, §7.)

§ 16-46B-8 Incorporation of Computer Science into Alabama Math and Science Teacher Education Loan Repayment Program

(a) Subject to appropriations from the Legislature, the teaching field of computer science shall be added to the list of eligible subject areas identified within the Alabama Math and Science Teacher Education Loan Repayment Program (AMSTEP), Article 3, commencing with Section 16-5-50, Chapter 5 of this title, with the following exceptions:

(1) Computer science recipients shall be eligible to receive a total of three thousand dollars ($3,000) per year or one thousand five hundred dollars ($1,500) per semester worked.

(2) Computer science teachers are not eligible to receive the acute shortage area supplement, until such time as the Alabama Commission on Higher Education and the State Department of Education concur that there is sufficient need or resources, or both, available to allow its inclusion.

(b) The Alabama Commission on Higher Education may adopt any rules necessary for the incorporation of the teaching field of computer science into AMSTEP within the parameters provided by this section.

(Act 2019-389, §8.)

Chapter 46C Extended Learning Opportunity Act

§ 16-46C-1 Short Title

This chapter shall be known and may be cited as the Extended Learning Opportunities Act.

(Act 2021-428, §1.)

§ 16-46C-2 Legislative Findings

The Legislature finds and declares all of the following:

(1) Students attending schools in this state would benefit from experiencing extended learning opportunities outside of the traditional classroom.

(2) Students are capable of learning both inside and outside of the traditional classroom.

(3) Students should earn credit for approved extended learning opportunities that facilitate their mastery of required skills or fulfilling state standards.

(Act 2021-428, §1.)

§ 16-46C-3 Definitions

For the purposes of this chapter, the following terms shall have the following meanings:

(1) EXTENDED LEARNING OPPORTUNITY. An out-of-classroom learning experience, approved by the State Board of Education, a local board of education, or a public charter school, which provides a student with any of the following:

a. Enrichment opportunities.

b. Career readiness or employability skills opportunities, including internships, pre-apprenticeships, and apprenticeships.

c. Any other approved educational opportunity.

(2) STUDENT. Includes elementary and secondary school students attending K-12 non-charter public schools and public charter schools, as those schools are defined in Section 16-6F-4.

(Act 2021-428, §1.)

§ 16-46C-4 Participation in Extended Learning Opportunities

Commencing with the 2021-2022 school year, the State Board of Education and each local board of education and public charter school shall routinely inform students and their parents of the ability to earn credit for participating in extended learning opportunities. Employees of the State Board of Education, local boards of education, and public charter schools may assist students and their parents in completing any enrollment processes required for participating in approved extended learning opportunities. Permission is not required from the local board of education or public charter school in which the student is enrolled and attending for a parent to enroll his or her student in any approved extended learning opportunity; however, before participating in an extended learning opportunity, both parent and student shall sign an agreement detailing all program requirements, in a form provided by the State Board of Education.

(Act 2021-428, §1.)

§ 16-46C-5 Elective Credit Toward Graduation Requirements; Adoption of Policy; Approved Entities; Certificate of Completion and Credit

(a) An extended learning opportunity shall count as elective credit toward graduation requirements and the achievement of applicable state standards for students, upon approval of the extended learning opportunity by the State Board of Education, a local board of education, or public charter school. To receive credit, a student shall submit a written request for credit and proof of successful completion of the approved extended learning opportunity to the designated administrator of the school he or she is attending. The State Board of Education shall adopt, and each local board of education and public charter school shall distribute and implement, an extended learning opportunities policy that provides all of the following:

(1) An application process for accepting and approving extended learning opportunities offered for credit by outside entities.

(2) A list of entities that are eligible to submit applications for offering extended learning opportunities. Eligible entities shall include, but not be limited to, all of the following:

a. Nonprofit organizations.

b. Businesses with established locations in the state.

c. Trade associations.

d. Any of the Armed Forces of the United States, subject to applicable age requirements.

(3) A process for students to follow for requesting credit.

(4) Criteria the local board of education or public charter school shall use to determine whether a proposed extended learning opportunity shall be approved to count toward credit.

(5) Criteria the local board of education or public charter school shall use to award a student a certificate of completion and credit for completing an approved extended learning opportunity. The criteria shall include, but not be limited to, allowing a student to demonstrate competencies through performance-based assessments and other methods independent of instructional time and credit hours.

(b) An entity approved by the State Board of Education to offer an extended learning opportunity shall be automatically qualified to offer that extended learning opportunity for all local boards of education and public charter schools in the state.

(c) A student who successfully completes an approved extended learning opportunity, and satisfies criteria established for the award of a certificate of completion and credit pursuant to subdivision (a)(5), shall be considered to have completed all of the required coursework for the particular course. If an approved extended learning opportunity satisfies all required coursework for a high school course, the student shall also be considered to have satisfied the equivalent number of credits toward his or her graduation requirements.

(Act 2021-428, §1.)

§ 16-46C-6 Equal Opportunity Requirements

Any policy or procedure adopted by the State Board of Education, a local board of education, or a public charter school for participating in an extended learning opportunity shall provide every student an equal opportunity to participate and satisfy established time lines and requirements for purposes of transcribing credits and state reporting.

(Act 2021-428, §1.)

§ 16-46C-7 Rulemaking Authority

The State Board of Education shall adopt rules as necessary to implement this chapter.

(Act 2021-428, §1.)

Chapter 46D Move on When Ready Act

§ 16-46D-1 Short Title

This chapter shall be known and may be cited as the Move on When Ready Act.

(Act 2025-412, §1(a).)

§ 16-46D-2 Definitions

As used in this chapter, the following words have the following meanings:

(1) ACCS. The Alabama Community College System.

(2) DEPARTMENT. The State Department of Education.

(3) ELIGIBLE INSTITUTION or INSTITUTION. Each of the following:

a. Any two-year public institution of higher education in the state, including postsecondary technical colleges, trade schools, community colleges, and junior colleges.

b. Any four-year public institution of higher education, provided that institution chooses to participate in the program.

(4) ELIGIBLE STUDENT. A student entering 11th or 12th grade who spent the prior school year in attendance at a public high school in this state and meets the eligibility criteria adopted pursuant to this chapter.

(5) FUND. The Move on When Ready Fund created by Section 16-46D-7.

(6) PROGRAM. The arrangement authorized by this chapter whereby an eligible student takes all of his or her courses, as approved by Section 16-46D-6, at an eligible institution and receives secondary credit from his or her high school with the goal of completing graduation and high school diploma requirements.

(7) SECONDARY CREDIT. High school credit for courses taken at an eligible institution under the program.

(8) STATE BOARD. The State Board of Education.

(Act 2025-412, §1(b).)

§ 16-46D-3 Participation in Program; Failure to Complete High School Diploma Requirements; Dual Enrollment

(a) Any eligible student may apply to an eligible institution to take courses at that institution which are approved for secondary academic credit pursuant to Section 16-46D-6. If accepted at an eligible institution, an eligible student may take any approved course at that institution, whether or not the course is taught during the regular public school day, and receive secondary credit. While taking courses at an eligible institution, a student shall be considered a student of that institution and may not take any courses at his or her high school or participate in any school activities, including extra-curricular activities. An eligible institution that accepts an eligible student under the program may not receive any state funds for that student unless the institution complies with the requirements of this chapter.

(b) An eligible student who enrolls in the program shall not be counted as a high school dropout on the state report card if the student fails to complete the requirements for a high school diploma.

(c) Nothing in this chapter shall affect or otherwise replace any existing law or funding from the Legislature relating to dual enrollment practices as of October 1, 2024.

(Act 2025-412, §1(c).)

§ 16-46D-4 Development and Adoption of Program Rules

Except as otherwise provided, the state board shall consult with the Board of Trustees of ACCS and the Alabama Commission on Higher Education’s Council of Presidents in developing and adopting rules regarding the program, including, but not limited to:

(1) Eligibility criteria for program participation, including applicable state and federal testing requirements for eligible students participating in the program; and

(2) The development of appropriate forms and counseling guidelines for the program.

(Act 2025-412, §1(d).)

§ 16-46D-5 Duties of Local Boards of Education

(a) No later than April 1 of each year, each local board of education shall provide general information about the program, including the appropriate forms, to all middle school, 9th, 10th, and 11th grade students in the district. The state board shall make the appropriate forms and guidelines available to all local boards of education and eligible institutions.

(b) Each local board of education shall also provide counseling services in accordance with the counseling guidelines to its students and their parents or guardians before a student may enroll in the program. Prior to participating in the program, a student and his or her parent or guardian shall sign the form provided by the local board of education, or by an eligible institution, stating that they have received the counseling specified in this subsection and that they understand the responsibilities that shall be assumed in participating in the program.

(Act 2025-412, §1(e).)

§ 16-46D-6 Move on When Ready Program

(a)(1) Each local board of education shall grant academic credit to an eligible student enrolled in a course at an eligible institution if that course has been approved pursuant to subdivision (2) and if the student successfully completes that course.

(2) The state board and representatives of each participating eligible institution shall collaborate to approve courses for inclusion in the program. Any course that is substantially comparable to a high school course approved by the state board, other than a remedial or summer school course, shall be approved. Co-requisite courses may be approved for inclusion in the program, provided that a student may only receive one secondary credit for the completion of both the co-requisite course and the companion college-level course.

(3) The secondary credit granted shall be for the comparable high school course

(b) Secondary school credits granted for eligible institution courses shall be counted toward graduation requirements and subject area requirements of the local board of education. Evidence of successful completion of each course and secondary credits granted shall be included in the eligible student’s high school transcript. Secondary credit for postsecondary courses shall be awarded in the same manner as credits for dual enrollment courses.

(c) Students who successfully complete a course that is not approved under subsection (a) may receive secondary credit for purposes of satisfying an elective credit.

(d) The state board shall establish rules to require local boards of education to award a high school diploma to any eligible student who is enrolled at an eligible institution under the program, provided that the credit earned at the institution satisfies course requirements needed for the eligible student to complete high school graduation.

(Act 2025-412, §1(f).)

§ 16-46D-7 Move on When Ready Fund

(a) The Move on When Ready Fund is created within the State Treasury. The Executive Director of the Alabama Commission on Higher Education shall administer the fund. The executive director shall use the fund to pay eligible institutions the lesser of the following amounts for each participating eligible student enrolled therein, less a records fee of two hundred dollars ($200) for the administration costs of the local board of education:

(1) The actual cost of tuition, materials, and fees directly related to the courses taken by the eligible student at the institution; or

(2) The amount that the participating eligible student would have earned if he or she had been in equivalent instructional programs through the local board of education, calculated pursuant to subsection (b).

(b) The total allotment of funds to the local board of education in which a participating student is enrolled at an eligible institution shall be calculated as otherwise provided in this title, provided that during the student’s second year in the program, the calculation shall include an ensuing reduction equivalent to the amount paid from the fund to the eligible institution pursuant to this section.

(c) The records fee contained in subsection (a) may be increased at the sole discretion of the state board by up to four percent annually.

(d) Any monies appropriated to the fund shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4 of Chapter 4 of Title 41 and only in the amounts provided by the Legislature in the general appropriations act or other appropriations act.

(Act 2025-412, §1(g).)

§ 16-46D-8 Eligibility for Other State Student Financial Aid

A student enrolled in an eligible institution for secondary credit shall not be eligible for any other state student financial aid for courses taken under the program.

(Act 2025-412, §1(h).)

§ 16-46D-9 Payment for Coursework of Eligible Student

An eligible institution may not charge an eligible student for coursework taken pursuant to this program and shall accept the payment made pursuant to Section 16-46D-7 as full payment for the eligible student.

(Act 2025-412, §1(i).)

§ 16-46D-10 Violations

Any person who knowingly makes or furnishes any false statement or misrepresentation, or who accepts a statement or misrepresentation knowing it to be false, for the purpose of enabling an eligible institution to wrongfully obtain any payment under this chapter shall be guilty of a misdemeanor.

(Act 2025-412, §1(j).)

§ 16-46D-11 Annual Report

No later than July 1 of each year, the department, in consultation with the ACCS and the Alabama Commission on Higher Education’s Council of Presidents, shall prepare and publish a report about the impact of the program during the previous academic year. The report shall include, but not be limited to, information about the number of students in each school district who participate in the program and the number of students who successfully complete the program, graduate from high school, and earn a postsecondary credential.

(Act 2025-412, §1(k).)

Chapter 47 University of Alabama

Article 1 General Provisions

§ 16-47-1 Body Corporate

The Governor and the State Superintendent of Education, by virtue of their respective offices, the trustees heretofore appointed from the different congressional districts of the state under the provisions of Section 264 of the constitution and such other members as may be from time to time added to the board of trustees and their successors in office are constituted a body corporate under the name of “the Board of Trustees of the University of Alabama,” to carry into effect the purposes and intent of the Congress of the United States in the grant of lands by the act of April 20, 1818, and of the act of March 2, 1819, to this state, to be by it held and administered for the benefit of a seminary of learning.

(School Code 1927, §543; Code 1940, T. 52, §486.)

§ 16-47-2 Corporate Powers Generally

Such corporation shall have all the rights, powers and franchises necessary to or promotive of the end of its creation and shall be charged with all the corresponding duties, liabilities and responsibilities.

(School Code 1927, §544; Code 1940, T. 52, §487.)

§ 16-47-3 Power to Hold and Dispose of Property

Such corporation may hold and may lease, sell or in any other manner not inconsistent with the object or terms of the grant or grants under which it holds dispose of any property, real or personal, or any estate or interest therein, remaining of the original or any subsequent grant by Congress, or by this state, or by any person, or accruing to the corporation from any source, including also the proceeds of the University Fund, as to it may seem best for the purposes of its institution.

(School Code 1927, §545; Code 1940, T. 52, §488.)

§ 16-47-4 University Fund

The fund designated as the University Fund consists of the sum of $36,000.00 per annum as interest on the funds of the University of Alabama, heretofore covered into the Treasury, for the maintenance and support of said institution, which said sum of $36,000.00 shall be paid to the duly authorized agent of the university as hereinafter provided; and the further sum of $25,000.00, annually, is added to and made a part of the University Fund.

(School Code 1927, §546; Code 1940, T. 52, §489.)

§ 16-47-5 Grants and Gifts Preserved

No grant or gift, by will or otherwise, shall fail on account of any misnomer or informality, when the intention of the grantor or donor can be ascertained; nor shall any default or malfeasance on the part of the trustees or other officers or agents of such corporation work a forfeiture of any of its rights, powers, privileges or franchises.

(School Code 1927, §547; Code 1940, T. 52, §490.)

§ 16-47-6 Rights, Franchises, Properties and Privileges Retained

In addition to the rights, properties, privileges and franchises herein granted, all rights, properties, privileges and franchises heretofore by any act of the Legislature granted to or vested in the University of Alabama shall vest and continue in such corporation.

(School Code 1927, §548; Code 1940, T. 52, §491.)

§ 16-47-7 Books May Be Furnished Law Department

The justices of the Supreme Court are authorized from time to time to set apart and turn over to the law department of the university copies of such secondhand or superseded law books, known as textbooks, as they may deem expedient, the marshal and librarian taking proper receipts therefor.

(School Code 1927, §557; Code 1940, T. 52, §498.)

§ 16-47-8 Code and Reports Furnished Law Department

The Secretary of State shall supply to such law department 10 copies of the Code of Alabama and one copy of the quarterly reports of the opinions of the Attorney General, as the same may from time to time be published.

(School Code 1927, §558; Code 1940, T. 52, §499.)

§ 16-47-9 Additional Copies of the State Publications Furnished Law Department for Exchange

The Secretary of State shall furnish to the School of Law of the University of Alabama, in addition to those furnished for use therein, as many copies, but not to exceed 60 each, of all reports and publications of the State of Alabama and its several departments, agencies and institutions, including, the Alabama Code, general and local acts, Senate and House journals and other legislative documents as may be requested by the dean of the school for use in exchange with the several states or territories of the United States, the Dominion or provinces of Canada, the Republic of Mexico, the Philippine Republic, the Republic of South Africa, the Australian Commonwealth or the Dominion of New Zealand, or any of the departments, agencies or institutions thereof for similar reports and publications of each of those states, territories or nations; provided, that exchanges shall not be made to secure more than one copy of any publication.

This section shall apply to existing stocks of all such reports and publications that are not already reserved or set aside by law for a specific purpose, to all such reports and publications hereafter printed or published and to all reports and publications which the state is able to purchase at a predetermined price; but no reprint of any report or publication shall be undertaken to supply copies thereof for exchange purposes.

(Acts 1947, No. 300, p. 151, §§ 1, 2.)

§ 16-47-10 Police Officers - Appointed by President; Powers and Duties Generally

The president of the university may appoint or employ one or more suitable persons to act as police officers to keep off intruders and prevent trespass upon and damage to the property of the university. Such person shall be charged with all the duties and invested with all the powers of police officers. The officer may eject trespassers from the university buildings and grounds. The officer may, without warrant, arrest persons who commit disorderly conduct, or trespass on the property of the institution, or in any circumstance in which an arrest by a police officer without a warrant is authorized by law, and carry them before the nearest district court or municipal court charged with the trial of such offenders. Upon proper affidavit charging the offense, the person arrested may be tried by the court and convicted as in case of persons brought before the court on a warrant. The officer or officers may summon a posse comitatus.

(School Code 1927, §559; Code 1940, T. 52, §500; Acts 1995, No. 95-554, p. 1159, §1.)

§ 16-47-11 Police Officers - Extended Jurisdiction

(a) Any police officer appointed pursuant to Sections 16-47-10 or 16-22-1 is a peace officer whose authority extends to any place in the state; provided, that the primary duty of such a peace officer shall be the enforcement of the law on property owned, leased, or licensed by the institution of higher education employing the peace officer. Such a peace officer may also enforce the law in all of the following circumstances:

(1) When in pursuit of any individual who is suspected of the commission of a crime while on property owned, leased, or licensed by the institution of higher education employing the officer.

(2) To make arrests for crimes committed, or for which there is probable cause to believe have been committed, within his or her presence or within the boundaries of any property owned, leased, or licensed by the institution of higher education employing the officer.

(3) Pursuant to an agreement with another law enforcement agency.

(b) The provisions of this section granting authority to peace officers at institutions of higher education in this state are not intended to limit or abridge any powers otherwise granted to the officers by law, and the provisions of this section are cumulative.

(c) Nothing in this section shall grant authority to any individual appointed under Section 16-47-10 to enter a classroom for the purpose of enforcing traffic or parking citations.

(Acts 1975, No. 924, p. 1836, §§1-3; Act 2024-216, §1.)

§ 16-47-12 School of Mines of Alabama

The Department of Mining Engineering of the University of Alabama is declared to be the “School of Mines” of the State of Alabama. Alabama’s share of such federal aid as may hereafter be provided by Congress for the promotion or development of mines and mining and mining engineering in the several states through educational agencies shall be put at the exclusive disposal of the University of Alabama to be utilized in connection with or by that institution in such manner as the federal law and regulations may prescribe.

(School Code 1927, §564; Code 1940, T. 52, §504.)

§ 16-47-13 Cooperation of University with Bureau of Mines

The Federal Bureau of Mines, Department of the Interior, has established and located a mining experiment station at the University of Alabama, the continuance of such station being conditioned upon the performance of certain obligations on the part of the University of Alabama prescribed by the federal government. The University of Alabama is authorized to meet and perform said obligations out of any funds appropriated for that purpose or which may hereafter be appropriated for that purpose. Said School of Mines of Alabama is hereby authorized to cooperate and collaborate with said station in the carrying on of its work.

(School Code 1927, §565; Code 1940, T. 52, §505.)

§ 16-47-14 Testing Laboratory

The testing laboratory of the University of Alabama is the official testing laboratory for cement and other materials of construction.

(School Code 1927, §568; Code 1940, T. 52, §506.)

§ 16-47-15 Summer School for Teachers - Establishment

The trustees of the University of Alabama may establish at that institution a school to be known as the summer school for teachers, at which during the summer months instruction shall be given in all the public school studies and in such other studies as may be necessary to better prepare teachers for efficient service in the public schools of this state.

(School Code 1927, §569; Code 1940, T. 52, §507.)

§ 16-47-16 Summer School for Teachers - Maintenance

The summer school for teachers at the University of Alabama shall be maintained and supported by the annual legislative appropriation for that specific purpose.

(School Code 1927, §570; Code 1940, T. 52, §508.)

Article 2 Board of Trustees

§ 16-47-30 Composition; Terms of Office; Election; Vacancies; Compensation

The state university shall be under the control of the board of trustees, which shall consist of two members from the congressional district in which the university is located, and one from each of the other congressional districts in the state, the State Superintendent of Education and the Governor, who shall be ex officio president of the board.

The members of the board of trustees, as now constituted, shall hold office until their respective terms expire under existing law and until their successors shall be elected and confirmed, as hereinafter required. Successors to those trustees whose terms expire in 1902 shall hold office until 1907; successors to those whose terms expire in 1904 shall hold office until 1911; successors to those trustees whose terms expire in 1906 shall hold office until 1915; and thereafter their successors shall hold office for a term of 12 years.

When the term of any member of such board shall expire, the remaining members of the board shall, by secret ballot, elect his successor; provided, that any trustee so elected shall hold office from the date of his election until his confirmation or rejection by the Senate, and if confirmed, until the expiration of the term for which he was elected and until his successor is elected. At every meeting of the Legislature, the State Superintendent of Education shall certify to the Senate the names of all who have been so elected since the last session of the Legislature, and the Senate shall confirm or reject them as it shall determine for the best interest of the university. If it rejects the names of any members it shall thereupon elect trustees in the stead of those rejected.

In the case of a vacancy on said board by death or resignation of a member, or from any cause other than the expiration of his term of office, the board shall elect his successor, who shall hold office until the next session of the Legislature, when the name of a successor or successors elected by said board to fill the vacancy or vacancies so occasioned shall be certified by the State Superintendent of Education to the Senate, and the Senate shall confirm, or reject, as it shall determine is for the best interest of the university; and, if confirmed by the Senate, the person, or persons so elected to fill said vacancy shall hold office for the unexpired term to which he is so elected. If the Senate rejects the name of any person to fill said vacancy, it shall thereupon elect some person or persons in the stead of those rejected.

No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such.

(School Code 1927, §550; Code 1940, T. 52, §493.)

§ 16-47-31 Quorum; Majority Vote; President Pro Tempore

Five members of the board of trustees, exclusive of the ex officio members, shall constitute a quorum. Every member present shall be required to vote, and a majority of those present shall govern. At their first meeting, the board shall elect one of its number president pro tempore, who shall preside in the absence of the Governor and shall hold the position until the next annual or special meeting, when another president pro tempore shall be elected.

(School Code 1927, §551; Code 1940, T. 52, §494.)

§ 16-47-32 Meetings

(a) The board of trustees shall meet at least once in each year and on the first Wednesday in June, unless some other day is selected by them, and it may, by ordinance or resolution adopted by it, prescribe other regular times for meeting. At such meeting it may continue in session as long as it may deem proper for the welfare of the institution and may at any session appoint a special or adjourned meeting. Upon the written application of four members, or of any three members with his or her concurrence, the president pro tempore shall appoint a special meeting and issue notice thereof to the several members. Such special meeting shall not be appointed for a day less than seven days subsequent to the date of the notice. In case there is no president pro tempore of the board, or in case the president pro tempore is incapacitated to act, then the Governor, as president of the board, shall upon the written application of four members, in like manner call such special meeting. Regular meetings of the board must be held at the university, but special or adjourned meetings may be held at the university or in the City of Montgomery, the City of Birmingham, or the City of Huntsville.

(b) Members of the board of trustees, the executive committee of the board of trustees, or any other committee established by the board of trustees may participate in a meeting of the board or committee by means of conference telephone, video conference, or similar communications equipment by means of which all persons participating in the meeting may hear each other at the same time. Participation by such means shall constitute presence in person at a meeting for all purposes, including the establishment of a quorum. Notice of such meetings must be given in accordance with the Alabama Open Meetings Act and such telephone or video conference or similar communications equipment shall also allow members of the public the opportunity to simultaneously listen to or observe such meetings.

(School Code 1927, §552; Code 1940, T. 52, §495; Acts 1945, No. 265, p. 412, §1; Acts 1969, No. 985, p. 1733, §1; Act 2009-495, p. 915, §1.)

§ 16-47-33 Records of Trustees’ Proceedings Preserved; Payment of Expenses of Trustees

The proceedings of the board of trustees must be recorded in a substantially bound book, which must be kept in the archives of the university; and the board may at any meeting employ a secretary. The certificate of the president or, in his absence, of the president pro tempore, countersigned by the secretary, if there is one, shall entitle the several trustees to their constitutional pay out of the treasury of the university; and the compensation of the secretary and the necessary incidental expenses of the board at each session shall be paid on the order of the board, and the certificate of the president or president pro tempore, as the case may be, out of such treasury.

(School Code 1927, §552; Code 1940, T. 52, §495; Acts 1945, No. 265, p. 412, §1; Acts 1969, No. 985, p. 1733, §1; School Code 1927, §553; Code 1940, T. 52, §496.)

§ 16-47-34 Powers Generally

The board of trustees has the power to organize the university by appointing a corps of instructors, who shall be styled the faculty of the university, and such other officers as the interest of the university may require; to remove such instructors or officers, and to fix their salaries or compensation, and increase or reduce the same at their discretion; to institute, regulate, alter or modify the government of the university, as it may deem advisable; to prescribe courses of instruction, rates of tuition and price of board and regulate the necessary expenses of students; and to confer such degrees as are usually conferred by similar institutions. It may delegate to the faculty of the university, or other officers, such powers and functions in the government of the students and in the administration of the affairs of the university as it may deem proper; but in no case shall any person be authorized to receive, hold or disburse any funds of the university without having first given bond, conditioned for the faithful discharge of his duties; and no person shall be excluded from the full benefit of the University Fund or placed at any disadvantage in the pursuit of his studies who possesses the requisite literary or other qualifications and is willing to submit to the discipline prescribed for the students.

(School Code 1927, §549; Code 1940, T. 52, §492.)

§ 16-47-35 Authority of Trustees to Dispose of Property

The Board of Trustees of the University of Alabama may sell, lease or otherwise dispose of, all or any part of such land as has been or may be selected under and by virtue of an act of Congress entitled, “An act to increase the endowment of the University of Alabama from the public school lands in said state,” approved April 23, 1884, and may sell lands or any interest therein or part thereof for such prices and upon such terms as to it may seem proper. Such sales may be for cash or for part cash, and the said Board of Trustees of the University of Alabama shall not be limited by any statute heretofore enacted as to what part of the purchase price of such lands which it has heretofore sold or may hereafter sell shall be in cash, but the percent of the purchase price of such lands that may have been or shall be in cash shall be such as said Board of Trustees of the University of Alabama may agree upon with the purchaser or purchasers.

(School Code 1927, §560; Code 1940, T. 52, §501.)

§ 16-47-36 Report to Legislature

It shall be the duty of the board of trustees to make to the Legislature, at each session thereof, a full report of its transactions and of the condition of the university, embracing an itemized account of all receipts and disbursements on account of the university by those charged with the administration of its finances.

(School Code 1927, §554; Code 1940, T. 52, §497.)

§ 16-47-37 Executive Committee of Trustees

The Board of Trustees of the University of Alabama may create an executive committee consisting of three or more of the trustees composing the said board upon which committee it may confer full power and authority to lease, sell and convey such lands or any part thereof, or any interest therein, as fully as said Board of Trustees of the University of Alabama could itself do.

(School Code 1927, §561; Code 1940, T. 52, §502.)

Article 3 Dental College of Alabama

Division 1 General Provisions

§ 16-47-50 Establishment

There is hereby created and established a four-year school of dentistry in the State of Alabama to be under the sole management, ownership and control of the Board of Trustees of the University of Alabama, to be located at Birmingham, Alabama, as a part of the medical center, which shall be known as the Dental College of Alabama or such other name as the board of trustees and the advisory board shall hereafter designate.

(Acts 1945, No. 207, p. 323, §1; Acts 1947, No. 625, p. 478, §1.)

§ 16-47-51 Dentists Advisory Board

There is hereby created and established a board to be known as the Dentists Advisory Board, consisting of five dentists who shall be members in good standing of the State Dental Association of Alabama and shall reside in different sections of the State of Alabama. The duties of the members of said board shall be to meet with the Alabama Building Commission upon its call for the purpose of giving information and advice to the said Alabama Building Commission as to proper location, establishment, buildings and equipment of said dental school, during the period of time occupied by the Alabama Building Commission in locating, establishing, building and equipping said dental school, and to meet with the Board of Trustees of the University of Alabama, or with three or more members of said board of trustees at such times and places as may be mutually agreed upon, due notice of said meetings to be given by the board of trustees, for the purpose of giving information and advice to the trustees as to the proper maintenance and operation of the dental school. The first five members of the Dentists Advisory Board shall be appointed by the Governor: One for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years; and thereafter all members of said board shall be elected by the Board of Trustees of the University of Alabama on nominations made by the State Dental Association or its authorized agents, for five-year terms each. Vacancies shall be filled likewise by the Board of Trustees of the University of Alabama, and the appointees shall serve for the unexpired terms. The members of said advisory board shall serve without pay, but shall be reimbursed for their actual expenses incurred in the discharge of their duties, to be paid in the same manner as the expenses of the university trustees are paid. The dean of the school of dentistry shall be an ex officio member of the Dentists Advisory Board and shall sit with it in its deliberations.

(Acts 1945, No. 207, p. 323, §3.)

§ 16-47-52 Appropriations Not to Affect Other Appropriations to University

Since it is the purpose of this chapter to establish and maintain a standard four-year dental school to be administered by the University of Alabama, and since the university, in order to carry out that purpose, must itself necessarily continue to be accredited by the national and regional standardizing agencies, it is hereby expressly provided that appropriations made under this chapter, being set apart exclusively for the school of dentistry and for no other purpose, shall not adversely affect appropriations made to the university in support of its other schools, colleges, divisions and activities.

(Acts 1945, No. 207, p. 323, §7.)

§ 16-47-53 Report to Legislature

It shall be the duty of the board of trustees to make to the Legislature of Alabama at each regular session thereof a full report of its transactions under this chapter and of the condition of the dental school, embracing an itemized account of all receipts and disbursements on account of said dental school by those charged with the administration of the finances thereof.

(Acts 1945, No. 207, p. 323, §8.)

§ 16-47-54 Authority of Board of Trustees of University

The Board of Trustees of the University of Alabama is hereby given full power and authority to maintain and operate the school of dentistry created by this chapter wherever located, and to set, establish and maintain standards of scholarship and teaching which shall be in accordance with standards approved by the Council of Dental Education of the American Dental Association, and to perform all acts and functions necessary or appropriate to carry out the provisions of this chapter as it relates to the proper and orderly maintenance and operation of said dental school; provided, that the board of trustees shall be under no duty to operate or to continue the operation and maintenance of said dental school unless and until adequate appropriations are received from the State of Alabama for that purpose.

(Acts 1945, No. 207, p. 323, §9.)

Division 2 Scholarships

§ 16-47-76 Board of Dental Scholarship and Loan Awards - Creation; Establishment of Programs; Composition of Board

(a) There is created and established a board to be known as the Board of Dental Scholarship and Loan Awards, which shall establish scholarships and loans to provide for and further dental education and training, in pursuance of a dental degree, of qualified applicants for admission to the University of Alabama School of Dentistry or any other dental school accredited by the Council on Dental Education of the American Dental Association. The board shall give first priority to Alabama residents who will attend dental school in Alabama. In no event shall awards to students attending out-of-state dental schools exceed the amount of awards available to students attending the University of Alabama School of Dentistry.

(b) The board also shall establish the Alabama Dental Service Program as set out in Sections 16-47-77 through 16-47-81.

(c) The board shall also establish the Alabama Rural Dental Health Scholars Program for the purpose of awarding scholarships to high school students who are interested in the practice of dentistry in rural areas.

(d) The board shall adopt rules for the implementation and administration of the programs.

(e) The board shall be composed of all of the following members:

(1) A member of the Alabama Dental Association, appointed by the board of the Alabama Dental Association.

(2) One dentist elected from each component society of the Alabama Dental Association, whose terms of office shall be staggered, two dentists being elected for a term of one year, two dentists being elected for a term of two years, two dentists being elected for a term of three years, and two dentists being elected for a term of four years, and at the end of each term of office, successors shall be elected for a term of four years.

(3) The Director of the Office of Oral Health of the Alabama Department of Public Health.

(4) The Dean of the University of Alabama School of Dentistry or his or her designee.

(5) The Chair of the University of Alabama School of Dentistry Admissions Committee.

(f) The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state. The board shall annually report to the Legislature, by the second legislative day of each regular session, the extent to which the board has complied with the diversity requirements of this subsection.

(g) Annually, the board shall elect a chair from among its members. Fifty percent of the members of the board shall constitute a quorum for the transaction of business at meetings.

(h) Members of the board may participate in a meeting of the board by means of telephone conference, video conference, or similar communications equipment by means of which all persons participating in the meeting may hear each other at the same time. Participation by these means shall constitute presence in person at a meeting for all purposes, including constituting a quorum.

(Acts 1977, No. 662, p. 1121, §1; Act 2007-460, p. 962, §1; Act 2016-261, p. 641, §1; Act 2022-389, §1.)

§ 16-47-77 Board of Dental Scholarship and Loan Awards - Powers and Duties

(a) The Board of Dental Scholarship and Loan Awards may adopt reasonable rules not inconsistent with the laws of this state as may be necessary for the regulation of its proceedings and for the discharge of the duties imposed on it.

(b) The board shall receive and review all applications for scholarships and loans, shall make a careful and thorough investigation of the ability, character, and qualifications of each applicant, and shall be responsible for the further administration of the scholarships and loans, subject to the provisions of this article.

(c) The board shall annually calculate by geographic area a Dental Shortage Index by dividing the number of practicing dentists needed to meet the minimum number according to the federal standard used to determine Dental Health Care Professional Shortage Areas by the recommended minimum number of dentists for that geographic area.

(d)(1) Annually, on or before the first day of December, the board shall file a report on the condition, performance, and accomplishments of the awards programs to the Governor, Lieutenant Governor, Speaker of the House of Representatives, President Pro Tempore of the Senate, the chairs of the House and Senate Health Committees, the chairs of the Senate Committee on Finance and Taxation-Education and the House Ways and Means-Education Committee, the Deputy Director of the Legislative Services Agency-Fiscal Division, and the Finance Director.

(2) The board shall work with the Alabama Commission on the Evaluation of Services to develop, track, and collect the data and information necessary for the report.

(e) Any appropriation made to the Board of Dental Scholarship and Loan Awards or otherwise received by the board remaining at the end of any fiscal year shall remain with the board and shall not revert to any other fund.

(Acts 1977, No. 662, p. 1121, §3; Act 2016-261, p. 641, §1; Act 2022-389, §1.)

§ 16-47-78 Award Types; Operation of Awards

(a) The board shall establish two types of awards as follows:

(1) A number of loans or nonrefundable scholarships for the Alabama Rural Dental Health Scholars Program established pursuant to Section 16-47-76 and operated by the College of Community Health Sciences at the University of Alabama and supported by the University of Alabama School of Dentistry.

(2) The board shall operate the Alabama Dental Service Program, under which loans may be awarded by the board to applicants of good character who are enrolled in the University of Alabama School of Dentistry or any other educational institution accredited by the Commission on Dental Accreditation of the American Dental Association or have recently completed a dental education or residency program. Loans awarded under the program shall be based in part on the economic need and scholastic ability of each applicant. For applicants it approves to participate in the program, the board may award each participant a loan worth up to the four-year cost of attendance based on in-state tuition and required fees at the University of Alabama School of Dentistry.

(b) The board may continue to make scholarship and loan awards in the same amount and under the same terms to any recipient who received a scholarship or loan from the board prior to July 1, 2022.

(Acts 1977, No. 662, p. 1121, §4; Act 2006-301, p. 625, §1; Act 2007-460, p. 962, §1; Act 2009-654, p. 2014, §§1, 2; Act 2016-261, p. 641, §1; Act 2019-131, §1; Act 2022-389, §1.)

§ 16-47-79 Agreements for Repayment of Loans

(a) As a condition of approval by the board of a loan or loans under the Alabama Dental Service Program, each applicant shall enter into a written contract with the board, whereby the applicant shall agree to repay each annual loan received under the program by working, in full-time clinical practice as a licensed dentist in an area of critical need approved by the board, for five years. Each dentist repaying loans from the program by working in an area of critical need shall participate in the state Medicaid program.

(b) If the participant can demonstrate to the board’s satisfaction that at least 30 percent of the participant’s active patients were indigent or covered by Medicaid during the previous year, the participant shall receive an additional three months of service credit.

(c) Subject to approval by the board, a participant in the program may change the area of critical need where he or she will work to repay loans under the program, but in no case shall the participant work in full-time practice for less than four years in the new area of critical need.

(d)(1) An area of critical need shall be an area in Alabama with a rate above 49 percent under the most recent Dental Shortage Index. The board may also consider the percentage of practicing dentists in a geographic area that are over the age of 65 in determining an area of critical need.

(2) In no event shall a shortage area be considered an area of critical need unless it is determined to be a shortage area pursuant to the most recent Dental Shortage Index or is one of the top 40 percent of geographic areas most in need of a dentist as determined by the board.

(e) The board may allow a participant in the Alabama Dental Service Program to serve part time in an area of critical need that is one of the top eight percent of areas most in need of a dentist under the most recent Dental Shortage Index. The participant must spend an average of 20 hours a week on an annual basis practicing direct patient care in the designated county for a minimum of five years to qualify for full forgiveness of the loan.

(Acts 1977, No. 662, p. 1121, §5; Act 2006-301, p. 625, §1; Act 2007-460, p. 962, §1; Act 2016-261, p. 641, §1; Act 2022-389, §1.)

§ 16-47-80 Contractual Agreement of Recipients; Penalties for Breach

(a) Each recipient of a loan under this article shall enter into a contract with the Board of Dental Scholarship and Loan Awards whereby he or she agrees to repay the loan in a manner prescribed by the board not inconsistent with any provision of this article. Breach of contract by the recipient shall make the recipient immediately liable for the unpaid balance of the loan and shall constitute a ground for the revocation of the recipient’s certificate or license to practice dentistry in the State of Alabama. In the event of death or total and permanent disability of the recipient to engage in the practice of dentistry, repayment of the loan may be excused by the board.

(b) The contract shall provide that if a breach of contract occurs prior to completion of the repayment obligations set forth in this article, a penalty equal to 100 percent of the remaining principal amount of all loans received by the recipient shall be assessed.

(c) The Attorney General of Alabama, upon request of the Board of Dental Scholarship and Loan Awards, shall institute proceedings in the name of the state for the purpose of recovering any amount due the state under the provisions of this article. All proceedings involving default or dispute of the contract shall be brought in the appropriate court of jurisdiction in Montgomery County, Alabama. The proceedings to have the dentist’s certificate or license revoked shall be commenced upon the written complaint of the Board of Dental Scholarship and Loan Awards to the State Board of Dental Examiners. The proceedings shall be in accordance with the provisions of Alabama law pertaining to the revocation of licenses to practice dentistry. Notwithstanding any other provision of this section, applicants and participants in the Alabama Dental Service Program shall repay loans as called for in written contracts outlined in Section 16-47-79.

(Acts 1977, No. 662, p. 1121, §6; Act 2016-261, p. 641, §1; Act 2022-389, §1.)

§ 16-47-81 Localities in Need of Dentists

Any incorporated or unincorporated municipality or locality in the state having a population of less than 100,000 desiring additional dentists and wishing to be designated as a locality needing additional dentists may apply to the Board of Dental Scholarship and Loan Awards to be placed on a list of localities in need of additional dentists, which shall be maintained by the board. The application may be made either by the municipal governing body or by a petition signed by at least one twentieth of the qualified electors of the municipality or locality. If the board determines that the locality is in need of dentists, it shall place the locality on the list of localities in need of dentists from which recipients of scholarships may upon graduation select an area in which to practice. In compiling and maintaining the list, the board may place any locality thereon which, in its opinion, needs additional dentists. A locality on the list shall qualify as a place where participants in the Alabama Dental Service Program may work to repay loans awarded by the program.

(Acts 1977, No. 662, p. 1121, §7; Act 2016-261, p. 641, §1; Act 2022-389, §1.)

Article 4 University of Alabama School of Medicine

Division 1 General Provisions

§ 16-47-90 Establishment; Name

There is hereby created and established a four-year school of medicine in the State of Alabama to be under the sole management, ownership and control of the Board of Trustees of the University of Alabama and to be known as The University of Alabama School of Medicine or such other name as the board of trustees shall hereafter designate.

(Acts 1943, No. 89, p. 89, §1; Acts 1969, No. 1054, p. 1975, §1.)

§ 16-47-91 Physicians Advisory Board

[Repealed]

THIS SECTION WAS REPEALED BY ACT 2026-436, EFFECTIVE OCTOBER 1, 2026.

There is hereby created and established a board to be known as the Physicians Advisory Board, consisting of five physicians who shall be members in good standing of the State Medical Association of Alabama and shall reside in different sections of the State of Alabama. The duties of the members of said board shall be to meet with the Board of Trustees of the University of Alabama, or with three or more members of said board of trustees, at such times and places as may be mutually agreed upon, due notice of said meetings to be given by the board of trustees, for the purpose of giving information and advice to the trustees as to the proper maintenance and operation of the medical school. The first five members of the Physicians Advisory Board shall be appointed by the Governor, one for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years; and thereafter all members of said board shall be elected by the Board of Trustees of the University of Alabama on nominations made by the State Medical Association or its authorized agents for five-year terms each. Vacancies shall be filled likewise by the Board of Trustees of the University of Alabama, and the appointees shall serve for the unexpired terms. The members of said advisory board shall serve without pay, but shall be reimbursed for their actual expenses incurred in the discharge of their duties, to be paid in the same manner as the expenses of the university trustees are paid. The dean of the school of medicine shall be an ex officio member of the Physicians Advisory Board and shall sit with it in its deliberations.

(Acts 1943, No. 89, p. 89, §3.)

§ 16-47-92 Appropriations to University of Alabama Not Affected

Since it is the purpose of this article to establish and maintain a standard four-year medical school to be administered by the University of Alabama, and since the university, in order to carry out that purpose, must itself necessarily continue to be accredited by the national and regional standardizing agencies, it is hereby expressly provided that appropriations made under this article, being set apart exclusively for the school of medicine and for no other purpose, shall not adversely affect appropriations made to the university in support of its other schools, colleges, divisions and activities.

(Acts 1943, No. 89, p. 89, §7.)

§ 16-47-93 Annual Report to Legislature

It shall be the duty of the board of trustees to make to the Legislature of Alabama at each regular session thereof a full report of its transactions under this chapter and of the condition of the medical school, embracing an itemized account of all receipts and disbursements on account of said medical school by those charged with the administration of the finances thereof.

(Acts 1943, No. 89, p. 89, §8.)

§ 16-47-94 Power and Authority of Board of Trustees of University of Alabama

The Board of Trustees of the University of Alabama is hereby given full power and authority to maintain and operate the school of medicine created by this chapter wherever located, and to set, establish and maintain standards of scholarship and teaching which shall be in accordance with standards approved by the council on medical education and hospitals of the American Medical Association and of the Association of American Medical Colleges, and to perform all acts and functions necessary or appropriate to carry out the provisions of this chapter as it relates to the proper and orderly maintenance and operation of said medical school; provided, that the board of trustees shall be under no duty to operate or to continue the operation and maintenance of said medical school unless and until adequate appropriations are received from the State of Alabama for that purpose.

(Acts 1943, No. 89, p. 89, §9.)

§ 16-47-95 Acquisition of Property for School of Medicine; Issuance of Bonds

The Board of Trustees of the University of Alabama shall have full power and authority to acquire by purchase, lease or gift from any city, county or other public or private body, and to maintain, utilize and operate any personal or real property, whether in the form of hospitals, clinics or otherwise, deemed to be appropriate and necessary to the maintenance and operation of its school of medicine, and any such city, county or other public or private body shall have full power and authority to convey and transfer the said personal and real property accordingly on such terms as its governing body shall determine. The said board is further given the specific full power and authority to assume any and all legal obligations lying against the vendor, lessor or donor by virtue of ownership of property so acquired, and to assume any and all legal obligations lying against the property so acquired or against the net revenue derived from the operation thereof, and, if necessary, in acquiring or purchasing any hospital or hospitals mentioned in this section, said university is hereby authorized to issue its bonds in such an amount and in such denominations and maturing at any time it may determine; such bonds to be secured either by a pledge of the net revenue received from the operation of said hospital or hospitals, or by a mortgage on the hospital buildings as such, one or both. Any bonds assumed or issued by said board of trustees or said university pursuant to the provisions of this section shall not constitute a debt of this state, and the faith and credit of this state shall not be pledged as security for or in payment of said bonds.

(Acts 1945, No. 80, p. 77.)

Division 2 Scholarships

§ 16-47-121 Board of Medical Scholarship Awards - Created; Authorization to Issue Scholarships; Agreements with Loan Recipients

There is hereby created a Board of Medical Scholarship Awards, which shall establish scholarships and loans to provide for the medical training of qualified applicants for admission, or students in, the University of Alabama School of Medicine or the University of South Alabama College of Medicine, or any other accredited or provisionally accredited school of medicine in Alabama. The recipients of loan awards shall enter into a valid agreement with the Board of Medical Scholarship Awards to practice the profession of medicine in those areas and localities of Alabama as may be determined by the board for a number of years to be stipulated in the agreement.

(Acts 1977, No. 663, p. 1125, §1; Acts 1994, No. 94-103, p. 110, §1.)

§ 16-47-122 Board of Medical Scholarship Awards - Composition; Terms of Members; Chairman

(a) The Board of Medical Scholarship Awards shall be composed of three members of the Board of Censors of the Medical Association of the State of Alabama, the Executive Officer of the State Board of Health, the dean of each school of medicine in Alabama or his designee, the chairman of the admissions committee of each school of medicine in Alabama and two members appointed by the Governor for four-year terms, one of whom shall be a member of the State of Alabama Senate and the other a member of the State of Alabama House of Representatives. The terms of the legislative members shall be concurrent with their legislative terms.

(b) The Chairman of the Board of Medical Scholarship Awards shall be a member of the Board of Censors of the Medical Association of the State of Alabama.

(Acts 1977, No. 663, p. 1125, §§2, 3.)

§ 16-47-123 Board of Medical Scholarship Awards - Powers and Duties

(a) The Board of Medical Scholarship Awards shall make a careful and thorough investigation of the ability, character, and qualifications of each applicant, and award scholarships and loans according to the judgment of the board. Preference in granting loans shall be given to applicants who sign agreements to practice in those areas in greatest need of medical service for periods of time to be stipulated by the board.

(b) The Board of Medical Scholarship Awards shall make reasonable rules and regulations for implementing and administering this division.

(Acts 1977, No. 663, p. 1125, §§4, 10; Acts 1994, No. 94-103, p. 110, §1.)

§ 16-47-123.1 Annual Administration Expenses

(a) The Board of Medical Scholarship Awards Fund is created in the State Treasury. All monies received by the board pursuant to Section 16-47-125 or Section 16-47-127 and from fees, gifts, donations, grants, and bequests shall be deposited in the fund and are continuously appropriated for granting scholarships or making loans to medical students.

(b) The board shall establish the fiscal requirements for its annual administration expenses, which may be paid from funds from any source which are available to the board.

(Acts 1994, No. 94-103, p. 110, §3; Act 2024-39, §1.)

§ 16-47-124 Types of Awards

There shall be two types of awards as follows:

(1) LOANS. A number of loans equal in number to 20 percent of the student body of the medical schools in the State of Alabama, each in an amount of up to the average cost of tuition, fees, and living expenses, as set forth in the current catalogs of the University of Alabama School of Medicine or the University of South Alabama College of Medicine, for the year of each enrollment. These loans shall be available to any resident of Alabama of good character who has been accepted for matriculation by one of the medical schools of Alabama preference being given to those applicants who can show an economic need, and who commit in writing to practice in a rural area in a generalists specialty as determined by the board. The board may, in its discretion, permit students to apply for a loan under this subdivision in any scholastic year and for any previously completed scholastic year of medical education. These loans shall be repaid following graduation, under the terms of a contract to practice clinical medicine in an area of Alabama identified by the board as medically underserved for a term of years, as hereinafter set forth.

(2) MERIT SCHOLARSHIPS. A number of merit scholarships equal in number to five percent of the student body of the medical schools in the State of Alabama, each in an amount not to exceed $5,000 (five thousand dollars) per annum or $20,000 (twenty thousand dollars) over a four-year period shall be granted to students with high scholastic achievement and excellent character who will attend one of the medical schools of the State of Alabama. The students to whom merit scholarships are granted shall not be obligated to repay the amount of the scholarship award.

(Acts 1977, No. 663, p. 1125, §5; Acts 1994, No. 94-103, p. 110, §1.)

§ 16-47-125 Repayment Obligation May Begin Immediately Upon Discontinuation of Medical Education

Any recipient who fails for any reason to continue his or her medical education may, at the discretion of the board, be required to repay all loan amounts immediately with simple interest of eight percent annually from the date of his or her departure or removal from medical school.

(Acts 1977, No. 663, p. 1125, §§6, 11; Acts 1994, No. 94-103, p. 110, §1.)

§ 16-47-126 Repayment of Loans by Performing Certain Services

The loan or any part thereof shall be repaid by engaging in full-time clinical practice, as defined in the regulations of the board, in one of the following ways, in accordance with a contract approved by the Board of Medical Scholarship Awards:

(1) Practice for a period equal to one year of practice for each year the individual received a loan in a community of less than 5,000 population which is in an area within Alabama identified by the board as medically underserved.

(2) Practice for a period equal to one and one-fourth years of practice for each year the individual received a loan in a community of more than 5,000 population and less than 15,000 population which is in an area within Alabama identified by the board as medically underserved.

(3) Practice for a period equal to one and one-half years of practice for each year the individual received a loan in a community of more than 15,000 but less than 50,000 population which is in an area within Alabama identified by the board as medically underserved.

(Acts 1977, No. 663, p. 1125, §7; Acts 1994, No. 94-103, p. 110, §1.)

§ 16-47-126.1 Award Contracts in Force Prior to February 14, 1994 May Continue; Option Available to Re-contract Under New Provisions; Additional Board Powers

Individuals who have entered into contracts with the Board of Medical Scholarship Awards prior to February 14, 1994 shall be entitled to continue to receive the loans or merit scholarship, or both, in the amounts specified in the contract. Repayment shall be in accordance with the terms of the contract. These individuals shall have the option to terminate an existing contract and enter into a new contract under the provisions of this division. The board shall prescribe in regulations the repayment obligations of any individual who receives loans in less than the full amount authorized by the board or who terminates an existing contract and enters into new contracts under this division. The board may, in its discretion, excuse repayment of a loan, in whole or in part, based upon the disability or other extreme hardship not the fault of the loan recipient.

(Acts 1994, No. 94-103, p. 110, §2.)

§ 16-47-127 Agreement by Recipients to Practice in Certain Areas; Immediate Liability Upon Default; Penalty Provisions; Proceedings for Recovery of Amount Due; Death, Disability May Excuse Repayment

(a) Each recipient of a loan under this division shall enter into an agreement with the Board of Medical Scholarship Awards whereby the recipient agrees to practice in an area as defined in Section 16-47-126. In the event of a default or other breach of contract by the recipient of loans provided under this division, or other termination of contract prior to the completion of the period of medical education and training, the individual shall be liable for immediate repayment of the total principal loan amount plus interest at the rate of eight percent accruing from the date of default or termination and an additional penalty as specified:

(1) For default or termination of a loan for one scholastic year, a penalty equal to 20 percent of the total principal amount of the loan.

(2) For default or termination of a loan for two scholastic years, a penalty equal to 30 percent of the total principal amount of the loan.

(3) For default or termination of a loan for three scholastic years, a penalty equal to 40 percent of the total principal amount of the loan.

(4) For default or termination of a loan for four scholastic years, a penalty equal to 50 percent of the total principal amount of the loan.

(5) If default or termination occurs after the fourth year but prior to the completion of a residency training program accredited by the Accreditation Council on Graduate Medical Education in a generalists specialty as determined by the board, a penalty equal to 100 percent of the total principal amount of the loan.

(6) If default or termination occurs after completion of a residency training program but prior to completion of the repayment obligation as set forth in Section 16-47-126, a penalty equal to 200 percent of the total principal amount of the loan.

(b) The Attorney General or any district attorney, upon request of the Board of Medical Scholarship Awards, shall institute proceedings in the name of the state for the purpose of recovering any amount due the state under this division. Any sums recovered under Section 16-47-125 or this section from loan recipients or paid by the recipients to the board shall be retained by the Board of Medical Scholarship Awards for funding of future scholarships.

(c) In the event of death of a recipient or upon the recipients’ becoming permanently disabled to an extent that he or she is no longer able to engage in the practice of medicine, repayment of the loan may be excused by the board.

(Acts 1977, No. 663, p. 1125, §8; Acts 1994, No. 94-103, p. 110, §1.)

§ 16-47-128 Failure of Recipient to Perform Loan Agreement Grounds for Revocation of Medical License; Revocation Proceedings

The failure of a recipient of a loan to perform his or her agreement with the Board of Medical Scholarship Awards or to pay the amount he or she is liable for under this division shall constitute a ground for the revocation of his or her license to practice medicine. The proceedings to have the physician’s license revoked shall be commenced upon the written complaint of the Board of Medical Scholarship Awards to the State Board of Medical Examiners. The proceedings shall be in accordance with Sections 34-24-310 to 34-24-381, inclusive, for the imposition of disciplinary sanctions on a license to practice medicine in this state.

(Acts 1977, No. 663, p. 1125, §9; Acts 1994, No. 94-103, p. 110, §1.)

§ 16-47-129 Localities in Need of Physicians

Any incorporated or unincorporated municipality or locality in the state having a population of less than 15,000, desiring additional physicians and wishing to be designated as a locality needing additional physicians, may apply to the Board of Medical Scholarship Awards to be placed on a list of localities in need of additional physicians, which shall be maintained by the board. Such applications may be made either by the municipal governing body or by a petition signed by at least one twentieth of the qualified electors of the municipality or locality. If the Board of Medical Scholarship Awards determines that such locality is in need of physicians, it shall place the locality on the list of localities in need of physicians from which recipients of scholarships may, upon graduation, select an area in which to practice. In compiling and maintaining the list, the board may place any locality thereon which, in its opinion, needs additional physicians.

(Acts 1977, No. 663, p. 1125, §12.)

Article 5 University of Alabama School of Nursing

§ 16-47-130 Establishment

There is hereby created and established a collegiate school of nursing in the University of Alabama to be under the sole management, ownership and control of the Board of Trustees of the University of Alabama for the purpose of providing a program of education and clinical training for the preparation of professional nurses. The school shall be autonomous under the direction of a dean, who shall be a nurse, and shall be known as the University of Alabama School of Nursing or by such other name as the said board of trustees shall hereafter designate.

(Acts 1949, No. 596, p. 927, §1.)

§ 16-47-131 Clinical and Other Educational Facilities

The University of Alabama is authorized to secure clinical and other educational facilities for the students of the nursing school in approved hospitals and health agencies and institutions by contract or other arrangements.

(Acts 1949, No. 596, p. 927, §2.)

§ 16-47-132 Payment of Expenses

The expenses incurred in and the cost of carrying out the provisions of this article shall be paid out of funds appropriated for that purpose by the Legislature.

(Acts 1949, No. 596, p. 927, §3.)

§ 16-47-133 Appropriations Made Under Article Not to Adversely Affect Other Appropriations Made to University

Since it is the purpose of this article to establish and maintain a collegiate school of nursing to be administered by the Board of Trustees of the University of Alabama, and since the said board of trustees in order to carry out that purpose, must necessarily continue to operate the University of Alabama as an institution accredited by the national and regional standardizing agencies, it is hereby expressly provided that appropriations made under this article, being set apart exclusively for the said school of nursing and for no other purpose, shall not adversely affect appropriations made to the university in support of its other schools, colleges, divisions and activities.

(Acts 1949, No. 596, p. 927, §4.)

§ 16-47-134 Report to Legislature

It shall be the duty of the board of trustees to make to the Legislature of Alabama at each regular session thereof a full report of its transactions under this chapter and of the condition of the nursing school, embracing an itemized statement of all receipts and disbursements on account of said nursing school.

(Acts 1949, No. 596, p. 927, §5.)

§ 16-47-135 Scholarships - How Distributed

There shall be awarded each year 125 scholarships to the University of Alabama School of Nursing for nursing education. These scholarships shall be awarded to applicants from the state-at-large. They shall be distributed, insofar as practicable, throughout the state, and may be distributed to students in any year of study in said school of nursing.

(Acts 1957, No. 591, p. 828, §1; Acts 1971, No. 2303, p. 3716, §1.)

§ 16-47-136 Scholarships - Who Eligible

To be eligible to receive a scholarship provided by this article, a person must have been a resident of the State of Alabama for a period of at least one year immediately preceding the time of making application and must be a person of good character, who shall have been accepted for matriculation by the authorities of the University of Alabama and shall have met the requirements for professional nursing education as determined by the University of Alabama School of Nursing. Applications for scholarships shall be made to the University of Alabama School of Nursing.

(Acts 1957, No. 591, p. 828, §2; Acts 1971, No. 2303, p. 3716, §2.)

§ 16-47-137 Scholarships - Amount and Conditions; Selection of Recipients

Each scholarship provided for by this article shall be in the amount of $600.00 per year payable from funds appropriated to the University of Alabama School of Nursing for this purpose. A scholarship may either be renewed by the school of nursing for the same student or awarded to another applicant for the scholarship. Appropriate competitive examinations of aptitude and ability shall be administered to the applicants by the University of Alabama School of Nursing. The results of the examinations shall be used as guides in the selection of the recipients of the scholarship from the various geographical areas of the state. In case a scholarship student fails to complete the course prescribed for the baccalaureate degree in nursing, the student must repay the amount of scholarship funds used. Any funds thus collected may be used as scholarship assistance for other nursing students. A scholarship student must agree to practice professional nursing in the State of Alabama for at least one year after completing the course at the University of Alabama.

(Acts 1957, No. 591, p. 828, §3; Acts 1971, No. 2303, p. 3716, §3.)

Article 6 University of Alabama, Huntsville

§ 16-47-150 Scholarships to Division of Nursing - Established; Distribution

There shall be awarded each year 30 scholarships to the Division of Nursing, University of Alabama, Huntsville, Alabama, for nursing education. These scholarships shall be awarded to applicants from the state-at-large. They shall be distributed insofar as practicable throughout the state.

(Acts 1971, No. 2290, p. 3691, §1.)

§ 16-47-151 Scholarships to Division of Nursing - Who Eligible

To be eligible to receive a scholarship provided by this article, a person must have been a resident of the State of Alabama for a period of at least one year immediately preceding the time of making application and must be a person of good character and shall have been accepted for matriculation by the authorities of the University of Alabama, Huntsville, Alabama and shall have met the requirements for professional nursing education as determined by the Division of Nursing of the University of Alabama, Huntsville, Alabama.

(Acts 1971, No. 2290, p. 3691, §2.)

§ 16-47-152 Scholarships to Division of Nursing - Amount and Conditions; Selection of Recipients

Each scholarship provided for by this article shall be in the amount of $600.00 per year, payable from funds appropriated to the Division of Nursing of the University of Alabama, Huntsville, Alabama for this purpose. A scholarship may either be renewed by the said school of nursing for the same student or awarded to another applicant for the scholarship. Appropriate competitive examinations of aptitude and ability shall be administered to the applicants by the Division of Nursing of the University of Alabama, Huntsville, Alabama. The results of the examinations shall be used as guides in the selection of the recipients of the scholarships from the various geographical areas of the state. In case a scholarship student fails to complete the course prescribed for the baccalaureate degree in nursing, that student must repay the amount of scholarship funds used. Any funds thus collected may be used as scholarship assistance for other nursing students. A scholarship student must agree to practice professional nursing in the State of Alabama for at least one year after completing the course at the Division of Nursing of the University of Alabama, Huntsville, Alabama.

(Acts 1971, No. 2290, p. 3691, §3.)

Article 7 School of Social Work of Alabama

§ 16-47-170 Established; Minimum Course of Instruction

[Repealed]

THIS SECTION WAS REPEALED BY ACT 2026-373, EFFECTIVE OCTOBER 1, 2026.

There is hereby created and established a graduate school of social work in the State of Alabama, to be under the sole management, ownership and control of the Board of Trustees of the University of Alabama. This school shall provide not less than a two-year course of instruction in social work and related subjects on the graduate level. It shall be known as the School of Social Work of Alabama; however, the board of trustees of the university may change this name.

(Acts 1965, 1st Ex. Sess., No. 234, p. 314, §1.)

§ 16-47-171 (Repealed by Act 2026-373) Powers and Duties of Board of Trustees of University Generally; School to Be Separate Graduate School; Qualifications of Dean

THIS SECTION WAS REPEALED BY ACT 2026-373, EFFECTIVE OCTOBER 1, 2026.

The Board of Trustees of the University of Alabama is hereby given full power and authority to maintain and operate the school of social work created by this article. It may set, establish and maintain standards of scholarship and teaching, but all such standards shall conform at least to the minimum standards prescribed by the standardizing agency or association for graduate schools of social work. The board of trustees of the university shall perform all acts and functions necessary or appropriate to carry out the intent and purpose of this article. The school of social work shall be a separate graduate school, with its own dean, but nonetheless a part of the University of Alabama. The dean shall possess such qualifications for the position as are prescribed by the board of trustees, but the board of trustees must include in its prescribed requirements actual training and experience as a professional social worker.

(Acts 1965, 1st Ex. Sess., No. 234, p. 314, §2.)

§ 16-47-172 Scholarships; Standards and Requirements for Admission

[Repealed]

THIS SECTION WAS REPEALED BY ACT 2026-373, EFFECTIVE OCTOBER 1, 2026.

The Board of Trustees of the University of Alabama is authorized and required to establish 10 scholarships for the benefit of 10 students in the school of social work. Each scholarship shall be in the amount of $1,800.00 per year. These scholarships shall be payable from the annual appropriation to the school of social work. To be eligible for one of these scholarships a person shall be a young man or woman of good character and shall have been accepted for matriculation by the authorities of the school of social work in accordance with the current standards and requirements of such school. These standards and requirements must, in turn, meet in every way the requirements for admission to an approved graduate school of social work. In awarding these scholarships, preference shall be given to applicants from counties in which there is a severe shortage of professionally trained social workers.

(Acts 1965, 1st Ex. Sess., No. 234, p. 314, §3.)

§ 16-47-173 Residents to Have Preferential Consideration for Admission

[Repealed]

THIS SECTION WAS REPEALED BY ACT 2026-373, EFFECTIVE OCTOBER 1, 2026.

Applicants for admission to the school of social work who are bona fide residents of the State of Alabama, if they meet the admission requirements of the school, shall have preferential consideration for admission to the school.

(Acts 1965, 1st Ex. Sess., No. 234, p. 314, §4.)

§ 16-47-174 (Repealed by Act 2026-373) Appropriations Made Under Article Not to Adversely Affect Other Appropriations Made to University

THIS SECTION WAS REPEALED BY ACT 2026-373, EFFECTIVE OCTOBER 1, 2026.

Since it is the purpose of this article to establish and provide for the maintenance of a standard two-year graduate school to be administered by the University of Alabama, and since in order to carry out that purpose the University of Alabama itself must continue to be accredited by the national and regional standardizing agencies, it is hereby expressly provided that appropriations made by or under this article, being expressly set apart exclusively for the school of social work and for no other purpose, shall not adversely affect appropriations made to the university in support of its other schools, colleges, divisions and activities.

(Acts 1965, 1st Ex. Sess., No. 234, p. 314, §5.)

§ 16-47-175 Report of Board of Trustees

[Repealed]

THIS SECTION WAS REPEALED BY ACT 2026-373, EFFECTIVE OCTOBER 1, 2026.

It shall be the duty of the board of trustees of the university to make to the Legislature at each regular session thereof a full report of its transactions under this article and of the condition of the school of social work. Such report shall include an itemized account of all receipts and disbursements on account of the school of social work by those charged with the administration of the finances thereof.

(Acts 1965, 1st Ex. Sess., No. 234, p. 314, §6.)

Article 8 University of Alabama Museum

§ 16-47-190 Definitions

For purposes of this article, the following words and phrases shall have the respective meanings ascribed by this section:

(1) UNIVERSITY OF ALABAMA. The Board of Trustees of the University of Alabama.

(2) UNIVERSITY OF ALABAMA MUSEUM. Mound State Monument, the archeological shrine, the historical museum and the recreational area located near the town of Moundville, Alabama and situated partially in Tuscaloosa and Hale Counties, Alabama, and the museum, shell collection, beetle collection, coin collection and other museum properties owned by the Alabama Museum of Natural History, Incorporated, which are in the custody or under the control of the Geological Survey of Alabama.

(3) MUSEUM FUND. The fund created in this article for the depository of money by the Board of Trustees of the University of Alabama to be used for expenditure upon operation, development, protection, expansion, planning and maintaining the land, facilities and equipment in Tuscaloosa and Hale Counties, Alabama as a state monument, archeological shrine, historical museum, recreational area or University of Alabama Museum.

(Acts 1961, Ex. Sess., No. 102, p. 2018, §1.)

§ 16-47-191 University Authorized to Acquire Land for Museum - Generally; Cooperation with Others

The University of Alabama, in addition to other powers, shall have the right, power and authority to acquire, in the name of the University of Alabama, by purchase, lease, agreement, license, condemnation or otherwise, the fee simple interest in and to land in Tuscaloosa and Hale Counties, Alabama for the purpose of developing, preserving, improving, protecting or maintaining same as a museum, which shall include an archeological museum, historical shrine and recreational area, and to accept, in fee or otherwise, lands donated, entrusted, conveyed or devised for like purposes in said counties. It may contract and make cooperative agreements with the federal government and its agencies, with municipalities, corporations, associations, partnerships or individuals for the purpose of acquiring, planning, establishing, developing, utilizing, operating, protecting or maintaining such museum.

(Acts 1961, Ex. Sess., No. 102, p. 2018, §2.)

§ 16-47-192 University Authorized to Acquire Land for Museum - from Alabama Museum of Natural History

The University of Alabama, in addition to other powers, shall have the right, power and authority to acquire in the name of the University of Alabama by purchase, gift or otherwise the fee simple interest in and to land in Tuscaloosa and Hale Counties, Alabama from the Alabama Museum of Natural History for the purpose of developing, preserving, improving, protecting and/or maintaining same as a University of Alabama Museum, which shall include an archeological museum, historical shrine and recreational area, and in the acquisition of said land the University of Alabama is hereby authorized to enter into such escrow agreements as may be deemed necessary.

(Acts 1961, Ex. Sess., No. 102, p. 2018, §3.)

§ 16-47-193 Erection, Maintenance and Improvement of Buildings

Upon any land specified in this article the University of Alabama shall have the right, power and authority to erect, equip, maintain or improve such buildings or facilities as may be deemed necessary for the purposes of developing, preserving or protecting such land as a University of Alabama Museum.

(Acts 1961, Ex. Sess., No. 102, p. 2018, §4.)

§ 16-47-194 Acquisition of Personal Property for Museum; Place of Display

The University of Alabama may acquire from the Alabama Museum of Natural History, Incorporated or elsewhere, by gift, purchase or otherwise, any personal property which may be deemed necessary or advisable in the proper operation or management of the University of Alabama Museum provided for in this article. Upon such acquisition such property shall become the property of the said University of Alabama to be used, sold, traded or otherwise disposed of as may be deemed proper or advisable; such property may be displayed by the University of Alabama any place deemed by it to be advisable.

(Acts 1961, Ex. Sess., No. 102, p. 2018, §5.)

§ 16-47-195 Construction and Operation of Recreational Facilities

The University of Alabama, in addition to other powers, shall have the right, power and authority to construct and operate suitable public service or recreational privileges and conveniences on any land or water embraced within the scope of this article and to charge and collect reasonable fees for the use of same and to enter into contracts for the operation of any such privilege or convenience and to enter into contracts with the federal government and with states, counties, municipalities, corporations, associations or individuals for the purpose of constructing, planning, utilizing, developing, expanding, protecting or maintaining any such privileges or conveniences or any building or facility appertaining thereto.

(Acts 1961, Ex. Sess., No. 102, p. 2018, §8.)

§ 16-47-196 Geological Survey Authorized to Transfer Property to and Make Collections for Museum

The Geological Survey of Alabama is hereby empowered and authorized to convey to the University of Alabama by gift or otherwise any of its property as it may deem proper, for use, exchange or display in the University of Alabama Museum, and upon such conveyance said property shall become the property of the University of Alabama to be used, exchanged or displayed by it in the operation or development of the said University of Alabama Museum. The geological survey of Alabama is further authorized to make such collections from time to time in the future which it may deem to be of value to the University of Alabama Museum and to convey such collections or parts thereof to the University of Alabama for any purpose specified in this article.

(Acts 1961, Ex. Sess., No. 102, p. 2018, §7.)

§ 16-47-197 Powers of University Over Personal Property Acquired for Use or Display

Any personal property acquired by the University of Alabama for use or display in its museum may be used or displayed at any place deemed by it to be advisable, and such property may be sold or exchanged as the University of Alabama shall deem proper.

(Acts 1961, Ex. Sess., No. 102, p. 2018, §8.)

§ 16-47-198 Employees for Museum; Teaching at Museum

The University of Alabama shall, subject to the provisions of the State Employees’ Retirement System, determine the number of employees needed for the efficient and economical performance of the functions and duties of the said University of Alabama Museum and shall hire such employees to operate, manage and maintain the same. The study and teaching of archeology, history and related subjects at said University of Alabama Museum shall be under the jurisdiction of the University of Alabama, and the same shall be achieved and performed in a manner similar to other studies and teachings at the said university.

(Acts 1961, Ex. Sess., No. 102, p. 2018, §9.)

§ 16-47-199 Rules and Regulations; Punishment of Violations; Powers of Police Officers Appointed by University President

The University of Alabama shall have the power and authority to make, establish and promulgate such reasonable rules and regulations, not in conflict with the laws of Alabama, which may be deemed for the best interest of the operation, development, protection, maintenance and management of the University of Alabama Museum, which rules and regulations shall have the force and effect of law. Such rules and regulations shall be published in printed form and shall be made available to the general public and visitors to said University of Alabama Museum. Such rules, so published, shall be received in evidence in any court in this state without further proof. A violation of any rule or regulation made, established or promulgated in accordance with the provisions of this article shall be a misdemeanor. All persons appointed as police officers by the president of the University of Alabama, as provided for by law, are hereby constituted peace officers of the State of Alabama with full and unlimited police power and jurisdiction to enforce the rules and regulations promulgated by virtue of the authority contained in this article. Such police officers are clothed with the power and authority of deputy sheriffs and shall arrest without warrant and carry before the district court of the county in which an offense is committed any person violating any of the rules and regulations made and promulgated under the authority provided for in this article.

(Acts 1961, Ex. Sess., No. 102, p. 2018, §10.)

§ 16-47-200 Disposition of Fines for Violations of Rules

All money arising from fines and forfeitures from violations of the rules and regulations as provided for in this article shall be forwarded by the court having jurisdiction over such violations to the University of Alabama to be deposited into the University Museum Fund.

(Acts 1961, Ex. Sess., No. 102, p. 2018, §11.)

§ 16-47-201 Construction and Maintenance of Roads to and Within Museum Grounds

The State Department of Transportation of Alabama is hereby authorized and empowered upon the request of the University of Alabama to construct, reconstruct and maintain roads leading from a state highway to any land included within the scope of this article and to construct, reconstruct and maintain roads within the boundaries of lands included within the scope of this article. The construction and reconstruction of such roads shall be in accordance with the development plan for the said land as approved by the University of Alabama. Such roads leading to said land or lying within said land shall be constructed, reconstructed and maintained in such manner as may be agreed upon between the state Director of Transportation and the University of Alabama. The costs of such construction, reconstruction and maintenance made by the said State Department of Transportation shall be paid from the State Highway Fund.

(Acts 1961, Ex. Sess., No. 102, p. 2018, §12.)

§ 16-47-202 Counties or Municipalities May Contribute Land or Funds for Museum; Contributions by Others

Any county and any incorporated city or town in the State of Alabama is hereby authorized and empowered to donate, convey and grant to the University of Alabama any land owned by it or which it may hereafter acquire to become a part of the University of Alabama Museum as herein provided for, and any county and incorporated city or town in the State of Alabama and any corporation, association, partnership or individual may contribute money to the University of Alabama to be used and expended in extending, improving, operating or maintaining said University of Alabama Museum.

(Acts 1961, Ex. Sess., No. 102, p. 2018, §13.)

§ 16-47-203 University of Alabama Museum Fund

There shall be a University of Alabama Museum Fund. All moneys received from gifts or bequests or from county or municipal appropriations or moneys appropriated by the State of Alabama shall be deposited by the Treasurer of the University of Alabama to the credit of said fund. There shall also be deposited in said fund all moneys received from any concession business conducted upon the land or water included in this bill and also any moneys accruing to the University of Alabama as an incident to the operation or ownership of the University of Alabama Museum, by virtue of the sale or rental of real or personal property or from whatsoever source. The said fund hereby created shall be used and expended by the University of Alabama in accordance with the terms of the gift, bequest, grant, appropriation or donation from which said moneys are derived, in the same manner, by the same authority and for the purposes stipulated in this chapter. In the absence of any such terms or stipulations, said moneys in said fund shall be expended by the University of Alabama in furtherance of any provisions of this chapter. All expenses of the University of Alabama Museum shall be payable from said fund by requisition in the same manner and under the same authority as other funds of the University of Alabama are expended; provided, no funds appropriated by the State of Alabama shall be withdrawn or expended for any purpose whatsoever unless the same shall have been allotted in accordance with the provisions of Article 4 of Chapter 4 of Title 41 of this code, and only in the amounts and for the purposes provided by the Legislature in the general appropriation bill. It is not the intent of this article to require the University of Alabama to support the University of Alabama Museum from its educational appropriations or its other educational resources, but only from those sources of income set forth herein, including state appropriations for the said Museum Fund.

(Acts 1961, Ex. Sess., No. 102, p. 2018, §14.)

§ 16-47-204 Governor May Convey Interest of State in Museum Lands to University

In the event the State of Alabama has or claims any interest in any of the land which is conveyed to the University of Alabama under the provisions of this article, the Governor of Alabama is hereby authorized to convey such interest to the University of Alabama by state patent, which patent shall vest title of said land in and to the University of Alabama.

(Acts 1961, Ex. Sess., No. 102, p. 2018, §15.)

Article 9 Alabama Physician’s Assistants Service Program

§ 16-47-220 Definitions

For the purposes of this article, the following words shall have the following meanings, unless the context clearly indicates otherwise:

(1) AREA OF CRITICAL NEED. An area with a critical need for more physician’s assistants, as determined by the board, where participants may work to repay loans received under the program.

(2) BOARD. The Alabama Board of Medical Scholarship Awards created in Section 16-47-121.

(3) PARTICIPANT. Any person awarded a loan under the program.

(4) PROGRAM. The Alabama Physician’s Assistants Service Program.

(Act 2016-318, §1.)

§ 16-47-221 Creation, Administration, and Funding

There is hereby created and established the Alabama Physician’s Assistant Service Program. The program shall be administered by the Board of Medical Scholarship Awards created in Section 16-47-121. The Program shall be funded by direct appropriation from the Education Trust Fund.

(Act 2016-318, §2.)

§ 16-47-222 Applications and Awards; Repayment of Loans

(a) The board shall establish and award, according to the judgment of the board, loans to provide for the training of qualified applicants for admission or students in any accredited master’s degree program for physician assistant studies at a medical school or college. The board may permit eligible people to apply for a loan under the Alabama Physician’s Assistants Service Program in any scholastic year and for any previously completed scholastic year. The board’s awarding of loans shall be done after consultation with the physician’s assistant advisory committee of the Alabama Board of Medical Examiners.

(b) The board may award to an eligible person a loan or loans totaling in value as much as the average in-state tuition and required fees charged at public institutions in Alabama for completing on time a master’s degree program for physician assistant studies. But a loan or loans may be awarded only to people who have signed contracts with the board to work following graduation in full-time clinical practice for three years as licensed physician’s assistants in areas of critical need.

A person who has signed such a contract with the board may postpone choosing an area of critical need in which to work to a time set by the board.

(c) Each participant’s loan or loans shall be repaid by the participant fulfilling the terms of the contract he or she signed with the board for work in an area of critical need for three years.

(d) The board shall make a careful and thorough investigation of the ability, character, and qualifications of each applicant, and award a loan or loans according to the judgment of the board and the requirements of this article.

(e) A participant, subject to approval by the board, may change the area of critical need where he or she will work to repay loans under this program, but in no case shall the participant work in full-time practice for less than three years in a new area of critical need.

(Act 2016-318, §3.)

§ 16-47-223 Area of Critical Need

An area of critical need shall be an area in Alabama with a critical need, as determined by the board, for physician’s assistants, and shall not be a part of, or within five miles of, an urbanized area as defined most recently by the U.S. Census Bureau. The board shall adopt rules under the Administrative Procedure Act to implement this section.

(Act 2016-318, §4.)

§ 16-47-224 Liability Upon Default, Etc.; Penalties

(a) If a participant defaults on or otherwise fails to honor a loan-repayment contract with the board, the individual shall be liable for immediate repayment of the total principal loan amount plus interest at the rate of 8 percent accruing from the date of default or other failure to honor the contract. In addition, the participant shall pay an additional penalty as specified:

(1) For default or other failure to honor a contract before graduation with a master’s degree in physician assistant studies, a penalty equal to 30 percent of the total principal amount of the loan or loans received by the participant.

(2) For default or other failure to honor a contract after graduation with a master’s degree in physician assistant studies but prior to completion of the repayment obligation set forth in Section 16-47-222, a penalty equal to 100 percent of the total principal amount of all loans received by the participant from the program.

(b) The failure of a participant to honor his or her contract with the board or to pay the amount he or she is liable for under this section shall constitute a ground for the revocation of his or her license to work as a physician’s assistant in Alabama.

(c) The board may excuse repayment of a loan, in whole or in part, upon the death of a participant, or upon the participant becoming disabled to the extent that he or she is no longer able to work as a physician’s assistant, or upon some other extreme hardship not the fault of the participant.

(Act 2016-318, §5.)

§ 16-47-225 Annual Report; Rulemaking Authority; Use of Funds

(a) The board annually shall report on the condition and accomplishments of the program to the Governor, Lieutenant Governor, Speaker of the House, President Pro-tem of the Senate and the Chairs of the House and Senate Health Committees. The report shall include for the reporting year the locations where participants agreed to serve or where they were serving to repay loans. The report also shall outline the finances of the program.

(b) The board shall make reasonable rules and regulations to implement and administer the program.

(c) The board shall use any monies it receives from or for the operation of the program, including repayments, interest, and penalties paid because of default or other failure to honor a contract, to fund loans, or to administer the program.

(Act 2016-318, §6.)

Article 10 University of Alabama at Birmingham

§ 16-47-240 Alabama Rural Hospital Resource Center

(a) The University of Alabama at Birmingham shall establish the Alabama Rural Hospital Resource Center.

(b) The purpose of the resource center is to facilitate access to high quality care for rural Alabamians and improve their health by increasing the viability and capabilities of eligible hospitals at no or minimal cost to those hospitals.

(c) For the purposes of this section, the following terms shall have the following meanings:

(1) ELIGIBLE HOSPITAL. A nonprofit or public rural hospital.

(2) RESOURCE CENTER. The Rural Hospital Resource Center of the University of Alabama at Birmingham.

(3) RURAL. Located in one of the following:

a. An area designated as a shortage area as defined in 42 C.F.R. § 491.5(c) and (d); or

b. A rural area as defined by the Federal Office of Rural Health Policy.

(d) The resource center shall do all of the following:

(1) Hire necessary staff that is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.

(2) Annually submit a report to the Legislature, State Finance Director, and Medicaid Commissioner regarding the effectiveness of the resource center. The report shall include all of the following:

a. The financial improvement of participating hospitals.

b. Satisfaction survey results from the management team and board of directors of each participating hospital.

c. Improvements in the quality of participating hospitals.

d. Improvements in access to care.

e. Improvements in health status.

(3) Establish a rural administrative residency program by working with the Graduate Program in Health Administration of the University of Alabama at Birmingham and pursuing funding for administrative residents who wish to work in rural health care.

(e) The resource center may provide support to participating eligible hospitals in all of the following areas:

(1) Compliance.

(2) Coding.

(3) Purchasing and supply chain.

(4) Quality.

(5) Strategic planning.

(6) Provider recruitment.

(7) Cost report.

(8) Insurance.

(9) Any other area that furthers the purpose of the resource center.

(f) The obligations imposed by this section shall not be implemented within the University of Alabama at Birmingham until formally approved by the University of Alabama at Birmingham and sufficient funds for the purposes set forth in this section are provided through the Governor or appropriated by the Legislature, and thereafter shall only be implemented to the extent that funds are appropriated.

(Act 2018-394, §§1,2.)

Chapter 47A Athens State University

§ 16-47A-1 Body Corporate; Rights, Duties, Property, Etc

The school heretofore established in Athens, Alabama, and previously known as Athens State College and now known as Athens State University, is and shall remain a body corporate under the corporate name of Athens State University, and by that name, and under the direction of a board of trustees, may sue and contract, acquire, and hold real and personal property, and have and exercise all the powers of a corporation established to be a state educational institution of higher learning and shall succeed to all the rights, privileges, emoluments, benefits, interests, and titles heretofore at any time vested in the institution in its respective names; however, Athens State University is not authorized to acquire, be acquired, merge or consolidate with any university or college located more than 50 miles from its current campus. None of the powers, authority, or functions of the corporation provided for in this chapter shall be abated or impaired by this section, except as noted above. Whenever the institution is referred to in the laws of Alabama, by any one of the respective names by which it has been known, the same shall be considered to refer to Athens State University.

(Act 2012-497, p. 1460, §2.)

§ 16-47A-2 Jurisdiction, Supervision, and Control of University

Commencing on October 1, 2012, the Athens State University Board of Trustees, as created in Section 16-47A-4, shall have exclusive jurisdiction, supervision, and control of Athens State University and the State Board of Education shall be divested of all jurisdiction, power, and authority with regard to the supervision, management, and control of the university, except as otherwise provided in this chapter. In addition to the powers, duties, and authority vested in the board by this section, the board shall have and exercise all power, authority, and duties conferred on, vested in, or required of the State Board of Education or the Department of Postsecondary Education before October 1, 2012, under the laws of this state with regard to the supervision, management, and control of the university. On or before October 1, 2012, the State Board of Education shall transfer to the board all supplies, funds, books, documents, records, and other property or effects of the university. After October 1, 2012, the university may continue to offer all current units or programs of instruction for academic credit without new or additional approval from the Alabama Commission on Higher Education, so long as those units or programs of instruction for academic credit were offered by the university before October 1, 2012. The university shall continue to be under the jurisdiction of, and shall be subject to, the rules, regulations, and procedures of the Alabama Commission on Higher Education.

(Act 2012-497, p. 1460, §3.)

§ 16-47A-3 Programs, Facilities, and Services; Mission and Objectives of the University

(a) Athens State University shall provide, maintain, and operate public higher education programs and facilities dedicated to the preparation of students. The university shall provide educational services for the greater community including advanced education for mature students, private citizens, and service men and women, in a manner that does not violate or cause a violation of Title VI of the Civil Rights Act of 1964 or the United States Constitution. The university shall provide an academic, cultural, and social environment that fosters individuality and develops productive members of society. The mission of the university shall be accomplished by providing services to students and the greater community through the utilization of university staff and facilities and through superior teaching, scholarship, creative activities, and public service.

(b) The overriding mission of the university, unique in Alabama higher education, is to be a university serving the upper division needs of transfer students.

(c) The university may provide onsite academic instruction on the campuses of those community colleges where the senior institution in whose service area or areas the community college is located is unable or unwilling to provide the onsite instruction.

(d) Resulting from and inherent in the mission of the university are a number of ongoing goals that the board, from time to time, may affirm on the basis of recommendations of the president of the university; however, the mission of the university, unique in Alabama higher education, shall remain limited to serving the upper division needs of transfer students. The university shall only offer strategic graduate programs approved by Alabama Commission on Higher Education with the intent to avoid duplication of programs by other state universities and colleges.

(e) The annual objectives of the university, as determined by the president of the university, shall be consistent with the ongoing goals and mission of the university.

(Act 2012-497, p. 1460, §4.)

§ 16-47A-4 Board of Trustees - Creation; Composition

(a) There is created a Board of Trustees for Athens State University. The board shall consist of the following voting members:

(1) Six members shall be residents of either the Fourth or Fifth Congressional District as constituted on October 1, 2012, at least two of whom shall be residents of the county in which the main campus of the institution is located.

(2) Two members shall be appointed from the state at large.

(3) One member shall be appointed from the governing body of the two-year institutions of higher education located in the district where the main campus of the university is located.

(4) The Chancellor of the Department of Postsecondary Education.

(5) The Governor, who shall be ex officio president of the board.

(b) Except as otherwise provided in this chapter, trustees shall be appointed by the Governor, subject to confirmation by the Senate, and shall hold office for a term of seven years and until their successors are appointed and qualified. Of the initial members appointed to the board pursuant to subdivisions (1) and (2) of subsection (a), three members shall be appointed for terms of three years, three members shall be appointed for terms of five years, and two members shall be appointed for terms of seven years. These initial trustees, appointed after October 1, 2012, shall have immediate, interim authority to conduct such business as may be necessary to fulfill the intent of this chapter without Senate confirmation for not more than 12 months after appointment. No trustee shall receive any pay or emolument, other than his or her actual expenses incurred in the discharge of his or her duties as a trustee. No employee of the university, or any person related by blood or marriage to the president of the university, shall be eligible to serve on the board. No trustee may serve more than two terms of office, except that the initial trustees appointed pursuant to subdivisions (1) or (2) of subsection (a) may be appointed to one additional term regardless of the previous number of terms served.

(c) No member of the board, individually, as a partner, as a stockholder, a board member, or an officer of a corporate body, shall conduct any business transaction, directly or indirectly, with the university. Any person who violates this subsection shall be immediately removed from the board, and replaced for the unexpired portion of his or her term by appointment of the Governor. The president of the university may not as an individual, or as an incorporator, officer, or director of any for profit entity, engage in any business in any manner which would conflict with his or her duties as president or with the best interests of the university or the students enrolled in the university. Nothing in this subsection shall be construed as forbidding the president from serving as a trustee of any other educational institution, as an officer of a church or other eleemosynary institution, or as an officer, director, or trustee of any organization from which no profit would accrue to him or her, or his or her immediate family, from any business of the organization for or with the university or the students enrolled in the university. Should the president of the university engage in any business in violation of this subsection, such action shall be sufficient cause for his or her immediate removal by the board.

(d) The Governor, the Chancellor of the Department of Postsecondary Education, and the member appointed pursuant to subdivision (3) of subsection (a), by virtue of his or her respective office, and the trustees appointed pursuant to subdivisions (1) and (2) of subsection (a), and their successors in office, are constituted and shall be considered a body corporate under the name of Athens State University.

(Act 2012-497, p. 1460, §5.)

§ 16-47A-5 Board of Trustees - Powers and Duties

(a) The board shall have all the rights, privileges, and franchises necessary to the promotion of the ends of its creation, and shall be charged with all corresponding duties, liabilities, and responsibilities. The board may hold and may lease, sell, or, in any other manner not inconsistent with the object or terms of the grant or grants under which it holds, dispose of any property, real or personal, or any estate or interest therein remaining, of any grant by any governmental unit or by any person, or accruing to the corporation from any source, as the board may deem best for the purposes of the university. The president of the university, with the approval of the board, may execute any lease, deed, or other instrument of conveyance on behalf of the corporation, without additional approval.

(b) The board shall have the exclusive authority over and jurisdiction of land, buildings, and other capital improvements now existing on or hereinafter provided for such campus. No contract for capital improvements, alterations, remodeling, and changing of capital improvements shall be made without the authorization and approval of the board, and which approval shall be granted by appropriate resolutions of the body. Any contract, agreement, or other act relating to capital improvements, except for maintenance, repairs, and maintaining existing facilities, shall be void and of no effect unless authorized by resolutions of the board.

(Act 2012-497, p. 1460, §6.)

§ 16-47A-6 Board of Trustees - Meetings

(a) The board shall hold its regular annual meeting each year, on the first Monday in June, at the main campus of the university, unless the board shall in regular session determine to hold its meeting at some other time and place. Thereafter, the board shall hold quarterly meetings on the first Monday of each third month after the annual meeting, unless the board shall in regular session determine to hold its quarterly meeting at some other time or place. Special meetings of the board may be assembled by either of the two following methods:

(1) A special meeting of the board may be called by the Governor. In calling a special meeting, the Governor shall mail a written notice to each trustee at least 10 days in advance of the date of the meeting.

(2) Upon the application in writing of any three members of the board, the Governor shall call a special meeting, naming the time and place thereof, and causing notices to be issued in writing to the several members of the board. The Governor shall mail a written notice to each trustee at least 10 days in advance of the date of the meeting.

(b) The executive committee, and any other committee or subcommittee of the board, shall hold meetings at such times and on such dates as the board may provide.

(c) All meetings of the board shall be subject to and comply with all applicable provisions of state law.

(Act 2012-497, p. 1460, §7.)

§ 16-47A-7 Board of Trustees - Quorum

Six members of the board shall constitute a quorum for the transaction of business, but a smaller number may adjourn from day to day until a quorum is present.

(Act 2012-497, p. 1460, §8.)

§ 16-47A-8 Board of Trustees - Vacancies; Appointments

(a) Any vacancy in the office of trustee occurring during a recess of the Legislature shall be filled by appointment of the Governor. The appointee shall hold office until the next session of the Legislature, at which time the appointment shall be confirmed by the Senate. If not confirmed by the Senate, another appointment shall be made by the Governor in like manner until an appointment is confirmed by the Senate. A trustee appointed by the Governor to fill a vacancy, by and with the consent of the Senate, shall hold office during the unexpired term.

(b) After the initial appointments to the board, future members appointed to the board shall be appointed by the Governor from a list of three persons nominated by a nominating committee. The nominating committee shall consist of all of the following members:

(1) One member of the board as elected by the membership of the board.

(2) The presiding officer of the Athens State University Faculty Senate.

(3) The presiding officer of the Athens State University Staff Senate.

(4) One member of the Limestone County Legislative Delegation, as selected by the delegation.

(5) The President of the Athens State University Alumni Association, or his or her designee.

(6) The President of the Athens State University Foundation, or his or her designee.

(7) The president of the university shall serve as a nonvoting, ex officio member and chair of the committee.

(c) Within 45 days of any vacancy on the board, the nominating committee shall select and forward to the Governor three names for consideration for appointment. If no recommendation is made by the nominating committee within 45 days after a vacancy, the Governor, by and with the advice and consent of the Senate, may appoint a qualified candidate to fill the vacancy.

(Act 2012-497, p. 1460, §9.)

§ 16-47A-9 Depositories for School Funds; Report of Board Transactions

(a) The board may designate one or more depositories for school funds.

(b) The board shall make or cause to be made to the Legislature, at the beginning of each regular session thereof, a full report of board transactions and the condition of the university, including an itemized account of all receipts and disbursements on account of the university by those charged with the administration of its finances.

(Act 2012-497, p. 1460, §10.)

§ 16-47A-10 Validity of Grants or Gifts; Forfeiture of Rights, Privileges, Etc

No grant or gift, by will or otherwise, shall fail on account of any misnomer or informality when the intent of the grantor or donor can be determined; nor shall any default, malfeasance, or nonuser on the part of the trustees or other officers or agents of such corporation work a forfeiture of any of its rights, privileges, powers, or franchises.

(Act 2012-497, p. 1460, §11.)

§ 16-47A-11 President of the University; Rights of Full-Time Employees

(a) The president of the university shall be appointed by the board and shall do all of the following:

(1) Appoint a corps of instructors who shall be styled the faculty of the university.

(2) Appoint such other instructors and officers as the interest of the university may require.

(3) Remove any instructors or officers.

(4) Fix the salaries or compensation of the instructors or officers.

(5) Define the authority or duty of the instructors or officers.

(6) Regulate, alter, and modify the organization of the university, subject to the review and concurrence of the board.

(7) Prescribe courses of instruction within academic programs that have been approved by the board.

(b) Full-time employees, whether tenured, nontenured, nonprobationary, or probationary, who are employed on October 1, 2012, by the university, shall retain any and all rights and privileges as provided in Chapter 24C of this title.

(c) The president of the university, upon the recommendation of the faculty, may confer academic degrees and such honorary degrees as are usually conferred by institutions of similar character.

(Act 2012-497, p. 1460, §12.)

§ 16-47A-12 Police Officers

(a) The president of the university may appoint and employ suitable persons to act as police officers to keep off intruders and prevent trespass upon and damage to the property and grounds of the university. Such persons shall be charged with all the duties and invested with all the powers of police officers and may eject trespassers from the university buildings and grounds, and may, without a warrant, arrest any person guilty of disorderly conduct or of trespass upon the property of the university or of any public offense committed in their presence, and take them before the nearest district court, before which, upon proper affidavit charging the offense, any person so arrested may be tried and convicted as in cases of persons brought before him or her on his or her warrant. Such officers, with a warrant, may arrest any person found upon or near the premises of the university charged with any public offense and take them before any proper officer.

(b) The police officers provided for in this section shall cooperate with and, when requested, furnish assistance to the regularly constituted authorities of the City of Athens and Limestone County and their jurisdictions and authority shall be coextensive within the corporate limits of each municipality or county.

(Act 2012-497, p. 1460, §13.)

§ 16-47A-13 References to Athens State University

(a) Commencing on October 1, 2012, the terms junior college, trade school, community college, and technical college, or any combination of these terms, as used in the Code of Alabama 1975, may not be interpreted to include Athens State University or its predecessor, Athens State College. After October 1, 2012, the Code Commissioner may revise any reference to Athens State University that refers to or classifies the university as a junior college, trade school, community college, or technical college.

(b) In addition to the duties of the Code Commissioner provided in subsection (a), whenever any section of the Code of Alabama 1975, refers to a “four-year public institution of higher education,” the Code Commissioner is directed to make the appropriate changes in terminology to reflect the reconstituted status of Athens State University as a public institution of higher education under a separate board of trustees as provided by this chapter.

(Act 2012-497, p. 1460, §14; Act 2014-326, p. 1212, §2.)

Chapter 48 Auburn University

§ 16-48-1 Body Corporate

The Governor and the State Superintendent of Education by virtue of their respective offices, and the trustees appointed from the different congressional districts of the state, under the provisions of Section 266 of the Constitution of 1901, and their successors in office, are constituted a body corporate under the name of Auburn University, to carry into effect the purposes and intent of the Congress of the United States in the grant of lands by the act of July 2, 1862.

(School Code 1927, §521; Code 1940, T. 52, §474.)

§ 16-48-2 Corporate Powers

Such corporation shall have all the rights, privileges and franchises necessary to a promotion of the end of its creation and shall be charged with all corresponding duties, liabilities and responsibilities. Such corporation may hold and may lease, sell or in any other manner not inconsistent with the object or terms of the grant or grants under which it holds, dispose of any property, real or personal, or any estate or interest therein, remaining of the original or any subsequent grant by Congress, or by this state, or by any person, or accruing to the corporation from any source, as to it may seem best for the purposes of its institution; and any and all sales of property, real or personal, heretofore made pursuant to and by authority of action of the board of trustees of said institute and written instruments of conveyance of title thereto purporting to have been made pursuant to such action are hereby ratified and confirmed as acts of the institute, and similar sales and instruments of conveyance made during the time when the name of the institute was the Agricultural and Mechanical College of Alabama are likewise ratified and confirmed as acts of said Agricultural and Mechanical College of Alabama.

(School Code 1927, §522; Acts 1931, No. 519, p. 633; Acts 1939, No. 393, p. 516; Code 1940, T. 52, §475.)

§ 16-48-3 Interest on Federal Fund Paid by State

For the payment of the interest, at the rate of eight percent per annum, on the fund of $253,500.00 arising from the sale of the script for the land donated in trust to this state by the act of Congress of July 2, 1862, the faith and credit of the state are forever pledged.

(School Code 1927, §523; Code 1940, T. 52, §476.)

§ 16-48-4 Organization and Conduct

The board of trustees has the power to organize the institute by appointing a corps of instructors, who shall be styled the faculty of the university and such other instructors and officers as the interest of the university may require; and to remove any such instructors or other officers, and to fix their salaries or compensation, and increase or reduce the same at its discretion, to regulate, alter, or modify the government of the university as it may deem advisable; to prescribe courses of instruction, rates of tuition and fees; to confer such academic and honorary degrees as are usually conferred by institutions of similar character; and to do whatever else it may deem best for promoting the interest of the university.

(School Code 1927, §524; Code 1940, T. 52, §477.)

§ 16-48-5 Trustees Divided into Classes

The trustees of the institute other than the Governor and State Superintendent of Education are divided into three classes, as follows: The trustees from the Fourth, Fifth and Seventh districts shall constitute the first class; those from the Second, Sixth and Eighth Districts shall constitute the second class; and those from the First, Third and Ninth Districts shall constitute the third class; and they shall hold office and their seats shall be vacated as prescribed by Section 266 of the constitution.

(School Code 1927, §525; Code 1940, T. 52, §478.)

§ 16-48-6 Vacancy in Office of Trustee

Any vacancy in the office of trustee, occurring during the recess of the Legislature, shall be filled by appointment of the Governor, such appointee to hold office until the next session of the Legislature thereafter; such vacancy shall be filled by the Governor, by and with the consent of the Senate; and any trustee appointed to fill a vacancy by the Governor, by and with the consent of the Senate, shall hold during the unexpired term.

(School Code 1927, §526; Code 1940, T. 52, §479.)

§ 16-48-7 Meetings of Board of Trustees

(a) The Board of Trustees of Auburn University shall hold its regular annual meeting each year at the institute on the first Monday in June, unless the board shall, in regular session, determine to hold its meeting at some other time and place. Special meetings of the board may be assembled by either one of the two methods outlined as follows:

(1) Special meetings of the board may be called by the Governor. In calling such special meetings the Governor shall mail a written notice to each trustee at least 10 days in advance of the date of such meetings.

(2) Upon the application in writing of any three members of the board, the Governor shall call a special meeting, naming the time and place thereof and causing notices to be issued in writing to the several members of the board. Such meeting shall not be held on a date less than 10 days subsequent to the notice from the Governor.

(b) The members of the board of trustees may recess at any regular or special meeting from one date to another, and at such adjourned meeting they may transact any business relating to the affairs of the institution.

(c) Members of the board of trustees, the executive committee of the board of trustees, or any other committee established by the board of trustees may participate in a meeting of the board or committee by means of telephone conference, video conference, or similar communications equipment by means of which all persons participating in the meeting may hear each other at the same time. Participation by such means shall constitute presence in person at a meeting for all purposes, including the establishment of a quorum. Notice of such meetings must be given in accordance with the Alabama Open Meetings Act and such telephone or video conference or similar communications equipment shall also allow members of the public the opportunity to simultaneously listen to or observe such meetings.

(School Code 1927, §527; Code 1940, T. 52, §480; Acts 1943, No. 309, p. 280, §§1, 2; Act 2010-690, p. 1677, §1.)

§ 16-48-8 Quorum of Trustees

Six members of the board of trustees shall constitute a quorum, but a smaller number may adjourn from day to day until a quorum is present.

(School Code 1927, §528; Code 1940, T. 52, §481.)

§ 16-48-9 Expenses of Trustees

The certificate of the president of the board or, in his absence, of the president pro tempore, countersigned by the secretary, shall entitle the several trustees to the payment of their actual expenses incurred in the discharge of their duties as such trustees.

(School Code 1927, §529; Code 1940, T. 52, §482.)

§ 16-48-10 Gifts Preserved

No grant or gift, by will or otherwise, shall fail on account of any misnomer or informality when the intent of the grantor or donor can be arrived at; nor shall any default, malfeasance, misfeasance or nonuser, on the part of the trustees or other officers or agents of such corporation, work a forfeiture of any of its rights, privileges, powers or franchises.

(School Code 1927, §530; Code 1940, T. 52, §483.)

§ 16-48-11 Report Made to Legislature

It shall be the duty of the board of trustees to make or cause to be made to the Legislature, at each session thereof, a full report of its transactions and of the condition of the university, embracing an itemized account of all receipts and disbursements on account of the institution by those charged with the administration of its finances.

(School Code 1927, §531; Code 1940, T. 52, §484.)

§ 16-48-12 Police Officers

(a) The president of Auburn University, with the approval of the board of trustees, is hereby authorized to appoint and employ suitable persons to act as police officers to keep off intruders and prevent trespass upon and damage to the property and grounds of the university. Such persons shall be charged with all the duties and invested with all the powers of police officers and may eject trespassers from the university buildings and grounds, and may, without a warrant, arrest any person guilty of disorderly conduct or of trespass upon the property of the university, or for any public offense committed in their presence, and carry them before the nearest district court or municipal court charged with the trial of such offenders, before whom, upon proper affidavit charging the offense, any person so arrested may be tried and convicted as in cases of persons brought before him on his warrant; and such officers shall have authority to summon a posse comitatus and may, with a warrant, arrest any person found upon or near the premises of the university charged with any public offense and take them before the proper officer.

(b) The police officers provided for in this section shall cooperate with, and, when requested, furnish assistance to the regularly constituted authorities of the municipality of Auburn; and their jurisdiction and authority shall be coextensive with the corporate limits of the municipality.

(Acts 1949, No. 305, p. 439, § 1; Acts 1985, No. 85-632, p. 963, § 1; Acts 1985, No. 85-727, p. 1178, § 1.)

Chapter 49 Alabama Agricultural and Mechanical University

Article 1 General Provisions

§ 16-49-1 Degree of Autonomy; Recommendation of Programs to State Agencies in Order to Qualify for Federal, Etc., Funds

It is the intention of the Legislature by passage of this chapter that Alabama Agricultural and Mechanical University shall enjoy no less and no more autonomy than any other public university in the State of Alabama and shall offer to all citizens of the state an equal opportunity for quality education.

The board of trustees is hereby authorized to recommend, at such time as it deems necessary and proper, any program of instruction or service or any other action necessary to qualify the university for funds and/or services provided by any individual, philanthropic organization or agency of the federal government, to any state agency that is charged with the responsibility for statewide planning, coordination or budgeting for programs of instruction, research or public service in the public universities of the state. Such state agency shall accept or reject such recommendation and is hereby authorized to act in accordance with such recommendations in regard to Alabama Agricultural and Mechanical University.

(Acts 1975, No. 198, p. 467, §9.)

§ 16-49-2 Existing Policies, Procedures, Etc., Relative to Faculty, Students, Etc

The personnel policies and procedures and statement of academic freedom and tenure for the faculty, other officers and professional and operating staff of the university, and the statement of rights and responsibilities of students of the university in force on September 5, 1975, shall be read, construed and have effect as if they were prescribed by the board of trustees created in this chapter; provided, that the board shall prescribe such amendments as it deems necessary and proper and that no person shall be deprived of any right or benefit earned prior to September 5, 1975.

(Acts 1975, No. 198, p. 467, §10.)

§ 16-49-3 Grants or Gifts Not to Fail Because of Misnomer, Etc.; Default of Agents, Trustees, Etc

No grant or gift, by will or otherwise, shall fail on account of any misnomer or informality, when the intent of the grantor or donor can be arrived at, nor shall any default, malfeasance or nonuser on the part of the trustees or other officers or agents of such corporation work a forfeiture of any of its rights, privileges, powers or franchises.

(Acts 1975, No. 198, p. 467, §12.)

§ 16-49-4 Powers and Duties of University Police Officers

(a) The President of Alabama Agricultural and Mechanical University, with the approval of the board of trustees, is hereby authorized to appoint and employ suitable persons to act as police officers to keep off intruders and prevent trespass upon and damage to the property and grounds of the university. Such persons shall be charged with all the duties and vested with all the powers of police officers and may eject trespassers from the university buildings and grounds, and may, without warrant, arrest any persons guilty of disorderly conduct or of trespass upon the property of the university, or for any public offense committed in their presence, and carry them before the nearest court or any other officer charged with the trial of such offenders, before whom, upon proper affidavit charging the offense, any person so arrested may be tried and convicted as in cases of persons brought before him on his warrant, and may with a warrant arrest any persons found upon or near the premises of the university charged with any public offense and take them before the proper officer.

(b) The police officers provided for in this section shall cooperate with and, when requested, furnish assistance to the regularly constituted authorities of the City of Huntsville, and their jurisdiction and authority shall be coextensive with the corporate limits of the municipality.

(Acts 1975, No. 198, p. 467, §14.)

Article 2 Board of Trustees

§ 16-49-20 Creation; Composition; Nominating Committee

(a)(1) There is created a Board of Trustees for Alabama Agricultural and Mechanical University, a state land-grant educational institution at Huntsville. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The board of trustees shall consist of 12 members, two members who shall reside in the congressional district in which the institution is situated; one member shall reside in each of the remaining congressional districts in the state as constituted on September 5, 1975, and shall be a bona fide resident and qualified elector of that district, with a verifiable physical presence in that district, during the entire term of office; three at-large members who may be selected from outside the state; and the Governor, who shall be ex officio president of the board. The president of the student government association and the president of the faculty senate shall be ex officio nonvoting members of the board. If a trustee appointed from a congressional district ceases to be a bona fide resident and qualified elector of the district from which appointed, or ceases to have a verifiable physical presence in that district, the trustee shall vacate his or her office.

(2) Before June 9, 2011, the trustees shall be appointed by the Governor, by and with the advice and consent of the Senate.

(3) The membership shall include at least three members who have earned a degree from Alabama Agricultural and Mechanical University.

(4) Except for the first trustees appointed, trustees shall hold office for a term of six years. No member presently serving as of January 1989 shall have his or her current term of office terminated because of these provisions.

(5) All appointments shall be effective upon confirmation by the Senate.

(6) The board shall be divided into three classes so that at least one third shall be appointed biennially. Of the first members appointed to the board, three shall be designated by the Governor to serve until January 31, 1978; four until January 31, 1980; and four to serve until January 31, 1982.

(7) A trustee may be appointed to serve a second term of six years, but no trustee shall be appointed to serve more than a total of 12 years, except as otherwise provided in paragraph b. of subdivision (4) of subsection (b).

(8) No trustee shall receive any pay or emolument other than his or her actual expenses incurred in the discharge of his or her duties.

(9) No member of the governing board, no officer of any public postsecondary educational institution, and no elected or appointed official having the power of review of the Alabama Agricultural and Mechanical University budget, other than the Governor, shall be eligible to serve on the board of trustees.

(b)(1) On or after June 9, 2011, each trustee shall be appointed by the Governor from a list of three persons nominated by a nominating committee. The nominating committee shall consist of the following members:

a. One member of the board of trustees as elected by the membership of the board of trustees.

b. One member as selected jointly by the faculty senate and the staff senate and certified to the committee by the president of the faculty senate and the president of the staff senate.

c. The president of the student government association.

d. The President of the Huntsville-Madison County Chamber of Commerce, or his or her designee.

e. One member of the Madison County Legislative Delegation, as selected by the delegation.

f. The president of the national alumni association, or his or her designee.

g. A community representative as selected by the other members of the nominating committee.

(2) Where applicable, members of the nominating committee shall serve at the pleasure of the appointing authority for a period of at least one year.

(3) Thirty days before the expiration of the term of a board member, or within 20 days following the creation of a vacancy in a term of office by death, resignation, or other cause, the president pro tempore of the board of trustees shall call a meeting of the nominating committee, giving at least 10 days’ notice. The nominating committee, by majority vote of those present at the meeting, shall nominate to the Governor the names of three individuals who are qualified pursuant to subsection (a) to fill the respective position on the board of trustees. The Governor shall appoint one of the nominated persons to the board by and with the advice and consent of the Senate. If the appointment is made by the Governor while the Legislature is not in session, the name of the appointee of the Governor shall be submitted to the Senate not later than the third legislative day following the reconvening of the Legislature. If the appointment is made by the Governor while the Legislature is in session the name of the appointee shall be submitted to the Senate not later than the next legislative day following the date of the appointment.

(4)a. If the vacancy on the board is caused by the expiration of the term of a trustee who has served for less than the maximum 12 years on the board, the vacating trustee shall continue to serve on the board until his or her successor is confirmed by the Senate. If the holdover trustee is reappointed to the board, the term of office for which he or she is reappointed shall be effective retroactive to the date of the expiration of the previous term. If a new trustee is appointed pursuant to this paragraph, the term of office for which he or she is appointed shall be effective retroactive to the date of the expiration of the previous term.

b. If the vacancy on the board is caused by death, resignation, or the expiration of the term of a trustee who has served for the maximum 12 years on the board, the position on the board shall remain vacant until the name of an appointee is submitted by the Governor to the Senate. If the appointee is not confirmed or rejected by the Senate during the session in which his or her name is submitted, the appointee shall nevertheless continue to serve in the position on the board until the next session of the Legislature, during which his or her name shall be resubmitted for confirmation. If an appointee is confirmed by the Senate, the term of office for which he or she is appointed pursuant to this paragraph shall be effective retroactive to the date the vacancy was created on the board, for the remainder of the unexpired term if the vacancy was created by death or resignation, or for the entire term if the vacancy was created by the expiration of the previous term. If an appointee is rejected by the Senate, the position on the board shall remain vacant as the nominating and appointing procedure provided in this subsection begins anew and until an appointment is made and confirmed by the Senate. If a trustee is appointed to fill an unexpired term of less than three years, the time shall not be counted toward the maximum 12 years of service.

(5) If the nominating committee fails to submit a list of nominees to the Governor within 30 days after a vacancy occurs due to expiration of term, death, resignation, or any other cause, the Governor, by and with the advice and consent of the Senate, may appoint an otherwise qualified trustee to the board, notwithstanding the absence of such nominations.

(c) The board shall provide for the conduct of annual training sessions for trustees regarding the fiduciary responsibility of a trustee to the university and any other topic deemed appropriate by the board.

(Acts 1975, No. 198, p. 467, §1; Acts 1989, No. 89-881, p. 1778, §1; Acts 1995, No. 95-749, p. 1747, §1; Act 2006-524, p. 1219, §1; Act 2011-657, p. 1744, §1.)

§ 16-49-21 Body Corporate; Name

The Governor, by virtue of his or her office, and the trustees appointed from the several congressional districts of the state and the nation at large, pursuant to Section 16-49-20, and their successors in office are constituted a body corporate under the name of Board of Trustees for Alabama Agricultural and Mechanical University.

(Acts 1975, No. 198, p. 467, §2; Act 2011-657, p. 1744, §1.)

§ 16-49-22 Powers and Duties Generally

Such corporation shall have all the rights, privileges and franchises necessary to the promotion of the ends of its creation and shall be charged with all corresponding duties, liabilities and responsibilities. Such corporation may hold and may lease, sell or in any other manner not inconsistent with the object or terms of the grant or grants under which it holds, dispose of any property, real or personal, or any estate or interest therein remaining of any grant by any governmental unit or by any person, accruing to the corporation from any source, as it may deem best for the purposes of the university.

(Acts 1975, No. 198, p. 467, §3.)

§ 16-49-23 Responsibilities of Board; Appointment and Duties of President

The board shall not engage in activity that interferes with the day-to-day operation of the university. The primary responsibility of the board of trustees is to set policy for the university and prescribe rates of tuition and fees. The board also has the power to organize the university by appointing a president, whose salary shall be fixed by the board. The president shall appoint a corps of instructors who shall be styled the faculty and such other instructors and officers as the interest of the university may require, remove any instructors or officers, fix their salaries or compensation, and define the authority or duty of such instructors or officers. The president may regulate, alter, and modify the organization of the university, subject to review and concurrence of the board. The president shall prescribe courses of instruction within academic programs that have been approved by the board. The president may confer academic degrees and such honorary degrees as are usually conferred by institutions of similar character upon the recommendation of the faculty.

(Acts 1975, No. 198, p. 467, §4; Act 2011-657, p. 1744, §1.)

§ 16-49-24 Exclusive Jurisdiction, Powers, Etc

The board of trustees created by this chapter for Alabama Agricultural and Mechanical University shall have exclusive jurisdiction, power and authority with regard to the supervision, management and control of Alabama Agricultural and Mechanical University; and the State Board of Education is divested of all jurisdiction, power and authority with regard to the supervision, management and control of such university except as otherwise herein provided. In addition to the powers and duties hereinabove vested in the board of trustees, such board shall have and exercise all power, authority and duties heretofore conferred on, vested in or required of the State Board of Education under any laws of this state with regard to the supervision, management and control of such university except as otherwise herein provided. The State Board of Education shall transfer to the Board of Trustees of Alabama Agricultural and Mechanical University all supplies, funds, books, documents, records and other property or effects of such university.

(Acts 1975, No. 198, p. 467, §15.)

§ 16-49-25 Vacancies in Office

[Repealed]

Repealed by Act 2011-657, p. 1744, §2, effective June 9, 2011.

(Acts 1975, No. 198, p. 467, §5.)

§ 16-49-26 Meetings

(a) The Board of Trustees of Alabama Agricultural and Mechanical University shall hold three regular meetings at the university on the fourth Thursday in February, June, and October, unless the board or Governor as ex officio president, shall determine to hold its meetings at another time. Special meetings of the board may be assembled by either one of the two methods outlined as follows:

(1) Special meetings of the board may be called by the Governor. In calling special meetings, the Governor shall mail a written notice to each trustee naming the time and place at least 10 days in advance of the date of the meeting.

(2) Upon the application in writing of any four members of the board, the Governor shall call a special meeting, naming the time and place and issuing notices in writing to the several members of the board. The meeting shall not be held on a date less than 10 days subsequent to the notices from the Governor. In the event of an emergency, the Governor, as ex officio president, may call an emergency meeting.

(b) The board of trustees may ask the Governor to replace a member who has been absent from three consecutive regular meetings of the board.

(Acts 1975, No. 198, p. 467, §6; Acts 1989, No. 89-881, p. 1778, §1; Acts 1995, No. 95-749, p. 1747, §1.)

§ 16-49-26.1 Participation in Meetings by Electronic Means

The Board of Trustees of Alabama Agricultural and Mechanical University may participate in meetings by electronic means in the same manner as provided for the Board of Trustees of Alabama State University in Section 16-50-26.

(Act 2022-198, §2.)

§ 16-49-27 Quorum

Seven members, exclusive of the Governor, of the board of trustees shall constitute a quorum, but a smaller number may adjourn from day to day until a quorum is present.

(Acts 1975, No. 198, p. 467, §7; Acts 1989, No. 89-881, p. 1778, §1.)

§ 16-49-28 Certificate for Payment of Expenses

The certificate of the president of the board or, in his absence, of the president pro tempore, countersigned by the secretary, shall entitle the several trustees and ex officio members to the payment of their actual expenses incurred in the discharge of their duties as such trustees, in conformity with regulations governing travel expenses of state officials.

(Acts 1975, No. 198, p. 467, §8; Acts 1989, No. 89-881, p. 1778, §1.)

§ 16-49-29 Conflicts of Interest

It shall be unlawful for any member of the board to derive financial benefit in any form from a contract or transaction affecting the interest of the university; to procure, or to be a party in any way, to procuring the appointment of any relative to any position of financial trust or profit; or to influence the appointment or reappointment, retention, dismissal or compensation of any employee of the university except through the prescribed procedures for such purposes. The violation of this provision shall subject the member so offending to removal by the Governor or the board.

(Acts 1975, No. 198, p. 467, §11.)

§ 16-49-30 Reports to Legislature

It shall be the duty of the board of trustees to make or cause to be made to the Legislature, at each session thereof, a full report of its transactions and of the condition of the university, embracing an itemized account of all receipts and disbursements of the university by those charged with the administration of its finances.

(Acts 1975, No. 198, p. 467, §13.)

Article 3 State Black Archives, Research Center and Museum

§ 16-49-50 Short Title

This article shall be cited as the “State Black Archives, Research Center and Museum.”

(Acts 1985, 2nd Ex. Sess, No. 85-944, p. 283, §1.)

§ 16-49-51 Definitions

For the purposes of this article the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) REPOSITORY. A place or depository on the Alabama Agricultural and Mechanical University campus.

(2) SOURCE MATERIALS. Any written or printed matter, memorabilia and artifacts.

(3) AFRO-AMERICAN. Any American person of African descent and who is identified with the black race.

(Acts 1985, 2nd Ex. Sess., No. 85-944, p. 283, §1.)

§ 16-49-52 Purpose

The general purposes of this article are to provide for the obtaining, preserving and holding for circulation in a repository at the Alabama Agricultural and Mechanical University source materials on Afro-American history and culture which shall be used for research and other educational and cultural purposes, and which shall thereby encourage the development of inspiration and positive self-concepts on the part of black Americans and provide a basis for whites to gain greater respect for the black race.

(Acts 1985, 2nd Ex. Sess., No. 85-944, p. 283, §1.)

§ 16-49-53 Appointment of Curator; Authority and Duties

The president of the university shall appoint a curator of the repository who shall be a recognized authority on Afro-American history and culture. The curator shall be empowered to seek out and secure source materials on or about Afro-Americans, to catalog and preserve such materials in keeping with the best available methods of preservation, and shall disseminate or make available to the public said materials in keeping with the designated functions of the repository.

(Acts 1985, 2nd Ex. Sess, No. 85-944, p. 283, §2.)

§ 16-49-54 Duties and Services of Repository

The repository shall serve the state by collecting and preserving source materials on the contributions, achievements and general experiences of Afro-Americans, and shall endeavor to reproduce and secure copies of all materials on or about black Americans from the earliest beginnings to the present. It shall provide bibliographic and copy services, whenever practical, to state agencies, the university system, state officials, researchers and scholars of Afro-American history and culture, and encourage the use of Afro-American instructional materials in state educational services to all groups without regard to racial, religious, or ethnic membership.

(Acts 1985, 2nd Ex. Sess., No. 85-944, p. 283, §3.)

§ 16-49-55 University Has Authority to Accept Funds, Grants, Services, Etc

For the purposes of this article the Alabama Agricultural and Mechanical University has the authority to accept and receive funds, grants and service from the federal government or its agencies; from departments, agencies and instrumentalities of state, municipal or local government; or from private or civic sources.

(Acts 1985, 2nd Ex. Sess., No. 85-944, p. 283, §4.)

Chapter 50 Alabama State University

Article 1 General Provisions

§ 16-50-1 Degree of Autonomy; Recommendation of Programs to State Agencies in Order to Qualify for Federal, Etc., Funds

It is the intention of the Legislature by passage of this chapter that Alabama State University shall enjoy no less and no more autonomy than any other public university in the state and shall offer to all citizens of the state an equal opportunity for quality education.

The board of trustees is hereby authorized at such times as it deems necessary and proper to recommend to any state agency charged with responsibility for statewide planning, coordination or budgeting for programs of instruction, research or public service in the public universities of the state, any program of instruction or service or any other matter consistent with this intent and any action necessary in order to qualify the university for funds and/or services provided by any federal or private agency consistent with such intent, and such state agency shall accept or reject such recommendation and is hereby authorized to grant such recommendation to Alabama State University.

(Acts 1975, No. 790, p. 1581, §9.)

§ 16-50-2 Existing Policies, Procedures, Etc., Relative to Faculty, Students, Etc

The personnel policies and procedures and statement of academic freedom and tenure for the faculty, other officers and professional and operating staffs of the university, and the statement of rights and responsibilities of students of the university in force on October 6, 1975, shall be read, construed and have effect as if they were prescribed by the board of trustees herein created; provided, that the board shall prescribe such amendments as it deems necessary and proper and that no person shall be deprived of any right or benefit earned prior to October 6, 1975.

(Acts 1975, No. 790, p. 1581, §10.)

§ 16-50-3 Grants or Gifts Not to Fail Because of Misnomer, Etc.; Default of Agents, Trustees, Etc

No grant or gift, by will or otherwise, shall fail on account of any misnomer or informality, when the intent of the grantor or donor can be arrived at, nor shall any default, malfeasance or nonuser on the part of the trustees or other officers or agents of such corporation work a forfeiture of any of its rights, privileges, powers or franchises.

(Acts 1975, No. 790, p. 1581, §12.)

§ 16-50-4 Powers and Duties of University Police Officers

(a) The President of Alabama State University, with the approval of the board of trustees, is hereby authorized to appoint and employ suitable persons to act as police officers to keep off intruders and prevent trespass upon and damage to the property and grounds of the university. Such persons shall be charged with all the duties and vested with all the powers of police officers and may eject trespassers from the university buildings and grounds and may, without warrant, arrest any persons guilty of disorderly conduct or of trespass upon the property of the university, or for any public offense committed in their presence, and carry them before the nearest court or officer charged with the trial of such offenders, before whom, upon proper affidavit charging the offense, any person so arrested may be tried and convicted as in cases of persons brought before him on his warrant, and such officers shall have authority to summon a posse comitatus and may, with a warrant, arrest any persons found upon or near the premises of the university charged with any public offense and take them before the proper officer.

(b) The police officers provided for in this section shall cooperate with and, when requested, furnish assistance to the regularly constituted authorities of the City of Montgomery; and their jurisdiction and authority shall be coextensive with the corporate limits of the municipality.

(Acts 1975, No. 790, p. 1581, §14.)

Article 2 Board of Trustees

§ 16-50-20 Creation; Composition; Nominating Committee; Training Sessions

(a) There is created a Board of Trustees for Alabama State University, the state educational institution at Montgomery, Alabama. The board of trustees shall consist of two members from the congressional district in which the institution is located and one member from each of the other congressional districts in the state as constituted on October 6, 1975, and who shall reside in that district, four members from the state at large who shall reside in different districts, two at-large members who may be selected from outside the state, and the Governor, who shall serve as an ex officio member of the board. Except for a trustee at large, the position of any trustee shall be vacated at such time as he or she shall cease to reside in the district from which he or she was appointed. The position of state at-large trustee shall be vacated if the trustee serving in the position shall cease to reside in the State of Alabama. The trustees shall be appointed by the Governor, by and with the advice and consent of the Senate, in such manner that the membership shall consist of at least a majority who are alumni and who have received a bachelor’s degree from the university. The two at-large members who may be selected from outside the state shall be appointed in 2015 for initial terms of five years and six years, respectively, and for terms of six years thereafter. Commencing on June 11, 2015, members shall be appointed for terms of six years. All appointments shall be effective until adversely acted upon by the Senate. Provided, however, no trustee who is currently serving on the board or whose term has just expired, who has been previously confirmed by the Senate, shall be required to be reconfirmed for the new term under this section, once appointed by the Governor. Commencing on June 11, 2015, no member may be appointed to serve a second term of 12 years, and no member shall be appointed to serve as trustee for more than a total of 12 years or two six-year terms. No trustee shall receive any pay or emolument other than his or her actual expenses incurred in the discharge of his or her duties as such.

(b) No trustee who is serving on the board on April 30, 1986, shall lose his or her seat because of this section; provided, however, the Governor may re-designate the period of the term of these members so as to conform to subsection (a).

(c)(1) Commencing on June 11, 2015, each trustee shall be appointed by the Governor from a list of three persons nominated by a nominating committee. The nominating committee shall consist of the following members:

a. One member of the board as elected by the membership of the board.

b. One member of the faculty senate as selected jointly by the faculty senate and the staff senate and certified to the committee by the president of the faculty senate and the president of the staff senate.

c. The president of the student government association.

d. One member of the business community as selected by the Governor.

e. One member of the Montgomery County Legislative Delegation, as selected by the delegation.

f. The president of the national alumni association, or his or her designee.

g. A community representative as selected by the membership of the nominating committee.

(2) Where applicable, members of the nominating committee shall serve at the pleasure of the appointing authority for a period of at least one year.

(3) Thirty days before the expiration of the term of a board member, or within 20 days following the creation of a vacancy in a term of office by death, resignation, or other cause, the president pro tempore of the board shall call a meeting of the nominating committee, giving at least 10 days’ notice. The nominating committee, by majority vote of those present at the meeting, shall nominate to the Governor the names of three individuals who are qualified pursuant to subsection (a) to fill the respective position on the board. The Governor shall appoint one of the nominated persons to the board by and with the advice and consent of the Senate. If the appointment is made by the Governor while the Legislature is not in session, the name of the appointee of the Governor shall be submitted to the Senate not later than the third legislative day following the reconvening of the Legislature. If the appointment is made by the Governor while the Legislature is in session, the name of the appointee shall be submitted to the Senate not later than the next legislative day following the date of the appointment.

(4)a. If the vacancy on the board is caused by the expiration of the term of a trustee who has served for less than the maximum 12 years of service on the board, the vacating trustee shall continue to serve on the board until his or her successor is confirmed by the Senate. If the holdover trustee is reappointed to the board, the term of office for which he or she is reappointed shall be effective retroactive to the date of the expiration of the previous term. If a new trustee is appointed pursuant to this paragraph, the term of office for which he or she is appointed shall be effective retroactive to the date of the expiration of the previous term.

b. If the vacancy on the board is caused by death, resignation, or the expiration of the term of a trustee who has served for the maximum 12 years of service on the board, the position on the board shall remain vacant until the name of an appointee is submitted by the Governor to the Senate. If the appointee is neither confirmed nor rejected by the Senate during the session in which his or her name is submitted, the appointee shall nevertheless continue to serve in the position on the board until the next session of the Legislature, during which his or her name shall be resubmitted for confirmation. If an appointee is confirmed by the Senate, the term of office for which he or she is appointed pursuant to this paragraph shall be effective retroactive to the date the vacancy was created on the board, for the remainder of the unexpired term if the vacancy was created by death or resignation, or for the entire term if the vacancy was created by the expiration of the previous term. If an appointee is rejected by the Senate, the position on the board shall remain vacant as the nominating and appointing procedure provided in this subsection begins anew and until an appointment is made and confirmed by the Senate. If a trustee is appointed to fill an unexpired term of less than three years, the time shall not be counted toward the maximum 12 years of service.

(5) If the nominating committee fails to submit a list of nominees to the Governor within 60 days after a vacancy occurs due to expiration of term, death, resignation, or any other cause, the Governor, by and with the advice and consent of the Senate, may appoint an otherwise qualified trustee to the board, notwithstanding the absence of such nominations.

(d) The board shall provide for the conduct of annual training sessions for trustees regarding the fiduciary responsibility of a trustee to the university and any other topic deemed appropriate by the board.

(Acts 1975, No. 790, p. 1581, §1; Acts 1983, No. 83-573, p. 878, §1; Acts 1986, No. 86-540, p. 1051, §1; Act 2015-487, p. 1667, §1; Act 2018-495, §1; Act 2019-477, §1.)

§ 16-50-21 Body Corporate; Name

The Governor, by virtue of his office, and the trustees appointed from the several congressional districts of the state pursuant to Section 16-50-20 and their successors in office are constituted a body corporate under the name of “Board of Trustees for Alabama State University.”

(Acts 1975, No. 790, p. 1581, §2.)

§ 16-50-22 Powers and Duties Generally

Such corporation shall have all the rights, privileges and franchises necessary to the promotion of the ends of its creation and shall be charged with all corresponding duties, liabilities and responsibilities. Such corporation may hold and may lease, sell or in any other manner not inconsistent with the object or terms of the grant or grants under which it holds dispose of any property, real or personal, or any estate or interest therein, remaining of any grant by any governmental unit or by any person, or accruing to the corporation from any source, as it may deem best for the purposes of the university.

(Acts 1975, No. 790, p. 1581, §3.)

§ 16-50-23 President of University; Authority of Board of Trustees

(a) The board of trustees shall appoint a president who shall serve as the chief executive officer of the university and as secretary to the board and shall perform all services as may be required by the board. The compensation of the president, including the emoluments and prerequisites necessary to carry out the functions of the office, shall be fixed by the board.

(b) The board of trustees may act as a body, or may delegate by resolution or bylaw to a committee of the board or to the president, the authority to do any of the following:

(1) Institute, regulate, alter, or modify the organization of the university, subject to the review and approval of the board.

(2) Appoint a corps of instructors who shall be styled the faculty of the university.

(3) Appoint other instructors, officers, and professionals as the interest of the university may require.

(4) Hire personnel, establish and implement personnel rules, and establish policies and practices for hiring, promoting, demoting, and terminating instructors, other personnel, and employees, or for taking any other action consistent with this section.

(5) Fix, increase, or decrease the salaries or compensation of individual instructors and other personnel.

(6) Remove any instructors or other personnel.

(7) Prescribe courses of instruction, rates of tuition, and fees, subject to the review and approval of the board.

(8) Confer academic and honorary degrees as are usually conferred by institutions of similar character.

(Acts 1975, No. 790, p. 1581, §4; Act 2018-495, §1.)

§ 16-50-24 Exclusive Jurisdiction, Power, Etc

The board of trustees created by this chapter for Alabama State University shall have exclusive jurisdiction, supervision and control of Alabama State University; and the State Board of Education is divested of all jurisdiction, power and authority with regard to the supervision, management and control of such university except as otherwise herein provided. In addition to the powers, duties and authority hereinabove vested in the board of trustees, such board shall have and exercise all power, authority and duties heretofore conferred on, vested in or required of the State Board of Education under any laws of this state with regard to the supervision, management and control of such university except as otherwise herein provided. The State Board of Education shall transfer to the Board of Trustees of Alabama State University all supplies, funds, books, documents, records and other property or effects of such university.

(Acts 1975, No. 790, p. 1581, §15.)

§ 16-50-25 Vacancies in Office

Any vacancy in the office of trustee occurring during the recess of the Legislature shall be filled by appointment of the Governor from the same category in which the vacancy occurred. Such appointee shall hold office until the next session of the Legislature, when the vacancy shall be filled by the Governor by and with the consent of the Senate. A trustee appointed to fill a vacancy by the Governor, by and with the consent of the Senate, shall hold office during the unexpired term.

(Acts 1975, No. 790, p. 1581, §5; Acts 1983, No. 83-573, p. 878, §1.)

§ 16-50-26 Meetings

(a) The first meeting of the Board of Trustees of Alabama State University after all members have been appointed shall be upon the call of the president of the board. The board shall hold regular meetings on the first Thursdays in May and November at the university unless the board, in regular session, shall determine to hold its meetings at some other time and place. The regular May meeting shall be the regular annual meeting at which the membership of the board shall select a president and president pro tempore of the board from among its members. Special meetings of the board may be assembled by either one of the two methods outlined as follows:

(1) Commencing with the first regular May meeting in 2020, special meetings of the board may be called by the president of the board. In calling special meetings, the president of the board shall mail a written notice to each trustee, naming the time and place thereof, with terms as provided in the bylaws of the board, at least 10 days in advance of the date of the meetings.

(2) Upon the application in writing of any four members of the board, the president of the board shall call a special meeting, naming the time and place thereof and causing notices to be issued in writing to the several members of the board. Meetings shall not be held on a date less than 10 days subsequent to the notices from the president of the board.

(b) An emergency meeting of the board may be called when circumstances exist that are deemed by the president of the board, by the president pro tempore of the board, or by three members of the board to present a risk to personal health, safety, or property or to the operation of the university. The three board members shall communicate their request for an emergency meeting to the president of the board or to the president pro tempore of the board by the most expedient means available to them. Notice of an emergency meeting shall be given at least 72 hours before the time the emergency meeting is to commence unless the circumstances of the emergency require the meeting to convene sooner.

(c) Members of the board may participate in a meeting of the board or any committee of the board by means of telephone conference, video conference, or similar communications equipment by means of which all persons participating in the meeting may hear each other at the same time. Participation by these electronic means shall constitute presence in person at a meeting for all purposes, including the establishment of a quorum. Except as specifically provided otherwise by this section, participation in meetings by members of the board and any committees of the board shall be conducted in compliance with the Alabama Open Meetings Act. Except for emergency meetings, notice of board meetings shall be provided in accordance with the Alabama Open Meetings Act, and any telephone or video conference or similar communications equipment used by the members of the board shall also allow members of the public the opportunity to simultaneously listen to or observe meetings held pursuant to this subsection.

(Acts 1975, No. 790, p. 1581, §6; Act 2015-487 p. 1667, §1; Act 2019-477, §1; Act 2022-198, §1.)

§ 16-50-27 Quorum

Eight members, exclusive of the Governor, of the board of trustees shall constitute a quorum, but a smaller number may adjourn from day to day until a quorum is present.

(Acts 1975, No. 790, p. 1581, §7; Act 2018-495, §1.)

§ 16-50-28 Certificate for Payment of Expenses

The certificate of the president of the board or, in his or her absence, of the president pro tempore, countersigned by the secretary, shall entitle the several trustees to the payment of their actual expenses incurred in the discharge of their duties as trustees.

(Acts 1975, No. 790, p. 1581, §8; Act 2015-487, §1.)

§ 16-50-29 Conflicts of Interest

It shall be unlawful for any member of the board to be financially interested in any contract or transaction affecting the interests of the university; to procure, or be a party in any way to procuring the appointment of any relative to any position of financial trust or profit; or to influence the appointment, nonreappointment, retention, dismissal or compensation of any employee of the university except through the prescribed procedures for such purposes, and the violation of this provision shall subject the member so offending to removal by the Governor or the board.

(Acts 1975, No. 790, p. 1581, §11.)

§ 16-50-30 Reports to Legislature

It shall be the duty of the board of trustees to make or cause to be made to the Legislature, at each session thereof, a full report of its transactions and of the condition of the university, embracing an itemized account of all receipts and disbursements on account of the university by those charged with the administration of its finances.

(Acts 1975, No. 790, p. 1581, §13.)

Chapter 51 University of North Alabama

§ 16-51-1 Governor and Trustees Constituted Body Corporate

The Governor, by virtue of the office, and the trustees appointed from the several congressional districts of the state, pursuant to Section 16-51-3, and their successors in office, are constituted a body corporate under the name of the University of North Alabama.

(Acts 1967, No. 773, p. 1631, §2; Act 2019-24, §1.)

§ 16-51-2 Rights, Privileges, Responsibilities, Etc., of Corporation

Such corporation shall have all the rights, privileges and franchises necessary to the promotion of the end of its creation, and shall be charged with all corresponding duties, liabilities and responsibilities. Such corporation may hold and may lease, sell or in any other manner not inconsistent with the object or terms of the grant or grants under which it holds dispose of any property, real or personal, or any estate or interest therein, remaining of any grant by any governmental unit or by any person, or accruing to the corporation from any source, as it may deem best for the purposes of the university.

(Acts 1967, No. 773, p. 1631, §3.)

§ 16-51-3 Board of Trustees - Creation; Composition; Reappointments; Expenses

(a) There is created a Board of Trustees for the University of North Alabama, the state educational institution at Florence, Alabama. The board of trustees shall consist of all of the following:

(1) Six members who are residents of the fourth and fifth congressional districts, as those districts were constituted on January 1, 2018, at least two of whom shall be residents of the county in which the institution is located.

(2) Three members from the state at large.

(3) Two at-large members from within or outside of the state.

(4) The Governor, who shall be ex officio president of the board.

(b) The trustees shall be appointed by the Governor, by and with the advice and consent of the Senate and, except for the first trustees appointed, shall hold office for a term of 12 years, until 2015, and until their successors shall be appointed and qualified. The Governor shall coordinate his or her appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state. Beginning in 2015, the board shall be divided into three groups, so that reappointments may be made each two years. In 2015, three members shall be appointed for terms of two years, and three members shall be appointed for terms of four years, and three members shall be appointed for terms of six years. The initial term of the at-large members appointed pursuant to subdivision (3) of subsection (a) shall be six years. Thereafter, all successor members shall be appointed for six-year terms. A trustee may be reappointed to additional terms.

(c) No trustee shall receive any pay or emolument other than his or her actual expenses incurred in the discharge of his or her duties as such. No employee of the university shall be eligible to serve on its board of trustees.

(Acts 1967, No. 773, p. 1631, §1; Act 2015-210, p. 620, §1; Act 2018-144, §1; Act 2019-24, §1.)

§ 16-51-4 Board of Trustees - Meetings

(a) The Board of Trustees of the University of North Alabama shall hold its regular annual meeting each year at the university on the first Monday in June, unless the board shall, in regular session, determine to hold its meetings at some other time and place. The board may establish a schedule of meetings at such intervals as it deems appropriate and may amend the schedule at any duly called meeting. Special meetings of the board may be assembled by either one of the two methods outlined as follows:

(1) Special meetings of the board may be called by the Governor. In calling such special meetings the Governor shall mail a written notice to each trustee at least 10 days in advance of the date of such meetings.

(2) Upon the application in writing of any three members of the board, the Governor shall call a special meeting, naming the time and place thereof and causing notices to be issued in writing to the several members of the board. Such meetings shall not be held on a date less than 10 days subsequent to the notice from the Governor.

(b) An emergency meeting of the board may be called when circumstances exist that are deemed by the Governor or by the president pro tempore or by three members of the board to present a risk to personal health, safety, or property or to the operation of the university. The three board members must communicate their request for an emergency meeting to the Governor or to the president pro tempore by the most expedient means available to them. Notice of an emergency meeting should be given at least 72 hours prior to the time it is to commence unless the circumstances of the emergency are such that the meeting must convene sooner.

(c) Members of the Board of Trustees of the University of North Alabama may participate in a meeting of the board or any committee by means of telephone conference, video conference, or similar communications equipment by means of which all persons participating in the meeting may hear each other at the same time. Participation by such means shall constitute presence in person at a meeting for all purposes. However, a majority of a quorum of the members of the board of trustees, or, in the event of a meeting of only the executive committee, a majority of a quorum of the executive committee of the board of trustees must be physically present at the location noticed and called for the meeting in order to conduct any business or deliberation. Members of the board of trustees and any committees of the board of trustees may not utilize electronic communications except as in compliance with the Alabama Open Meetings Act. Except for emergency meetings, notice of board meetings shall be provided in accordance with the Alabama Open Meetings Act and telephone or video conference or similar communications equipment shall also allow members of the public the opportunity to simultaneously listen to or observe such meetings.

(Acts 1967, No. 773, p. 1631, §6; Act 2015-210, §1.)

§ 16-51-5 Board of Trustees - Quorum

Six members of the board of trustees shall constitute a quorum, but a smaller number may adjourn from day to day until a quorum is present.

(Acts 1967, No. 773, p. 1631, §7.)

§ 16-51-6 Board of Trustees - Powers as to Organization and Administration

The board of trustees has the power to organize the university by appointing a president, whose salary shall be fixed by the board, and by employing a corps of instructors, who shall be nominated to the board in writing by the president and who shall be styled the faculty of the university and such other instructors and officers as the interests of the university may require; and to remove any instructors or other officers, and to fix their salaries or compensation and increase or reduce the same at their discretion; to delegate by resolution or bylaw to a committee of the board of trustees or to the president of the university the authority to establish and implement personnel rules, policies, and practices for hiring, promoting, demoting, and terminating instructors, officers, and employees or to take any other action authorized by this section; to regulate, alter, or modify the government of the university, as they may deem advisable; to prescribe courses of instruction, rates of tuition, and fees; to confer such academic and honorary degrees as are usually conferred by institutions of similar character; and to do whatever else they may deem best for promoting the interest of the university. In addition to other powers granted to the board of trustees, the board expressly may enter into and implement agreements with the governing board or boards of any other institution or institutions of higher education in Alabama for the purpose of merging those institutions into one successor institution without seeking or obtaining legislative or administrative approval. The merger provisions of this section shall not apply to Alabama A & M University or Alabama State University.

(Acts 1967, No. 773, p. 1631, §4; Acts 1993, No. 93-260, p. 388, §1.)

§ 16-51-7 Board of Trustees - Transfer of Jurisdiction

After September 9, 1967, the board of trustees created by this chapter for the University of North Alabama shall have exclusive jurisdiction, supervision and control of the University of North Alabama; and the State Board of Education is thereafter divested of all jurisdiction, power and authority with regard to the supervision, management and control of such university except as otherwise herein provided. In addition to the powers, duties and authority hereinabove vested in the board of trustees, such board shall have and exercise all power, authority and duties heretofore conferred on, vested in or required of the State Board of Education under any laws of this state with regard to the supervision, management and control of such university except as otherwise herein provided. Upon such date, the State Board of Education shall transfer to the board of trustees all supplies, funds, books, documents, records and other property or effects of such university.

(Acts 1967, No. 773, p. 1631, §12.)

§ 16-51-8 Board of Trustees - Vacancy in Office

Any vacancy in the office of trustee, occurring during the recess of the Legislature, shall be filled by appointment of the Governor. Such appointee shall hold office until the next session of the Legislature, when the vacancy shall be filled by the Governor by and with the consent of the Senate. A trustee appointed to fill a vacancy by the Governor, by and with the consent of the Senate, shall hold office during the unexpired term.

(Acts 1967, No. 773, p. 1631, §5.)

§ 16-51-9 Board of Trustees - Payment of Expenses of Trustees

The certificate of the president of the board or, in his absence, of the president pro tempore, countersigned by the secretary, shall entitle the several trustees to the payment of their actual expenses incurred in the discharge of their duties as such trustees.

(Acts 1967, No. 773, p. 1631, §8.)

§ 16-51-10 Board of Trustees - Reports to Legislature

It shall be the duty of the board of trustees to make or cause to be made to the Legislature, at each session thereof, a full report of its transactions and of the condition of the university, embracing an itemized account of all receipts and disbursements on account of the university by those charged with the administration of its finances.

(Acts 1967, No. 773, p. 1631, §10.)

§ 16-51-11 Grant or Gift Not to Fail for Informality; Default, Etc., of Trustees Not to Work Forfeiture

No grant or gift, by will or otherwise, shall fail on account of any misnomer or informality when the intent of the grantor or donor can be arrived at; nor shall any default, malfeasance or misfeasance or nonuser on the part of the trustees, or other officers or agents of such corporation, work a forfeiture of any of its rights, privileges, powers or franchises.

(Acts 1967, No. 773, p. 1631, §9.)

§ 16-51-12 Police Officers

(a) The President of the University of North Alabama, with the approval of the board of trustees, is hereby authorized to appoint and employ suitable persons to act as police officers to keep off intruders and prevent trespass upon and damage to the property and grounds of the university. Such persons shall be charged with all the duties and invested with all the powers of police officers and may eject trespassers from the university buildings and grounds, and may, without a warrant, arrest any person guilty of disorderly conduct or of trespass upon the property of the university, or for any public offense committed in their presence, and carry them before the nearest district court, before whom, upon proper affidavit charging the offense, any person so arrested may be tried and convicted as in cases of persons brought before him on his warrant; and such officers shall have authority to summon a posse comitatus and may, with a warrant, arrest any persons found upon or near the premises of the university charged with any public offense and take them before the proper officer.

(b) The police officers provided for in this section shall cooperate with and, when requested, furnish assistance to the regularly constituted authorities of the City of Florence, and their jurisdiction and authority shall be coextensive with the corporate limits of the municipality.

(Acts 1967, No. 773, p. 1631, §11.)

§ 16-51-13 Scholarships to School of Nursing - Distribution

There shall be awarded each year 30 scholarships to the School of Nursing of the University of North Alabama for nursing education. These scholarships shall be awarded to applicants from the state-at-large. They shall be distributed, insofar as practicable, throughout the state.

(Acts 1971, No. 2304, p. 3718, §1.)

§ 16-51-14 Scholarships to School of Nursing - Who Eligible

To be eligible to receive a scholarship provided by this chapter, a person must have been a resident of the State of Alabama for a period of at least one year immediately preceding the time of making application and must be a person of good character and shall have been accepted for matriculation by the authorities of the University of North Alabama, and shall have met the requirements for professional nursing education as determined by the school of nursing of the university.

(Acts 1971, No. 2304, p. 3718, §2.)

§ 16-51-15 Scholarships to School of Nursing - Amount and Conditions; Selection of Recipients

Each scholarship provided for by this chapter shall be in the amount of $600.00 per year, payable from funds appropriated to the School of Nursing of the University of North Alabama for this purpose. A scholarship may either be renewed by the said school of nursing for the same student or awarded to another applicant for the scholarship. Appropriate competitive examinations of aptitude and ability shall be administered to the applicants by the school of nursing. The results of the examinations shall be used as guides in the selection of the recipients of the scholarships from the various geographical areas of the state. In case a scholarship student fails to complete the course prescribed for the baccalaureate degree in nursing, that student must repay the amount of the scholarship funds used. Any funds thus collected may be used as scholarship assistance for other nursing students. In the event of the scholarship recipient’s death, the funds disbursed and not repaid shall be cancelled. In the event the scholarship recipient becomes mentally or physically impaired and is unable to complete the baccalaureate degree in nursing, or has graduated but is unable to complete one year of service as a nurse due to such disability, the funds disbursed and not repaid shall be cancelled. A scholarship student must agree to practice professional nursing in the State of Alabama for at least one year after completing the course at the school of nursing.

(Acts 1971, No. 2304, p. 3718, §3.)

Chapter 52 Jacksonville State University

§ 16-52-1 Body Corporate

The Governor and the State Superintendent of Education, by virtue of their respective offices and the trustees appointed pursuant to Section 16-52-3, and their successors in office, are constituted a body corporate under the name of Jacksonville State University.

(Acts 1967, No. 239, p. 615, §2; Act 2000-231, p. 366, §1.)

§ 16-52-2 Rights, Privileges, Responsibilities, Etc., of Corporation

Such corporation shall have all the rights, privileges and franchises necessary to the promotion of the end of its creation and shall be charged with all corresponding duties, liabilities and responsibilities. Such corporation may hold and may lease, sell or in any other manner not inconsistent with the object or terms of the grant or grants under which it holds dispose of any property, real or personal, or any estate or interest therein, remaining of any grant by any governmental unit or by any person, or accruing to the corporation from any source, as it may deem best for the purposes of the university.

(Acts 1967, No. 239, p. 615, §3.)

§ 16-52-3 Board of Trustees - Creation; Composition; Expenses; Emeritus Status

(a) There is created a Board of Trustees for Jacksonville State University, the state educational institution formerly known as Jacksonville State College at Jacksonville, Alabama.

(b) The board of trustees shall consist of two members from the congressional district in which the institution is located, one member from each of the other congressional districts in the state, two at-large members from this state, two at-large members who reside either within or outside of this state, and the Governor, who shall be ex officio president of the board.

(c) The trustees shall be appointed by the Governor, by and with the advice and consent of the Senate and shall be appointed to hold office for a term of six years and until their successors shall be appointed and qualified. No trustee shall be appointed to serve more than a total of three full terms.

(d) No trustee shall receive any pay or emolument other than his or her actual expenses incurred in the discharge of his or her duties as such.

(e) A trustee who has attained the age of 75 years during a term of office may continue to serve until the expiration of that term. A trustee who has departed the board and who has attained the age of 70 years or older may be designated by the board as a Trustee Emeritus and may receive such honorary privileges as conferred by the board.

(f) No employee of Jacksonville State University shall be eligible to serve on its board of trustees.

(Acts 1967, No. 239, p. 615, §1; Act 2000-231, p. 366, §1; Act 2015-209, p. 618, §1; Act 2024-164, §1.)

§ 16-52-4 Board of Trustees - Meetings

The Board of Trustees of Jacksonville State University shall hold its regular annual meeting each year at the university on the third Monday in October, unless the board shall, in regular session, determine to hold its meeting at some other time and place. Special meetings of the board may be assembled by either one of the two methods outlined as follows:

(1) Special meetings of the board may be called by the Governor. In calling such special meetings the Governor shall mail a written notice to each trustee at least 10 days in advance of the date of such meetings.

(2) Upon the application in writing of any three members of the board, the Governor shall call a special meeting, naming the time and place thereof and causing notices to be issued in writing to the several members of the board. Such meeting shall not be held on a date less than 10 days subsequent to the notice from the Governor.

(3) An emergency meeting of the board may be called when circumstances exist that are deemed by the Governor, by the president pro tempore of the board, or by three members of the board to present a risk to personal health, safety, or property or to the operation of the university. The three board members shall communicate their request for an emergency meeting to the Governor or to the president pro tempore of the board by the most expedient means available to them. Notice of an emergency meeting shall be given at least 72 hours before the time the meeting is to commence, unless the circumstances of the emergency are such that the meeting is required to convene sooner.

Acts 1967, No. 239, p. 615, §6; Acts 1969, No. 176, p. 484, §1; Act 2015-209, §1.)

§ 16-52-4.1 Board of Trustees - Participation in Meetings by Electronic Communications

Members of the Board of Trustees of Jacksonville State University may participate in a meeting of the board or committee by means of telephone conference, video conference, or similar communications equipment by means of which all persons participating in the meeting may hear each other at the same time. Participation by such means shall constitute presence in person at a meeting for all purposes. However, a majority of a quorum of the members of the board of trustees, or, in the event of a meeting of only the executive committee, a majority of a quorum of the executive committee of the board of trustees must be physically present at the location noticed and called for the meeting in order to conduct any business or deliberation. Members of the board of trustees and any committees of the board of trustees may not utilize electronic communications except as in compliance with the Alabama Open Meetings Act. Notice of board meetings shall be provided in accordance with the Alabama Open Meetings Act and telephone or video conference or similar communications equipment shall also allow members of the public the opportunity to simultaneously listen to or observe such meetings.

(Act 2012-525, p. 1555, §1.)

§ 16-52-5 Board of Trustees - Quorum

Six members of the board of trustees shall constitute a quorum, but a smaller number may adjourn from day to day until a quorum is present.

(Acts 1967, No. 239, p. 615, §7.)

§ 16-52-6 Board of Trustees - Powers as to Organization and Administration of University

The board of trustees has the power to organize the university by appointing a corps of instructors, who shall be styled the faculty of the university, and such other instructors and officers as the interest of the university may require; and to remove any such instructors or other officers and to fix their salaries or compensation and increase or reduce the same at its discretion; to regulate, alter or modify the government of the university, as it may deem advisable; to prescribe courses of instruction, rates of tuition and fees; to confer such academic and honorary degrees as are usually conferred by institutions of similar character; and to do whatever else it may deem best for promoting the interest of the university.

(Acts 1967, No. 239, p. 615, §4.)

§ 16-52-7 Board of Trustees - Transfer of Jurisdiction, Etc., Over University to Board of Trustees

After August 16, 1967, the board of trustees created by this chapter for Jacksonville State University shall have exclusive jurisdiction, supervision and control of Jacksonville State University; and the State Board of Education is thereafter divested of all jurisdiction, power and authority with regard to the supervision, management and control of such university. In addition to the powers, duties and authority hereinabove vested in the board of trustees, such board shall have and exercise all power, authority and duties heretofore conferred on, vested in or required of the State Board of Education under any laws of this state with regard to the supervision, management and control of such university; and the board of trustees shall carry out all contractual obligations heretofore incurred by the State Board of Education respecting the operation of the public schools of the City of Jacksonville. On August 16, 1967, the State Board of Education shall transfer to the Board of Trustees of Jacksonville State University all supplies, funds, books, documents, records and other property or effects of such university.

(Acts 1967, No. 239, p. 615, §12.)

§ 16-52-8 Board of Trustees - Vacancy

Any vacancy in the office of trustee, occurring during the recess of the Legislature, shall be filled by appointment of the Governor. Such appointee shall hold office until the next session of the Legislature, when the vacancy shall be filled by the Governor by and with the consent of the Senate. A trustee appointed to fill a vacancy by the Governor, by and with the consent of the Senate, shall hold office during the unexpired term.

(Acts 1967, No. 239, p. 615, §5.)

§ 16-52-9 Board of Trustees - Payment of Expenses

The certificate of the president of the board or, in his absence, of the president pro tempore, countersigned by the secretary, shall entitle the several trustees to the payment of their actual expenses incurred in the discharge of their duties as such trustees.

(Acts 1967, No. 239, p. 615, §8.)

§ 16-52-10 Board of Trustees - Reports to Legislature

It shall be the duty of the board of trustees to make or cause to be made to the Legislature, at each session thereof, a full report of its transactions and of the condition of the university, embracing an itemized account of all receipts and disbursements on account of the university by those charged with the administration of its finances.

(Acts 1967, No. 239, p. 615, §10.)

§ 16-52-11 Grant or Gift Not to Fail for Informality; Default, Etc., of Trustees, Officers or Agents Not to Work Forfeiture

No grant or gift, by will or otherwise, shall fail on account of any misnomer or informality when the intent of the grantor or donor can be arrived at, nor shall any default, malfeasance, misfeasance or nonuser, on the part of the trustees or other officers or agents of such corporation, work a forfeiture of any of its rights, privileges, powers or franchises.

(Acts 1967, No. 239, p. 615, §9.)

§ 16-52-12 Police Officers - Powers and Duties

The President of Jacksonville State University may appoint or employ one or more suitable persons to act as police officers to keep off intruders and prevent trespass upon and damage to the property and grounds of the university. Such persons shall be charged with all the duties and invested with all the powers of police officers. The officer may eject trespassers from the university buildings and grounds. The officer, without a warrant, may arrest any persons who commit disorderly conduct or trespass on the property of the university, or in any circumstance in which an arrest by a police officer without a warrant is authorized by law, and carry them before the nearest district court or municipal court charged with the trial of such offense. Upon proper affidavit charging the offense, the person arrested may be tried by the court and convicted as in cases of persons brought before the court on a warrant. The officer may summon a posse comitatus.

(Acts 1967, No. 239, p. 615, §11; Acts 1995, No. 95-554, p. 1159, §1; Act 2009-709, p. 2090, §1.)

§ 16-52-12.1 Police Officers - Authority

(a) Any Jacksonville State University police officer appointed pursuant to this section or Section 16-22-1, is a peace officer whose authority extends to any place in the state. The primary duty of the police officer shall be the enforcement of the law on property owned or leased by Jacksonville State University. The police officer shall not otherwise act as a peace officer in enforcing the law except:

(1) When in pursuit of any offender or suspected offender who is charged with the commission of a crime while on the premises of the institution.

(2) To make arrests otherwise lawfully for crimes committed, or for which there is probable cause to believe have been committed, within his or her presence or within the boundaries of the property owned or leased by the institution.

(b) The provisions of this section granting authority to a police officer at this institution of higher learning in the State of Alabama are not intended to limit or abridge any powers heretofore granted to police officers by law and this section is to be considered cumulative.

(c) Nothing in this section shall grant authority to any persons appointed under this section to enter a classroom for the purpose of enforcing traffic or parking citations.

(Act 2009-709, p. 2090, §2.)

§ 16-52-13 Scholarships to School of Nursing - Distribution

There shall be awarded each year 30 scholarships to the Lurleen B. Wallace School of Nursing of Jacksonville State University for nursing education. These scholarships shall be awarded to applicants from the state-at-large. They shall be distributed, insofar as practicable, throughout the state.

(Acts 1971, No. 2288, p. 3688, §1.)

§ 16-52-14 Scholarships to School of Nursing - Who Eligible

To be eligible to receive a scholarship provided by this chapter, a person must have been a resident of the State of Alabama for a period of at least one year immediately preceding the time of making application and must be a person of good character, and shall have been accepted for matriculation by the authorities of Jacksonville State University and shall have met the requirements for professional nursing education as determined by the Lurleen B. Wallace School of Nursing of Jacksonville State University. Applications for scholarships shall be made to the Lurleen B. Wallace School of Nursing of Jacksonville State University.

(Acts 1971, No. 2288, p. 3688, §2.)

§ 16-52-15 Scholarships to School of Nursing - Amount and Conditions; Selection of Recipients

Each scholarship provided for by this chapter shall be in the amount of $600.00 per year, payable from funds appropriated to the Lurleen B. Wallace School of Nursing of Jacksonville State University for this purpose. A scholarship may either be renewed by the said school of nursing for the same student or awarded to another applicant for the scholarship. Appropriate competitive examinations of aptitude and ability shall be administered to the applicants by the Lurleen B. Wallace School of Nursing of Jacksonville State University. The results of the examinations shall be used as guides in the selection of the recipients of the scholarships from the various geographical areas of the state. In case a scholarship student fails to complete the course prescribed for the baccalaureate degree in nursing, that student must repay the amount of scholarship funds used. Any funds thus collected may be used as scholarship assistance for other nursing students. A scholarship student must agree to practice professional nursing in the State of Alabama for at least one year after completing the course at the Lurleen B. Wallace School of Nursing of Jacksonville State University.

(Acts 1971, No. 2288, p. 3688, §3.)

§ 16-52-16 Right, Title and Interest in Property Conveyed to University

All of the right, title and interest of the State of Alabama in and to the real property acquired by and in the name of the State of Alabama for the use and benefit of the state educational institution formerly known as Jacksonville State College at Jacksonville, Alabama, is hereby conveyed to and vested in Jacksonville State University, the body corporate created by Act No. 239, Regular Session 1967, approved August 16, 1967.

(Acts 1979, No. 79-613, p. 1084, § 1.)

Chapter 53 University of West Alabama

§ 16-53-1 Body Corporate

The Governor and the State Superintendent of Education, by virtue of their respective offices, and the trustees appointed pursuant to Section 16-53-3 and their successors in office are hereby constituted and shall be a body corporate under the name of The University of West Alabama, as successor to Livingston University.

(Acts 1967, No. 424, p. 1092, §2; Acts 1971, No. 1190, p. 2055, §2; Act 99-701, 2nd Sp. Sess., p. 210, §1; Act 2006-576, p. 1513, §1.)

§ 16-53-2 Corporate Powers

Such corporation shall have all the rights, privileges, and franchises necessary to the promotion of the ends of its creation, and shall be charged with all corresponding duties, liabilities, and responsibilities. Such corporation may hold and may lease, sell, or, in any other manner not inconsistent with the object or terms of the grant or grants under which it holds, dispose of any property, real or personal, or any estate or interest therein remaining, of any grant by any governmental unit or by any person, or accruing to the corporation from any source, as it may deem best for the purposes of the university. The president with the approval of the board shall be authorized to execute any lease, deed, or other instrument of conveyance on behalf of the corporation, without additional approval.

The board of trustees shall have the exclusive authority over and jurisdiction of land, buildings, and other capital improvements now existing on or hereinafter provided for such campus. No contract for capital improvements, alterations, remodeling, and changing of capital improvements shall be made without the authorization and approval of the board of trustees, and which approval shall be granted by appropriate resolutions of the body. Any contract, agreement, or other act relating to capital improvements, except for maintenance, repairs, and maintaining existing facilities, shall be void and of no effect unless authorized by resolutions of the board.

All acts of The University of West Alabama lawfully done prior to July 1, 2006, by the board of trustees or by the executive officer, are hereby approved, ratified, and confirmed.

(Acts 1967, No. 424, p. 1092, §3; Acts 1971, No. 1190, p. 2055, §3; Acts 1990, No. 90-523, p. 763; Act 99-701, 2nd Sp. Sess., p. 210, §1; Act 2006-576, p. 1513, §1.)

§ 16-53-3 Board of Trustees - Created; Membership, Eligibility, Etc

(a) The board of trustees of the state educational institution at Livingston, Alabama, now known as The University of West Alabama, but formerly known as Livingston University, shall consist of two members from the congressional district in which the primary campus office of the institution is located, one member from each of the other congressional districts in the state, five members from the state-at-large, the State Superintendent of Education, and the Governor, who shall be ex officio president of the board. Beginning in 2006, the terms of the trustees shall be six years, with the exceptions noted below, and no trustee may serve more than two terms except that trustees serving in 2006 are eligible for appointment to one additional term regardless of the previous number of terms served. All terms will expire on December 27 of the final year of the term. Should a trustee or trustees whose term expired on December 27, 2003, but who continued to serve, be reappointed to another consecutive term or should a new trustee or trustees be appointed in place of this trustee or these trustees, time elapsed between December 27, 2003, and the date of reappointment will be considered part of the six-year term of appointment, and the trustee’s or trustees’ term will end December 27, 2009. In order to effect a more balance rotational cycle, one of the at-large 2011 appointees will be appointed to a term of four years instead of six years, resulting in 2015 in three three-member classes and one four-member class. Successors to the trustees hereinabove provided for shall be appointed by the Governor, by and with the advice and consent of the Senate, each for a term as herein provided and until his or her successor has been appointed and has qualified.

(b) No trustee shall receive any pay or emolument other than his or her actual expenses incurred in the discharge of his or her duties as such.

(c) No employee of The University of West Alabama, or any person related by blood or marriage to the chief executive officer of the school, shall be eligible to serve on its board of trustees.

(d) No member of the board shall, individually, as a partner, as a stockholder, board member, or officer of a corporate body, conduct any business transaction, directly or indirectly, with The University of West Alabama. Any such person who does so shall be immediately removed from the board of trustees and replaced by appointment by the Governor for the unexpired portion of his or her term. The chief executive officer of the university shall not as an individual or as an incorporator, officer, or director of any profit-making company, corporation, association, partnership, or other organization engage in any business in any manner which will conflict with his or her duties as such chief executive officer or with the best interest of the university or the students enrolled therein. Nothing herein shall be construed to forbid such chief executive officer from serving as a trustee of another educational institution or as an officer of a church or other eleemosynary institution or as an officer, director, or trustee of any organization when no profit will accrue to him or her or his or her immediate family from any business done by such organization for or with the university or the students enrolled therein. Should the chief executive officer of the university engage in any business in contravention of this provision, such action shall be sufficient cause for his or her immediate removal by the board of trustees.

(e) Should the number of congressional districts be reduced by reason of reapportionment or otherwise, resulting in the term of the member representing the district eliminated being terminated, the number of state-at-large members shall be increased in proportion to the number of such members whose terms are terminated.

(Acts 1967, No. 424, p. 1092, §1; Acts 1971, No. 1190, p. 2055, §1; Acts 1978, No. 519, p. 573, §1; Act 99-701, 2nd Sp. Sess., p. 210, §1; Act 2006-576, p. 1513, §1.)

§ 16-53-4 Board of Trustees - Meetings

(a) The Board of Trustees of The University of West Alabama shall hold its regular annual meeting each year at the institution on the first Monday in June, unless the board shall in regular session determine to hold its meeting at some other time and place. Thereafter, the board shall hold quarterly meetings on the first Monday of each third month after the annual meeting, unless the board shall in regular session determine to hold its quarterly meeting at some other time or place. Special meetings of the board may be assembled by either one of the two methods outlined as follows:

(1) Special meetings of the board may be called by the Governor. In calling special meetings, the Governor shall mail a written notice to each trustee at least 10 days in advance of the date of the meetings.

(2) Upon the application in writing of any eight members of the board, the Governor shall call a special meeting, naming the time and place thereof and causing notices to be issued in writing to the several members of the board. Special meetings shall not be held on a date less than 10 days subsequent to the notice from the Governor.

(b)(1) Members of the board may participate in a meeting of the board or any committee of the board by telephone conference, video conference, or similar communications equipment by means of which all persons participating in the meeting may hear each other at the same time. Participation by these electronic means shall constitute presence in person at the meeting for all purposes, including the establishment of a quorum; provided that at least one board member is physically present at the location noticed and called for the meeting.

(2) The telephone or video conference or similar communications equipment shall also allow members of the public the opportunity to simultaneously listen to or observe the meetings.

(3) Except as specifically provided otherwise by this section, meetings using communications equipment as authorized by this section shall be conducted in compliance with the Alabama Open Meetings Act.

(c) The executive committee of the board and other committees of the board shall hold meetings at times and on dates as the board of trustees may provide.

(Acts 1967, No. 424, p. 1092, §6; Acts 1971, No. 1190, p. 2055, §5; Act 99-701, 2nd Sp. Sess., p. 210, §1; Act 2006-576, p. 1513, §1; Act 2022-168, §1.)

§ 16-53-5 Board of Trustees - Quorum

Seven members of the board of trustees shall constitute a quorum, but a smaller number may adjourn from day to day until a quorum is present.

(Acts 1967, No. 424, p. 1092, §7; Acts 1971, No. 1190, p. 2055, §6.)

§ 16-53-6 Board of Trustees - Powers as to Organization and Administration

The president shall be elected by the board of trustees and shall have the power and duty to appoint a corps of instructors who shall be styled the faculty and such other instructors and officers as the interest of the university may require, to remove any instructors or officers, to fix their salaries or compensation, and to define the authority or duty of such instructors or officers. The president may regulate, alter, and modify the organization of the university, subject to review and concurrence of the board. The president shall further have the duty and authority to prescribe courses of instruction within academic programs that have been approved by the board. The president may confer academic degrees and such honorary degrees as are usually conferred by institutions of similar character upon the recommendation of the faculty.

The board may designate one or more depositories for school funds.

(Acts 1967, No. 424, p. 1092, §4; Acts 1971, No. 1190, p. 2055, §4; Act 99-701, 2nd Sp. Sess., p. 210, §1; Act 2006-576, p. 1513, §1.)

§ 16-53-7 Board of Trustees - Transfer of Jurisdiction; Additional Powers

After July 1, 2006, the board of trustees created by this chapter for The University of West Alabama shall have exclusive jurisdiction, supervision, and control of The University of West Alabama; and the State Board of Education is thereafter divested of all jurisdiction, power, and authority with regard to the supervision, management, and control of such university except as otherwise herein provided. In addition to the powers, duties, and authority hereinabove vested in the board of trustees, such board shall have and exercise all power, authority, and duties heretofore conferred on, vested in, or required of the State Board of Education under any laws of this state with regard to the supervision, management, and control of such university except as otherwise herein provided. The Board of Trustees of The University of West Alabama retains control of all supplies, funds, books, documents, records, and other property or effects of the university transferred to the board by the State Board of Education on September 7, 1967.

(Acts 1967, No. 424, p. 1092, §12; Act 99-701, 2nd Sp. Sess., p. 210, §1; Act 2006-576, p. 1513, §1.)

§ 16-53-7.1 Board of Trustees - Limitation of Powers

[Repealed]

Repealed by Act 2006-576, p. 1513, §2, effective July 1, 2006.

(Act 99-701, 2nd Sp. Sess., p. 210, §2)

§ 16-53-8 Board of Trustees - Vacancy in Office

Any vacancy in the office of trustee occurring during the recess of the Legislature shall be filled by appointment of the Governor. Such appointee shall hold office until the next session of the Legislature, when the vacancy shall be filled by the Governor by and with the consent of the Senate. A trustee appointed to fill a vacancy by the Governor, by and with the consent of the Senate, shall hold office during the unexpired term.

(Acts 1967, No. 424, p. 1092, §5.)

§ 16-53-9 Board of Trustees - Payment of Expenses

[Repealed]

Repealed by Act 2006-576, p. 1513, §2, effective July 1, 2006.

(Acts 1967, No. 424, p. 1092, §8; Act 99-701, 2nd Sp. Sess., p. 210, §1.)

§ 16-53-10 Board of Trustees - Reports to Legislature

It shall be the duty of the board of trustees to make or cause to be made to the Legislature, at each session thereof, a full report of their transactions and of the condition of the university, embracing an itemized account of all receipts and disbursements on account of the university by those charged with the administration of its finances.

(Acts 1967, No. 424, p. 1092, §10.)

§ 16-53-11 Grant or Gift Not to Fail for Informality; Default, Etc., of Trustees Not to Work Forfeiture

No grant or gift, by will or otherwise, shall fail on account of any misnomer or informality when the intent of the grantor or donor can be arrived at; nor shall any default, malfeasance or nonuser on the part of the trustees or other officers or agents of such corporation work a forfeiture of any of its rights, privileges, powers or franchises.

(Acts 1967, No. 424, p. 1092, §9.)

§ 16-53-12 Police Officers

(a) The President of The University of West Alabama may appoint and employ suitable persons to act as police officers to keep off intruders and prevent trespass upon and damage to the property and grounds of the university. Such persons shall be charged with all the duties and invested with all the powers of police officers and may eject trespassers from the university buildings and grounds, and may, without a warrant, arrest any person guilty of disorderly conduct or of trespass upon the property of the university or of any public offense committed in their presence, and carry them before the nearest district court, before which, upon proper affidavit charging the offense, any person so arrested may be tried and convicted as in cases of persons brought before him or her on his or her warrant; and such officers shall have authority to summon a posse comitatus and may, with a warrant, arrest any persons found upon or near the premises of the university charged with any public offense and take them before any proper officer.

(b) The police officers provided for in this section shall cooperate with and, when requested, furnish assistance to the regularly constituted authorities of the City of Livingston and Sumter County and their jurisdictions and authority shall be coextensive within the corporate limits of each municipality or county.

(Acts 1967, No. 424, p. 1092, §11; Act 99-701, 2nd Sp. Sess., p. 210, §1; Act 2006-576, p. 1513, §1.)

Chapter 54 University of Montevallo

§ 16-54-1 Name; Powers Generally

The school heretofore established at Montevallo as the Alabama Girls’ Industrial School, subsequently known as and called the Alabama Girls’ Technical Institute, later known as and called the Alabama Technical Institute and College for Women and still later known as and called Alabama College is and shall remain a body corporate under the corporate name of University of Montevallo, and by that name may sue and contract, acquire and hold real and personal property and have and exercise all the powers of a corporation established to be a state educational institution of higher learning and shall succeed to all the rights, privileges, emoluments, benefits, interests and titles heretofore at any time vested in said institution in its respective names. None of the powers, authority or functions of the corporation provided for in this chapter shall be abated or impaired by this section. Only the name of the institution shall be changed by this section. Whenever such institution is referred to in the constitution and in the laws of Alabama by any one of the respective names by which it has been known, the same shall be considered to refer to University of Montevallo.

(School Code 1927, §500; Code 1940, T. 52, §456; Acts 1969, Ex. Sess., No. 199, p. 262, §1; Acts 1979, No. 79-225, p. 342, §1.)

§ 16-54-2 Board of Trustees

The University of Montevallo shall be governed by a board of trustees composed of the Governor, who shall be president, ex officio, the State Superintendent of Education, ex officio, and 11 other trustees as follows: (i) one from each congressional district; (ii) up to one at-large trustee who is not a resident of this state; and (iii) until as otherwise herein provided, a number of trustees from the state-at-large sufficient to bring the number to or keep it at 11. Six members of the board shall constitute a quorum. Beginning January 1, 2027, trustees shall be appointed for a term of eight years. No trustee shall serve more than two terms on the board of trustees; provided, this provision shall not apply to any trustee appointed and confirmed on or before January 1, 2027. In case of the creation and establishment of an additional congressional district in the state, the state-at-large trustee most recently appointed shall cease automatically to be a trustee from the state-at-large and become for the remainder of the term trustee for the new district. Otherwise, all new appointees, except for a nonresident appointee and the state-at-large appointees, shall be at the time of their appointment, residents of the district for which they are appointed, respectively. All appointments of trustees shall be made by the Governor with the advice and consent of the Senate. In case of a vacancy in the office of trustee, the Governor shall appoint a successor, who shall hold office until the next meeting of the Legislature, when the Governor, by and with the advice and consent of the Senate, shall appoint a trustee, who shall hold office for the unexpired term. A trustee shall be ineligible to be elected by the board of trustees to or otherwise hold any office of the institution where compensation is provided. The trustees are entitled to receive payment of their actual expenses incurred in the discharge of their duties as trustees.

(School Code 1927, §501; Code 1940, T. 52, §457; Acts 1979, No. 79-225, p. 342, §1; Act 2021-382, §1; Act 2026-39, §1.)

§ 16-54-3 Purpose; Mission

The University of Montevallo is established generally for the purpose of giving therein instructions in the liberal arts and sciences and in technical and professional subjects suitable for both men and women. To that end, departments or subjects of instruction may be established from time to time by the trustees upon the recommendation of the president in accord with the provisions of Section 16-5-6.

The overriding mission of the University of Montevallo, unique in Alabama higher education, is to provide to students from throughout the state an affordable, geographically accessible, “small college” public higher educational experience of high quality with a strong emphasis on undergraduate liberal studies and with professional programs supported by a broad base of arts and sciences, designed for their intellectual and personal growth in pursuit of meaningful employment and responsible, informed citizenship.

Growing out of that mission and inherent in it are a number of on-going goals which the trustees from time to time may affirm on the basis of recommendations of the president.

The annual objectives of the institution, determined by the president, shall be consistent with the on-going goals and mission of the institution.

(School Code 1927, §502; Code 1940, T. 52, §458; Acts 1956, 1st Ex. Sess., No. 28, p. 52, §1; Acts 1979, No. 79-225, p. 342, §1.)

§ 16-54-4 Degrees and Diplomas

On the advice of the faculty, and with the approval of the trustees, the president may grant and confer diplomas, certificates or degrees (including honorary degrees) upon such students or persons as may be entitled thereto under the rules adopted by the trustees governing this subject.

(School Code 1927, §503; Code 1940, T. 52, §459; Acts 1979, No. 79-225, p. 342, §1.)

§ 16-54-5 President

The trustees shall elect a president for a term to be fixed by them, who shall not be removed during the term for which he or she is elected, except for just cause, which shall be explicitly set forth in writing in the minutes of the proceedings of the trustees and approved by a majority of all the trustees. No individual shall be eligible to the office of president unless he or she is a graduate of some college or university of well-known high standing, of good moral character, and possessing good business and administrative qualifications. The trustees are encouraged to consider an individual who is an educator by profession for the position of president. The trustees shall fix the compensation of the president, including such emoluments and prerequisites necessary to carry out the functions of the office.

(School Code 1927, §504; Code 1940, T. 52, §460; Acts 1979, No. 79-225, p. 342, §1; Act 2026-38, §1.)

§ 16-54-6 Faculty and Staff

The president, with the advice and consent of the trustees, shall appoint and fix the compensation for all faculty, including professors, associate professors, assistant professors, instructors and other necessary teachers, and all staff, including professional and nonprofessional staff. The president, academic vice-president, professors, associate professors, assistant professors and instructors shall compose the faculty of the institution. Policies and procedures governing the employment, dismissal, promotion and disciplining of university faculty and staff shall be determined by the trustees.

(School Code 1927, §505; Code 1940, T. 52, §461; Acts 1979, No. 79-225, p. 342, §1.)

§ 16-54-7 Secretary of Trustees and University

The trustees of the university shall elect a secretary, who shall hold office for the term and receive such compensation as may be fixed by the trustees and shall perform such services as may be required of him or her. The president of the institution may serve in this position at the pleasure of the trustees.

(School Code 1927, §506; Code 1940, T. 52, §462; Acts 1979, No. 79-225, p. 342, §1.)

§ 16-54-8 Treasurer - Generally; Bond

The trustees shall elect a treasurer, who shall not be a trustee, who shall receive, hold and pay out all moneys belonging to the university or that may be paid in for the necessary expenses of students in the university or for their use and benefit, and the treasurer shall hold office for the term and receive such compensation as may be fixed by the trustees. Before entering upon the duties of the office, the treasurer must give bond in such penalty as the trustees may fix, payable to the University of Montevallo, with conditions that he or she will faithfully receive, safely keep and lawfully pay out, and promptly, fully and fairly account for all moneys or choses in action which may come to him or her by virtue of the office, and the trustees may require a new bond, or an additional bond, whenever they judge that the interest of the university requires it. The business manager or chief financial officer by whatever name appointed by the president may serve in this position at the pleasure of the trustees.

(School Code 1927, §507; Code 1940, T. 52, §463; Acts 1979, No. 79-225, p. 342, §1.)

§ 16-54-9 Treasurer - Removal

Whenever the funds in the hands of the treasurer or funds about to be received by the office are in danger of being lost, the trustees or president may remove the treasurer from office and take all funds and choses in action belonging to the university or any student therein, and may, in that event, appoint a temporary custodian with bond or security to hold such funds.

(School Code 1927, §508; Code 1940, T. 52, §464; Acts 1979, No. 79-225, p. 342, §1.)

§ 16-54-10 Records of Transactions Required

The secretary, the treasurer and all other officers, agents or servants of the university who are required to keep, use or dispose of any property of the university shall keep accounts of their transactions in books to be furnished them by the trustees, which shall at all times be open to the inspection and examination of the president, the trustees or anyone appointed by the trustees thereto; and any person withholding such book or books belonging to the university from the inspection of any officer entitled to examine the same shall be immediately removed from his office or employment by the president or trustees.

(School Code 1927, §509; Code 1940, T. 52, §465; Acts 1979, No. 79-225, p. 342, §1.)

§ 16-54-11 Who May Be Admitted

Any person residing in Alabama, of good character, good health and of sufficient physical and mental development to support the assumption of success in his or her course of study, to be judged by the president or a designee, who shall comply with all the requirements prescribed by the trustees, may be admitted into the university and, upon completing the course of study prescribed at the time of his or her admission, to the satisfaction of the faculty, shall receive the certificate, diploma or degree he or she may have earned. Whenever the accommodations of the university are sufficient to admit more students than apply and are accepted from Alabama, then students from other states or countries may be received and instructed in the university upon such terms and conditions as may be imposed by the president or trustees.

(School Code 1927, §510; Code 1940, T. 52, §466; Acts 1956, 1st Ex. Sess., No. 28, p. 52, §2; Acts 1979, No. 79-225, p. 342, §1.)

§ 16-54-12 Property Exempt from Taxes; Employees Exempt from Town License Taxes

The property of the university, of every kind and description, shall forever be exempt from all taxes, municipal, county or state, and from all local assessments. All employees are exempt from the payment of town licenses for their labor while working for this institution.

(School Code 1927, §511; Code 1940, T. 52, §467; Acts 1979, No. 79-225, p. 342, §1.)

§ 16-54-13 Student Assistants

As far as may be practicable, students in the university may be employed in giving assistance in any department of work of the university to enable them to obtain instruction therein, but students shall be employed only in cases and to the extent that they may be able to render efficient service without injury to themselves or to the university.

(School Code 1927, §512; Code 1940, T. 52, §468; Acts 1979, No. 79-225, p. 342, §1.)

§ 16-54-13.1 Employment, Powers, and Duties of University Police Officers

(a) The President of the University of Montevallo, with the approval of the board of trustees, is hereby authorized to appoint and employ suitable persons to act as police officers to keep off intruders and prevent trespass upon and damage to the property and grounds of the university. Such persons shall be charged with all the duties and invested with all the powers of police officers and may eject trespassers from the university buildings and grounds and may, without a warrant, arrest any person guilty of disorderly conduct or of trespass upon the property of the university, or for any public offense committed in their presence, and carry them before the nearest municipal or district court, before which, upon proper affidavit charging the offense, any person so arrested may be tried and convicted as in cases of persons brought before him on his warrant. Such officers shall have authority to summon a posse comitatus and may, with a warrant, arrest any person found upon or near the premises of the university who are charged with any public offense and take them before the proper officer.

(b) The police officers provided for in this section shall cooperate with and, when requested, may furnish assistance to the regularly constituted authorities of the City of Montevallo and their jurisdiction and authority shall be coextensive with the corporate limits of the municipality.

(Acts 1991, No. 91-356, p. 689, §§1, 2.)

§ 16-54-13.2 Enforcement of Fire Protection and Prevention Laws, Etc., by Fire Marshal

(a) The State Fire Marshal shall have exclusive authority to enforce laws, regulations, and ordinances of the state as specified in Section 36-19-2, at the University of Montevallo. These responsibilities shall be performed by the State Fire Marshal or by deputies regularly employed pursuant to the state Merit System acting with the designation and under the direct supervision of the State Fire Marshal. The State Fire Marshal may appoint the Chief of Police and the Director of the Physical Plant of the University of Montevallo as deputies or assistants for the purpose of this section.

(b) This section may not be construed to change the responsibility of the regularly established municipal fire authority to provide fire suppression services on the same basis to all institutions, businesses, and residences within the incorporated limits of the applicable municipality.

(Act 2002-513, p. 1322, §1.)

§ 16-54-14 Grants and Rights Preserved

All rights of property and action which may have accrued to the university before October 1, 1927 are confirmed and preserved, including the right to permit alumni and friends to establish such corporate entities as an alumni association and a University of Montevallo Foundation, which may be staffed by and housed at the university, and no grant or gift of any valuable thing or right shall fail by reason of a mistake in the name of this corporation or college; provided, that the intention to grant or give to the institute may be derived from the words used in designating the beneficiary or grantee. All rights, powers and remedies granted in and by an act to create and establish an industrial school in the State of Alabama, approved February 21, 1893, and any act amendatory thereof, are confirmed and preserved for the University of Montevallo.

(School Code 1927, §513; Code 1940, T. 52, §469; Acts 1979, No. 79-225, p. 342, §1.)

§ 16-54-15 Condemnation of Lands or Interests Therein

Whenever the University of Montevallo needs any land or interest therein near the university for its purposes, and the owner thereof is a minor or an insane person, or refuses to sell the land to the state for the use of the university, or will not agree with the board of trustees or the president on a price therefor, the trustees shall have authority to institute in the probate court of Shelby County proceedings in the name of the State of Alabama, to condemn such land, which proceedings shall be conducted as nearly as may be possible in accordance with the provisions of Chapter 1 of Title 18. It shall be the duty of the trustees to pay out of the funds of the university all costs of every condemnation proceeding instituted by them under the power hereby conferred.

(School Code 1927, §514; Code 1940, T. 52, §470; Acts 1979, No. 79-225, p. 342, §1.)

§ 16-54-16 Lease or Disposal of Lands, Including Lands Received by Federal Grant; Proceeds to Be Paid into Restricted Endowment

The lands now owned by the University of Montevallo or granted by the United States or by the Congress of the United States to the State of Alabama for the use of this institution, shall be leased, sold, conveyed or disposed of only by the board of trustees; provided, that the board of trustees may delegate to its executive committee of three or more of its members the right and power to lease or sell any of said lands, and when any lease or sale shall have been made as herein provided, the Governor, upon request of the board of trustees, or its executive committee, as the case may be, shall execute contracts of lease or deeds of conveyance as may have been agreed on between the board or its executive committee and the lessee or purchaser. All the proceeds arising from the sale, rental or lease of federally granted lands, or any of the rights thereunto pertaining shall be paid into the University of Montevallo restricted endowment, it being the purpose and intent of the university to preserve the principal amount generated by these lands. Any income generated by the University of Montevallo restricted endowment shall be used for the support and maintenance of the university.

(School Code 1927, §516; Code 1940, T. 52, §471; Acts 1979, No. 79-225, p. 342, §1; Acts 1980, No. 80-570, p. 882, §1.)

§ 16-54-17 Disposition of Proceeds and Income from Sale or Lease of Nonfederally Granted Lands

Unless otherwise restricted, the proceeds of all nonfederally granted lands sold or leased by the University of Montevallo, or income therefrom, shall be paid to the University of Montevallo and budgeted and expended by the board of trustees for the benefit of the university. The university, out of the money appropriated by the state Legislature for its maintenance, shall pay all the expenses of caring for, protecting, and selling the lands.

(School Code 1927, §517; Code 1940, T. 52, §472; Acts 1979, No. 79-225, p. 342, §1; Acts 1980, No. 80-570, p. 882, §1; Act 2012-511, p. 1527, §1.)

§ 16-54-18 Fund Previously Generated by Proceeds from Lands Dedicated to University to Be Deposited in Restricted Endowment Fund; Provisions for Payment of Remaining Principal Over Five-Year-Period; Interest to Be Paid

On May 19, 1980, the Treasurer of the state shall pay to the Treasurer of the University of Montevallo the whole amount of the fund in the Treasury generated by proceeds from both federally granted and other lands dedicated to the benefit of the University of Montevallo. These funds shall be deposited into the University of Montevallo Restricted Endowment Fund.

On October 1, 1996, and on October 1 of each of the next four fiscal years, the State Treasurer shall pay to the Treasurer of the University of Montevallo one-fifth of the remaining principal sum of proceeds not heretofore transferred, which were derived and generated from the sales of federal lands granted by the United States Congress to the State of Alabama for the express support of the University of Montevallo, together with a sum of accumulated deferred interest as specified below. Within 90 days of May 5, 1993, the Governor, Director of Finance, and State Treasurer shall certify and determine the principal sum of all proceeds from sales of the federal and other lands, and the remaining principal sum not heretofore transferred and upon which the state has been and is paying interest at the rate of six percent per annum. They shall also determine and certify the sum of accumulated deferred interest, being the net difference arising from interest paid by the State Treasury to the university on the principal sum of all proceeds from sale of federal and other lands and the total interest which would have been paid at a rate equal to the highest rate paid to any public institution of higher education in Alabama upon endowments created from land sales and held by the State Treasury. The sums transferred shall be deposited in the University of Montevallo Restricted Endowment Fund, and there held inviolate, it being the purpose and intent of the State of Alabama to execute in good faith the trust reposed in it by the United States Congress when granting lands to the state for the benefit of the institution.

Upon the remaining principal sum not heretofore transferred and on the accumulated deferred interest, there shall be paid interest at a rate equal to the highest rate paid to any public institution of higher education in Alabama upon endowments created from land sales and held by the State Treasury, not to exceed eight percent per annum. Interest payments on the amounts transferred under this section shall be computed and paid and shall cease upon the transfer of the amounts to the University of Montevallo Restricted Endowment Fund.

(School Code 1927, §518; Code 1940, T. 52, §473; Acts 1979, No. 79-225, p. 342, §1; Acts 1980, No. 80-570, p. 882, §1; Acts 1993, No. 93-335, p. 515, §1.)

Chapter 55 University of South Alabama

Article 1 General Provisions

§ 16-55-1 Governor, State Superintendent of Education and Trustees Constituted Public Body Corporate

The Governor and the State Superintendent of Education, by virtue of their respective offices, and the trustees appointed from the senatorial districts of the state enumerated in Section 16-55-2, are constituted a public body corporate under the name of University of South Alabama to carry into effect the purposes expressed in this article and to establish a state institution of higher learning.

(Acts 1963, 2nd Ex. Sess., No. 157, p. 350, §1.)

§ 16-55-2 Board of Trustees - Appointment; Terms; Vacancies; Compensation and Expenses

(a) The board of trustees shall consist of three members from Mobile County, nine members from the state at-large, three members from the United States at-large, and the Governor, who shall be ex officio president of the board. The trustees shall be appointed by the Governor, by and with the advice and consent of the State Senate, and all appointees appointed on and after June 1, 2014, shall hold office for a term of six years, and until their successors shall be appointed and qualified. The board shall be divided into three classes, as nearly equal as may be, so that one-third may be chosen as provided in Section 16-55-5. Vacancies occurring in the office of trustee from death or resignation and the vacancies regularly occurring by expiration of the term shall be filled by the Governor, and the appointee shall hold office until the next meeting of the Legislature. Successors to those trustees whose terms expire during an interim shall hold office for the full term unless they are rejected by the Senate. No trustee shall receive any pay or emolument other than his or her actual expenses incurred in the discharge of his or her duties as a trustee.

(b) As the terms of the trustees holding the seats for each of the following combinations of state senatorial districts expire, the Governor shall appoint successor trustees in accordance with subsection (a):

(1) The Sixteenth and Seventeenth Districts.

(2) The Nineteenth and Twentieth Districts.

(3) The Twenty-first District.

(4) The Twenty-third, Twenty-fifth, and Thirtieth Districts.

(5) The Thirty-fifth District.

(Acts 1963, 2nd Ex. Sess., No. 157, p. 350, §2; Acts 1965, No. 557, p. 1041, §1; Act 2014-89, p. 146, §1; Act 2025-290, §1.)

§ 16-55-3 Board of Trustees - Rights, Privileges and Authority

The Board of Trustees of the University of South Alabama shall have all the rights, privileges and authority necessary to promote the purpose of its creation, which is to establish and provide for the maintenance and operation of a state university in Mobile County. The board may hold, lease, sell or in any other manner not inconsistent with the object or terms of the grant or grants under which it holds, dispose of any property, real or personal, or any estate or interest therein, as to it may seem best for the purposes of the institution, and sales of property, real or personal, may be made at any time by the trustees.

(Acts 1963, 2nd Ex. Sess., No. 157, p. 350, §3.)

§ 16-55-4 Board of Trustees - Powers as to Organization and Administration

The board of trustees shall have the power to organize the institution by appointment of instructors and faculty members and such executive and administrative officers and employees as may be necessary to operate the university; the trustees may remove any officers, faculty members or employees of the institution in their discretion and shall have the power and authority to fix salaries or compensation, increase or reduce the same at their discretion, to regulate, alter or modify the government of the institution as they may consider advisable. The trustees may prescribe courses of instruction, rates of tuition and fees, confer such academic and honorary degrees as are usually conferred by institutions of like character; and they may do whatever else they may consider in the best interest of the institution.

(Acts 1963, 2nd Ex. Sess., No. 157, p. 350, §4.)

§ 16-55-5 Board of Trustees - Trustees Divided into Classes; Initial Terms

The trustees of the University of South Alabama, other than the ex officio members of the board, shall be grouped into three classes as provided in Section 16-55-2. The members constituting the first class shall first be appointed for terms expiring September 30, 1965; the members of the second class shall be first appointed for terms expiring September 30, 1969; and the members of the third class shall be first appointed for terms expiring September 30, 1973. Their successors shall initially be appointed for terms of 12 years each. Commencing on June 1, 2014, successors shall be appointed for terms of six years each.

(Acts 1963, 2nd Ex. Sess., No. 157, p. 350, §5; Acts 1965, No. 557, p. 1041, §1; Act 2014-89, p. 146, §1.)

§ 16-55-6 Board of Trustees - Quorum; Meetings

(a) Seven members of the board of trustees shall constitute a quorum, but a smaller number may adjourn from day to day until a quorum is present. The board shall hold a regular annual meeting each year at the university in June, unless the board, in regular session, determines to hold its meeting at some other time and place.

(b)(1) Special meetings of the board may be called by:

a. The chair pro tempore of the board;

b. The Governor; or

c. The chair pro tempore of the board or the Governor, upon application in writing of any three or more members of the board.

(2) Once a special meeting is called, written notice shall be provided to each trustee at least 24 hours before the meeting is scheduled to begin, except in case of emergency, which the chair pro tempore or the Governor shall specify in his or her notice to the trustees.

(Acts 1963, 2nd Ex. Sess., No. 157, p. 350, §6; Act 2014-89, p. 146, §1; Act 2025-290, §1.)

§ 16-55-6.1 Board of Trustees - Participation in Meetings by Electronic Communications

Members of the Board of Trustees of the University of South Alabama may participate in a meeting of the board or committee by means of telephone conference, video conference, or similar communications equipment by means of which all persons participating in the meeting may hear each other at the same time. Participation by such means shall constitute presence in person at a meeting for all purposes. However, a majority of a quorum of the members of the board of trustees, or, in the event of a meeting of only the executive committee, a majority of a quorum of the executive committee of the board of trustees must be physically present at the location noticed and called for the meeting in order to conduct any business or deliberation. Members of the board of trustees and any committees of the board of trustees may not utilize electronic communications except as in compliance with the Alabama Open Meetings Act. Notice of board meetings shall be provided in accordance with the Alabama Open Meetings Act, and telephone or video conference or similar communications equipment shall also allow members of the public the opportunity to simultaneously listen to or observe such meetings.

(Act 2012-264, p. 510, §1.)

§ 16-55-7 Scholarships to School of Nursing - Distribution

There shall be awarded each year 30 scholarships to the School of Nursing of the University of South Alabama for nursing education. These scholarships shall be awarded to applicants from the state-at-large. They shall be distributed, insofar as practicable, throughout the state.

(Acts 1971, No. 2302, p. 3714, §1.)

§ 16-55-8 Scholarships to School of Nursing - Who Eligible

To be eligible to receive a scholarship provided by this chapter, a person must have been a resident of the State of Alabama for a period of at least one year immediately preceding the time of making application and must be a person of good character and shall have been accepted for matriculation by the authorities of the University of South Alabama and shall have met the requirements for professional nursing education as determined by the School of Nursing of the University of South Alabama.

(Acts 1971, No. 2302, p. 3714, §2.)

§ 16-55-9 Scholarships to School of Nursing - Amount and Conditions; Selection of Recipients

Each scholarship provided for by this article shall be in the amount of $600.00 per year, payable from funds appropriated to the School of Nursing of the University of South Alabama for this purpose. A scholarship may either be renewed by the said school of nursing for the same student or awarded to another applicant for the scholarship. Appropriate competitive examinations of aptitude and ability shall be administered to the applicants by the School of Nursing of the University of South Alabama. The results of the examinations shall be used as guides in the selection of the recipients of the scholarships from the various geographical areas of the state. In case a scholarship student fails to complete the course prescribed for the baccalaureate degree in nursing, that student must repay the amount of scholarship funds used. Any funds thus collected may be used as scholarship assistance for other nursing students. In the event of the scholarship recipient’s death, the funds disbursed and not repaid shall be cancelled. In the event the scholarship recipient becomes mentally or physically impaired and is unable to complete the baccalaureate degree in nursing, or has graduated but is unable to complete one year of service as a nurse due to such disability, the funds disbursed and not repaid shall be cancelled. A scholarship student must agree to practice professional nursing in the State of Alabama for at least one year after completing the course at the School of Nursing of the University of South Alabama.

(Acts 1971, No. 2302, p. 3714, §3.)

§ 16-55-10 Police Officers

(a) The President of the University of South Alabama may appoint and employ suitable persons to serve as police officers to keep off intruders and prevent trespass upon and damage to the property and grounds of the university. Such persons shall be charged with all the duties and invested with all the powers of police officers. An officer may eject trespassers from university buildings and grounds owned, leased, or otherwise controlled by the university. An officer may arrest any person for any offense provided by law and shall transport the offender to the nearest district court or municipal court charged with the trial of such offense.

(b) The police officers provided for in this section shall cooperate with and, when requested, furnish assistance to the regularly constituted authorities of the Municipalities of Mobile and Fairhope, and their jurisdiction and authority shall be coextensive within the police jurisdictions of those municipalities.

(c) Any police officer appointed pursuant to this section or Section 16-22-1, is a peace officer whose authority extends to any place in the state. The primary duty of the police officer shall be the enforcement of the law on property owned, leased, or otherwise controlled by the university. A police officer may not otherwise act as a peace officer in enforcing the law except:

(1) When in pursuit of any offender or suspected offender who is charged with the commission of a crime while on the premises of the institution.

(2) To make arrests otherwise lawfully for crimes committed, or for which there is probable cause to believe have been committed, within his or her presence or within the boundaries of property owned, leased, or otherwise controlled by the institution.

(d) The provisions of this section or Section 16-22-1, granting authority to a police officer at this institution of higher education, are not intended to limit or abridge any powers heretofore granted to police officers by law, and this section is to be considered cumulative.

(e) Nothing in this section shall grant authority to any person appointed under this section to enter a classroom for the purpose of enforcing traffic or parking citations.

(Act 2012-211, p. 376, §1.)

Article 2 Alabama High School Legislative Leadership Academy

§ 16-55-20 Declaration of Legislative Findings

[Repealed]

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(Acts 1994, No. 94-688, p. 1322, §1.)

§ 16-55-21 Creation

[Repealed]

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(Acts 1994, No. 94-688, p. 1322, §2.)

§ 16-55-22 Selection of Participants

[Repealed]

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(Acts 1994, No. 94-688, p. 1322, §3.)

§ 16-55-23 Eligibility Criteria

[Repealed]

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(Acts 1994, No. 94-688, p. 1322, §4.)

§ 16-55-24 Provision of Room and Board, Food, and Supplies; Transportation

[Repealed]

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(Acts 1994, No. 94-688, p. 1322, §5.)

Chapter 56 Troy University

§ 16-56-1 Body Corporate; Rights, Duties, Property, Etc. of Troy University

(a)(1) The Governor, by virtue of the office and the trustees appointed from designated areas of the state, pursuant to Section 16-56-3, and their successors in office, shall constitute a body corporate under the name of Troy University, or by any name the board of trustees may from time to time designate as successor. The name Troy University shall refer to each campus.

(2) All rights, duties, property, real or personal, and all other effects existing in the name of Troy State University, the Troy State University System, or in any other name by which the institution has been known, shall continue in the name of Troy University. Any reference to Troy State University, the Troy State University System, or any other name by which the institution has been known, in any existing law, contract, or other instrument shall constitute a reference to Troy University. All acts of Troy State University lawfully done prior to August 1, 1997, by the board of trustees or by the executive officer are approved, ratified, and confirmed. All acts of the Troy State University System lawfully done prior to June 1, 2009, by the board of trustees or by the executive officer are approved, ratified, and confirmed.

(b) Troy University shall provide, maintain, and operate public higher education programs with facilities dedicated to the preparation of students in a variety of pre-professional and professional fields at the associate, baccalaureate, and graduate degree levels. The university shall provide educational services for the greater community including adult education and advanced education for mature students, private citizens, and service men and women. Troy University shall provide an academic, cultural, and social environment that fosters individuality and develops productive members of society. The mission of Troy University shall be accomplished by providing services to students and the greater community through the utilization of its staff and facilities and through research, creative activities, superior teaching, scholarship, and public service.

(Acts 1967, No. 420, p. 1084, §2; Acts 1997, No. 97-586, p. 1035, §1; Act 2009-159, p. 315, §1.)

§ 16-56-2 Rights, Privileges, Responsibilities, Etc., of Corporation

The corporation shall have all the rights, privileges, powers, and franchises necessary to the promotion of or the end of its creation and shall be charged with all corresponding duties, liabilities, and responsibilities. The headquarters of Troy University shall be in the City of Troy. The corporation may purchase, hold, lease, sell, convey, or in any other manner not inconsistent with the object or terms of the grant or grants under which it holds dispose of any property, or any interest in any property, real or personal, or any estate or interest therein, from any source, at any time and upon any terms, as it may deem in the best interest of the university. The corporation may also borrow money and incur other obligations at any time and under any terms it may deem in the best interest of the university.

(Acts 1967, No. 420, p. 1084, §3; Acts 1997, No. 97-586, p. 1035, §2; Act 2009-159, p. 315, §1.)

§ 16-56-3 Board of Trustees - Membership; Appointment; Terms

Troy University shall be governed by a board of trustees. The board of trustees shall have representation from seven geographic areas of the state. Area one shall consist of the following counties: Mobile, Baldwin, Washington, Clarke, Choctaw, Marengo, and Sumter. Area two shall consist of the following counties: Escambia, Covington, Geneva, Houston, Conecuh, Coffee, Dale, Henry, Butler, Crenshaw, Pike, Wilcox, Monroe, and Barbour. Area three shall consist of the following counties: Bullock, Russell, Macon, Lee, Elmore, Coosa, Tallapoosa, Chambers, and Randolph. Area four shall consist of the following counties: Montgomery, Lowndes, Dallas, Perry, Autauga, Chilton, Tuscaloosa, Hale, Greene, and Bibb. Area five shall consist of the following counties: Talladega, Clay, St. Clair, Calhoun, Cleburne, and Shelby. Area six shall consist of the following county: Jefferson. Area seven shall consist of the following counties: Lamar, Fayette, Walker, Cullman, Winston, Marion, Franklin, Lawrence, Morgan, Colbert, Lauderdale, Pickens, Limestone, Madison, Jackson, Marshall, DeKalb, Blount, Etowah, and Cherokee. The board of trustees shall consist of two trustees from area two, two trustees from area four, and one trustee from each of the other five areas, two trustees at-large, who may or may not be residents of the state, and the Governor, who shall be ex officio president of the board. The board of trustees shall elect from its members, by a majority vote, a president pro tempore, who shall serve as chair of the board in the absence of the Governor. The trustees shall be appointed by the Governor, by and with the advice and consent of the Senate and shall hold office for terms of 12 years, and until their successors shall be appointed and qualified. The trustees serving on January 1, 2009, shall serve out the terms for which they had previously been appointed and confirmed. The State Superintendent of Education serving on January 1, 2009, shall continue to serve as a trustee on the board until the completion of his or her term of office as superintendent or until he or she vacates the position of State Superintendent of Education, whichever occurs first. No employee of Troy University shall be eligible to serve as a trustee.

(Acts 1967, No. 420, p. 1084, §1; Acts 1997, No. 97-586, p. 1035, §3; Act 2009-159, p. 315, §1.)

§ 16-56-4 Board of Trustees - Meetings

The Board of Trustees of Troy University shall hold its regular annual meeting each year in the City of Troy on or about the date scheduled for spring term graduation unless the board shall, during a regular or special session, determine to hold its annual meeting at some other time and place. Special meetings of the board may be assembled by either of the following methods:

(1) Special meetings of the board may be called by the Governor or by the president pro tempore. In calling special meetings, the Governor or the president pro tempore shall mail a written notice to each trustee at least 10 days in advance of the date of the meeting.

(2) Upon the application in writing of any three members of the board, the Governor or the president pro tempore shall call a special meeting, naming the time and place thereof and causing notices to be issued in writing to the several members of the board.

The meetings shall not be held on a date less than 10 days subsequent to the notice from the Governor or the president pro tempore.

(Acts 1967, No. 420, p. 1084, §6; Acts 1997, No. 97-586, p. 1035, §4; Act 2009-159, p. 315, §1.)

§ 16-56-5 Board of Trustees - Quorum; Meetings of Standing Committees

(a) A majority of the members of the board of trustees shall constitute a quorum, but a smaller number may adjourn from day to day until a quorum is present. A quorum may be assembled in person or through electronic communications that permit complete auditory access to the proceedings of the board. During each meeting of the board, no more than two members may participate through electronic communications.

(b) Standing committees of the board, excluding the executive committee, may meet by means of telephone conference, video conference, or other electronic means by which all persons participating in the meeting, and members of the public, may hear each other simultaneously, if the committee has no authority other than to make recommendations to the full board. Meetings conducted pursuant to this subsection shall be properly noticed and shall comply with the Alabama Open Meetings Act.

(Acts 1967, No. 420, p. 1084, §7; Acts 1997, No. 97-586, p. 1035, §5; Act 2012-404, p. 1107, §1.)

§ 16-56-6 Board of Trustees - Chancellor; Powers as to Organization and Administration

(a) The board of trustees shall appoint a chancellor who shall serve as the chief executive officer of the university and as secretary to the board and shall perform all services as may be required by the board. The compensation of the chancellor, including the emoluments and prerequisites necessary to carry out the functions of the office, shall be fixed by the board.

(b) The board of trustees may act as a body, or may delegate by resolution or bylaw to a committee of the board or to the chancellor, the authority to do any of the following:

(1) Appoint the faculty of the university and other professional and operating personnel as the interest of the university may require.

(2) Remove any instructors or other personnel.

(3) Fix, increase, or decrease the salaries or compensation of individual instructors and other personnel.

(4) Hire personnel, establish and implement personnel rules, and establish policies and practices for hiring, promoting, demoting, and terminating instructors, other personnel, and employees, or for taking any other action consistent with this section.

(c) The board of trustees, as a body of the whole, may do any of the following:

(1) Institute, regulate, alter, or modify the governance of the university, as the board may deem advisable.

(2) Prescribe courses of instruction, rates of tuition, and fees.

(3) Confer academic and honorary degrees.

(4) Do whatever else the board may deem best for promoting the interest of the university.

(Acts 1967, No. 420, p. 1084, §4; Acts 1997, No. 97-586, p. 1035, §6; Act 2009-159, p. 315, §1.)

§ 16-56-7 Board of Trustees - Transfer of Jurisdiction, Etc., to Board of Trustees

The Board of Trustees of Troy University shall have the exclusive jurisdiction, supervision, and control of Troy University. The board may promulgate any rules of procedure as it deems necessary and appropriate. In addition to the powers, duties, and authority vested in the board of trustees, the board shall have and exercise all power, authority, and duties previously conferred on, vested in, or required of the Board of Trustees of Troy State University, as was transferred to the board from the State Board of Education on September 7, 1967.

(Acts 1967, No. 420, p. 1084, §12; Acts 1997, No. 97-586, p. 1035, §7; Act 2009-159, p. 315, §1.)

§ 16-56-8 Board of Trustees - Vacancy in Office

Any vacancy in the office of trustee occurring during the recess of the Legislature shall be filled by appointment of the Governor. The appointee shall hold office until the next session of the Legislature, when the vacancy shall be filled by the Governor by and with the advice and consent of the Senate. A trustee appointed to fill a vacancy by the Governor, by and with the advice and consent of the Senate, shall hold office for and during the unexpired term.

(Acts 1967, No. 420, p. 1084, §5; Acts 1997, No. 97-586, p. 1035, §8.)

§ 16-56-9 Board of Trustees - Payment of Expenses

The certificate of the chancellor as secretary of the board shall entitle the several trustees to the payment of their actual expenses incurred in the discharge of their duties as trustees. A trustee may not receive any pay or emoluments other than for actual expenses incurred in the discharge of duties of the board.

(Acts 1967, No. 420, p. 1084, §8; Acts 1997, No. 97-586, p. 1035, §9.)

§ 16-56-10 Board of Trustees - Reports to Legislature

The board of trustees shall make or cause to be made to the Legislature, at each session thereof, a full report of its transactions and of the condition of the university, embracing an itemized account of all receipts and disbursements on account of the university by those charged with the administration of its finances.

(Acts 1967, No. 420, p. 1084, §10; Acts 1997, No. 97-586, p. 1035, §10; Act 2009-159, p. 315, §1.)

§ 16-56-11 Grant or Gift Not to Fail for Informality; Default, Etc., of Trustees Not to Work Forfeiture

No grant or gift of any property, real or personal, by will or otherwise, shall fail by reason of any misnomer or informality, when the intent of the grantor or donor can be determined; nor shall any default, malfeasance, or non-use on the part of the trustees or other officers or agents of the corporation work a forfeiture of any of its rights, privileges, powers, or franchises.

(Acts 1967, No. 420, p. 1084, §9; Acts 1997, No. 97-586, p. 1035, §11.)

§ 16-56-12 Police Officers

(a) The Chancellor of Troy University may appoint and employ persons as he or she may deem proper to serve as police officers pursuant to Sections 16-22-1 and 16-22-2. These police officers may do any of the following:

(1) Eject trespassers from university buildings and grounds.

(2) Arrest without a warrant any person believed guilty of disorderly conduct or of trespass upon the property under the control of the university, or for any public offense committed in their presence, and carry them before the nearest district court or municipal court. Upon proper affidavit charging the offense, the person arrested may be tried by the court and convicted as in cases of persons brought before the court on a warrant.

(3) Summon a posse comitatus.

(4) Arrest with a warrant any person found upon or near the premises of the university charged with any public offense and take that person before the proper officer.

(b) The police officers provided for in this section shall cooperate with and, when requested, furnish assistance to the regularly constituted authorities of the city and county in which the employing campus of Troy University is located.

(Acts 1967, No. 420, p. 1084, §11; Acts 1997, No. 97-586, p. 1035, §12; Act 2009-159, p. 315, §1.)

Chapter 57 Tuskegee Institute

§ 16-57-1 Board of Commissioners; Appropriations; Bond of Treasurer

Appropriations made to Tuskegee Institute by the Alabama Legislature to be used for the purpose of maintaining a graduate school in agriculture, a graduate school in home economics and a graduate school in veterinary medicine, or such other areas as are deemed feasible and wise in accordance with felt need, shall be paid to the Treasurer of Tuskegee Institute, on warrant of the State Treasurer, and said Treasurer of Tuskegee Institute shall make a surety bond in the sum of $25,000.00, payable to the State of Alabama, to insure the safekeeping of such appropriations. The said bond shall be approved by the Secretary of State and the same shall be filed in his office. The premium on said bond shall be paid by warrant of the State Treasurer out of the General Fund. The said appropriation shall be under the control of the Board of Trustees of Tuskegee Institute, and the same shall be applied in such manner as it deems best to carry out the purpose of the appropriation. The commissioners hereinafter provided for shall be residents of the State of Alabama and shall be members of the board of trustees with the same rights and powers as the other trustees, except as to filling vacancies on the Board of Trustees of Tuskegee Institute, in which they shall have no voice.

There shall be appointed by the Governor five commissioners who shall hold office for a term of four years and until their successors are appointed and qualified; should a vacancy occur on the board of commissioners appointed by the Governor by death, resignation, refusal to serve or by becoming otherwise disqualified, then such vacancy shall be filled for the unexpired term by the Governor. The Superintendent of Education of the State of Alabama shall be an ex officio member of said board of commissioners. The commissioners appointed by the Governor, as herein provided, shall make an annual written report to the Superintendent of Education of the State of Alabama of the conditions and progress of graduate instruction hereinabove referred to.

(Acts 1943, No. 245, p. 202, § 1; Acts 1945, No. 87, p. 85, § 1.)

§ 16-57-2 Scholarships to School of Nursing - Established; How Distributed

There shall be awarded each year 30 scholarships to Tuskegee Institute School of Nursing for nursing education. These scholarships shall be awarded to applicants from the state-at-large. They shall be distributed, insofar as practicable, throughout the state and may be distributed to students in any year of study in said school of nursing.

(Acts 1957, No. 590, p. 827, §1; Acts 1971, No. 2301, p. 3713, §1.)

§ 16-57-3 Scholarships to School of Nursing - Who Eligible

To be eligible to receive a scholarship provided by this chapter, a person must have been a resident of the State of Alabama for a period of at least one year immediately preceding the time of making application and must be a person of good character, and shall have been accepted for matriculation by the authorities of Tuskegee Institute and shall have met the requirements for professional nursing education as determined by the Tuskegee Institute School of Nursing. Applications for scholarships shall be made to Tuskegee Institute School of Nursing.

(Acts 1957, No. 590, p. 827, §2; Acts 1971, No. 2301, p. 3713, §2.)

§ 16-57-4 Scholarships to School of Nursing - Amount and Conditions; Selection of Recipients

Each scholarship provided for by this chapter shall be in the amount of $600.00 per year, payable from funds appropriated to Tuskegee Institute for this purpose. A scholarship may either be renewed by the School of Nursing of Tuskegee Institute for the same student or awarded to another applicant for the scholarship. Appropriate competitive examinations of aptitude and ability shall be administered to the applicants by the School of Nursing of Tuskegee Institute. The results of the examination shall be used as guides in the selection of the recipients of the scholarships from the various geographical areas of the state. In case a scholarship student fails to complete the course prescribed for the baccalaureate degree in nursing, that student must repay the amount of the scholarship funds used. Any funds thus collected may be used as scholarship assistance for other nursing students. A scholarship student must agree to practice professional nursing in the State of Alabama for at least one year after completing the course at Tuskegee Institute.

(Acts 1957, No. 590, p. 827, §3; Acts 1971, No. 2301, p. 3713, §3.)

§ 16-57-5 Funding from Education Trust Fund

The Legislature finds that Tuskegee University has a unique relationship to the State of Alabama. The Legislature further finds that due to the unique nature of the circumstances related to the establishment and development of Tuskegee Institute which differs from that of private schools and colleges receiving funds from the state and from the state’s public colleges and universities, the institution should be afforded a unique treatment relative to funding from the Education Trust Fund. Tuskegee Institute was established by an act of the Legislature in 1881 and separately incorporated by an act of the Legislature in 1892; the Governor appoints five commissioners who serve as voting members on the Tuskegee Board; and the State Superintendent of Education serves as an ex officio voting commissioner on the Tuskegee Board. Tuskegee has received appropriations from the Legislature since 1881. Being a private institution as well as a state related and supported institution, the Legislature deems that Tuskegee University should be funded accordingly and not as the private schools and colleges nor as the state public colleges and universities are funded.

(Act 2002-506, p. 1310, §1; Act 2003-484, p. 1496, §1.)

Chapter 58 Sylacauga Nurses Training School

§ 16-58-1 Scholarships - Established; Distribution

There shall be awarded each year 30 scholarships to the Sylacauga Nurses Training School at Sylacauga, Alabama for nursing education. These scholarships shall be awarded to applicants, as practicable, throughout the state.

(Acts 1971, No. 2393, p. 3817, §1.)

§ 16-58-2 Scholarships - Who Eligible

To be eligible to receive a scholarship provided by this chapter, a person must have been a resident of the State of Alabama for a period of at least one year immediately preceding the time of making application and must be a person of good character, and shall have been accepted for matriculation by the authorities of the Sylacauga Nurses Training School and shall have met the requirements for professional nursing education as determined by said school. Applications for scholarships shall be made to the Sylacauga Nurses Training School of Nursing of Sylacauga, Alabama.

(Acts 1971, No. 2393, p. 3817, §2.)

§ 16-58-3 Scholarships - Amount and Conditions; Selection of Recipients

Each scholarship provided for by this chapter shall be in the amount of $600.00 per year, payable from funds appropriated to the Sylacauga Nurses Training School for this purpose. A scholarship may either be renewed by the said school of nursing for the same student or awarded to another applicant for the scholarship. Appropriate competitive examinations of aptitude and ability shall be administered to the applicants by the Sylacauga Nurses Training School. The results of the examinations shall be used as guides in the selection of the recipients of the scholarships from the various geographical areas of the state. A scholarship student must agree to practice professional nursing in the State of Alabama for at least one year after completing the course at the Sylacauga Nurses Training School. In case a scholarship student fails to complete the prescribed course or fails to practice professional nursing in Alabama for at least one year next succeeding the completion of the course of study, such student must repay all scholarship funds awarded to such student, except in cases of extreme hardship. Any funds thus repaid shall be used for scholarship assistance for other nursing students.

(Acts 1971, No. 2393, p. 3817, §3.)

Chapter 59A Oakwood University

§ 16-59A-1 Police Officers

The President of Oakwood University, with the approval of the board of trustees, is hereby authorized to appoint and employ suitable persons to act as police officers to keep off intruders and prevent trespass upon and damage to the property and grounds of the university. Such persons shall be charged with all the duties and invested with all the powers of police officers and may eject trespassers from the university buildings and grounds and, without a warrant, may arrest any person guilty of disorderly conduct or of trespass upon the property of the university, or for any public offense committed in their presence, and carry them before the nearest municipal or district court, before which, upon proper affidavit charging the offense, any person so arrested may be tried and convicted as in cases of persons brought before him or her on his or her warrant. Such officers shall have authority to summon a posse comitatus and, with a warrant, may arrest any person found upon or near the premises of the university who is charged with any public offense and take him or her before the proper officer.

(b) The police officers provided for in this section shall cooperate with and, when requested, may furnish assistance to the regularly constituted authorities of the City of Huntsville, and their jurisdiction and authority shall be coextensive with the corporate limits of the city.

(Act 2009-739, p. 2207, §1.)

Chapter 60 Trade Schools and Junior Colleges

Article 1 General Provisions

§ 16-60-1 State Vocational Technical School at Mobile Designated Southwest State Technical Institute

The school located at Mobile in Mobile County, Alabama and presently known as State Vocational Technical School shall hereafter be designated and known as Southwest State Technical Institute.

The State Board of Education is hereby authorized and directed to change the name of such school as herein prescribed and to cause appropriate markers to be placed so designating it.

(Acts 1966, Ex. Sess., No. 245, p. 367, §§ 1, 2.)

§ 16-60-2 Shelton State Technical Trade School Designated Shelton State Technical Institute

The school located in Tuscaloosa, Tuscaloosa County, Alabama and previously known as the Shelton State Technical Trade School shall hereafter be designated and known as Shelton State Technical Institute.

The State Board of Education is hereby authorized and directed to change such name of the school as herein prescribed and to see that appropriate markers be displayed and designated as such.

(Acts 1966, Ex. Sess., No. 247, p. 369, §§ 1, 2.)

§ 16-60-3 Wenonah State Technical Trade School Designated Wenonah State Technical School; Wenonah State Technical Junior College Designated Wenonah State Junior College

The school located in Jefferson County, Alabama and presently known as Wenonah State Technical Trade School shall hereafter be designated and known as Wenonah State Technical School, and the school located in Jefferson County, Alabama and presently known as Wenonah State Technical Junior College shall hereafter be designated and known as Wenonah State Junior College.

The State Board of Education is hereby authorized and directed to change the names of such schools as herein prescribed and to cause appropriate markers to be placed so designating them.

(Acts 1966, Ex. Sess., No. 271, p. 411, §§ 1, 2.)

§ 16-60-4 Athens State University; Powers Generally

The school established at Athens, Alabama, known as and called Athens State College, is and shall remain a body corporate under the corporate name of Athens State University, and by that name may have and exercise all powers previously enjoyed by Athens State College and shall succeed to all the rights, privileges, obligations, liabilities, emoluments, benefits, interests, and titles at any time vested in the institution in its respective names. None of the powers, authority, obligations, liabilities, or functions of the institution shall be abated or impaired by this section. Only the name of the institution shall be changed by this section. Whenever the institution is referred to in the constitution, laws, rules, or regulations of this state, or any instrumentality of this state, by any one of the respective names by which it has been known, the same shall be considered to refer to Athens State University.

(Act 98-640, p. 1412, §1.)

§ 16-60-5 J. F. Drake State Community and Technical College

The school established at Huntsville, Alabama, known as and called J. F. Drake State Technical College is and shall remain a body corporate under the corporate name of J. F. Drake State Community and Technical College, and by that name may have and exercise all powers previously enjoyed by J. F. Drake State Technical College and shall succeed to all the rights, privileges, obligations, liabilities, emoluments, benefits, interests, and titles at any time vested in the institution in its respective names. None of the powers, authority, obligations, liabilities, or functions of the institution shall be abated or impaired by this section. Only the name of the institution shall be changed by this section. Whenever the institution is referred to in the constitution, laws, rules, or regulations of this state, or any instrumentality of this state, by any one of the respective names by which it has been known, the same shall be considered to refer to J. F. Drake State Community and Technical College.

(Act 2013-93, p. 205, §1.)

§ 16-60-6 H. Councill Trenholm State Community College

(a) The school heretofore established within the postsecondary system as the H. Councill Trenholm State Technical College is hereby named and shall be known as the H. Councill Trenholm State Community College and shall succeed to all the rights, privileges, emoluments, benefits, interests, and titles heretofore at any time vested in the institution in its respective names. None of the powers, authority, or functions of H. Councill Trenholm State Technical College by law shall be abated or impaired by this section. Only the name of the institution shall be changed by this section. Whenever the institution is referred to in the constitution and in the laws of Alabama by any one of the respective names by which it has been known, the same shall be considered to refer to H. Councill Trenholm State Community College.

(b) It is the intent of the Legislature that the Board of Trustees of the Alabama Community College System comply with this section.

(Act 2015-236, §1.)

Article 2 Junior College for Franklin, Marion and Winston Counties

§ 16-60-20 Board of Trustees - Establishment; Composition; Appointment

The Governor, the State Superintendent of Education, the member of the State Senate representing the senatorial district composed of Franklin and Marion Counties, the member of the State Senate representing the senatorial district of which Winston County is a part, the members of the House of Representatives of the Alabama Legislature from Franklin, Marion and Winston Counties, the chairmen of the county commissions of each of these counties, the county superintendent of education of each of these counties, the representative in the House of Representatives of the United States Congress from the congressional district containing these counties and 10 members appointed by the Governor from among the mayors and other officers of the incorporated municipalities within these three counties are hereby constituted a board of trustees for a junior college to be established, maintained and operated in one of the above named counties.

(Acts 1961, No. 888, p. 1397, §1.)

§ 16-60-21 Board of Trustees - Organization; Initial Officers; Vice-President; Meetings; Terms of Members; Compensation and Expenses

The Governor shall be ex officio chairman of the board; and he shall call a meeting of such board within 60 days after September 8, 1961. At this meeting the board shall organize itself, make provision for the preparation and adoption of bylaws and rules and regulations to govern it and elect a vice-president and a secretary-treasurer. The vice-president elected at the organizational meeting of the board shall hold office for a term of two years and until his successor has been elected. Successors to the vice-president elected at the organizational meeting of the board shall hold office for such time as is prescribed in the bylaws and rules adopted by the board. The secretary-treasurer elected at the organizational meeting of the board shall serve until a president and a treasurer for the college have been elected and employed. Thereafter the president of the college and the treasurer of the college shall be ex officio the secretary and the treasurer, respectively, of the board of trustees.

The board may prescribe the number of regular meetings to be held each year and may provide that during the biennium immediately following September 8, 1961, the board shall meet more frequently than thereafter; however, the board shall meet at least once each quarter in every year. Special meetings may be called at any time by the chairman or by any six members thereof.

All ex officio members of the board of trustees shall serve as such members so long as they hold the office of which membership on this board of trustees is an ex officio duty; and the members appointed by the Governor shall serve for a term concurrent with the term of the Governor appointing them or until the expiration of the term of the municipal office which they held when appointed, whichever occurs last. Successors to the appointed members of the board of trustees shall be appointed by the Governor in like manner and for like terms as the first members appointed to the board.

Board members shall receive no compensation for serving on such board of trustees; however, they may be reimbursed for reasonable expenses actually incurred in attending meetings of the board and performing the duties hereby imposed upon them relative to the establishment, maintenance and operation of the proposed junior college.

(Acts 1961, No. 888, p. 1397, §2.)

§ 16-60-22 Date of Commencement of Operations of College; Selecting Location

The junior college hereby authorized shall be established and ready for operation not later than September 1, 1963. The board of trustees, with the advice and consent of the State Superintendent of Education, shall decide exactly where in the above named counties the college shall be located. The board of trustees, for the purpose of ascertaining the most advantageous location for the college, may make such surveys as in its opinion are needed.

(Acts 1961, No. 888, p. 1397, §3.)

§ 16-60-23 Incorporation of College

When a location for the college has been determined and the board has chosen a name for the college, the board of trustees shall file in the office of the Secretary of State a certificate stating the name and location of the college and the names of persons currently serving as members of the board of trustees. Thereafter, the college shall be a body corporate under the name so filed, with the right to have and use a corporate seal, to sue and be sued in such corporate name in any of the courts of this state of competent jurisdiction as in the case of natural persons.

(Acts 1961, No. 888, p. 1397, §4.)

§ 16-60-24 Donations; Sale of Property of College

The board of trustees is hereby invested with full and ample authority to receive and accept for the use and benefit of the college all gifts, donations, devises and bequests of any and all money and real and personal property necessary and useful in carrying into effect the objectives and purposes of this article. The board of trustees, in the name of such corporation, may sell and dispose of any such property when, in the judgment of such board, such sale or other disposition thereof may aid in carrying into effect the objectives of this article and the building up and sustaining of the college.

(Acts 1961, No. 888, p. 1397, §5.)

§ 16-60-25 Rules and Regulations

The board of trustees shall have full, ample and sufficient power and authority to make, adopt and enforce all rules and regulations, not inconsistent with the laws of this state, which may be necessary for the management, control and conduct of the college and the business connected therewith.

(Acts 1961, No. 888, p. 1397, §6.)

§ 16-60-26 Appropriations by Counties and Municipalities Therein for College; Use of Public School Funds

The governing bodies of the Counties of Franklin, Marion and Winston and of each municipality in such counties are hereby authorized to appropriate funds in their respective treasuries, not otherwise appropriated, to be used for the acquisition of land and the construction thereon of buildings suitable for the college, or for the purchase of existing buildings adaptable to use for the college and the lands on which they are located. After the establishment of the college, such counties and the municipalities therein may make annual appropriations for the maintenance, support and operation of the college. The board of education of each of these counties and the board of education of every incorporated municipality having such a board within these counties may allocate, use and expend public school funds under their jurisdiction in aid of the establishment, maintenance and operation of the college and provide transportation facilities to students attending the college, or such other facilities for students as the board of trustees approves.

(Acts 1961, No. 888, p. 1397, §7.)

§ 16-60-27 Programs to Be Offered

The college shall offer to all eligible students in attendance a program of general education consisting of courses parallel to those of the first and second years of work at a state institution of higher learning offering a four-year course. The State Board of Education shall prescribe minimum standards which must be met and which will assure that the purposes of the junior college are attained.

(Acts 1961, No. 888, p. 1397, §8.)

§ 16-60-28 Control of College; President

The junior college established pursuant to this article shall be under the direct control of the board of trustees hereby established and shall be under the immediate supervision and direction of a president, appointed by the board of trustees for a term to be fixed by the board. The president shall not be removed during the term for which he was appointed except for just cause, which shall be explicitly set forth in writing in the minutes of the board. The president shall possess such qualifications as are prescribed by the board of trustees and approved by the State Board of Education.

(Acts 1961, No. 888, p. 1397, §9.)

§ 16-60-29 Compensation of Teachers and Officers; Faculty

The president, with the advice and consent of the board of trustees, shall appoint and fix the compensation for all professors, instructors and other necessary teachers and officers. The president, professors and instructors shall compose the faculty of the college.

(Acts 1961, No. 888, p. 1397, §10.)

§ 16-60-30 Secretary

The board of trustees of the college shall elect a secretary for the school who shall hold office for the term prescribed by the board and shall receive such compensation as may be fixed by the trustees and shall perform such services as may be required of him.

(Acts 1961, No. 888, p. 1397, §11.)

§ 16-60-31 Treasurer - Election; Duties; Term of Office; Compensation; Bond

The board of trustees shall also elect a treasurer for the college who shall not be a trustee. The treasurer shall receive, hold and pay out all moneys belonging to the college, or that may be paid in for the necessary expenses of any student in the college or for the use and benefit of any such student. The treasurer shall hold office for the term and receive the compensation fixed for such office by the board of trustees. Before entering upon his duties, the treasurer must give bond in such penalty as the trustees prescribe, payable to the college, conditioned that he will faithfully receive, safely keep and lawfully pay out, and promptly, fully and fairly account for all money or choses in action which may come to him by virtue of his office, and the trustees may require a new bond or an additional bond whenever, in their opinion, the interests of the college require it.

(Acts 1961, No. 888, p. 1397, §12.)

§ 16-60-32 Treasurer - Removal; Temporary Custodian for Funds

Whenever the funds in the hands of the treasurer or funds about to be received by him are in danger of being lost, the board of trustees or the president may remove the treasurer from office and take from him all funds and choses in action belonging to the college or any student therein, and may, in that event, appoint a temporary custodian with bond or security to hold such funds.

(Acts 1961, No. 888, p. 1397, §13.)

§ 16-60-33 Accounts of Officers

The secretary, the treasurer and all other officers, agents or servants of the college who are required to keep, use or dispose of any property of the college shall keep accounts of transactions relative thereto in books to be furnished them by the board of trustees, which shall at all reasonable times be open to the inspection and examination of the president, the board of trustees or anyone appointed by the board of trustees to inspect such books. Any person withholding such book or books belonging to the college from the inspection of any officer entitled to examine the same shall be immediately removed from his office or employment by the president or the board of trustees.

(Acts 1961, No. 888, p. 1397, §14.)

§ 16-60-34 Matriculation, Library and Laboratory Fees

A matriculation fee may be collected from all students enrolled in the college, and the amount of such fee shall be determined by the board of trustees. The proceeds of the fee shall be expended under the direction of such board. A reasonable fee for the use of the library and laboratory facilities may be required; the amount of such fee shall be determined by the board of trustees.

(Acts 1961, No. 888, p. 1397, §15.)

§ 16-60-35 Exemption of College Property from Taxation; Exemption of Officers, Teachers and Employees from Jury Duty and Town Licenses

The property of the college, of every kind and description, shall forever be exempt from all taxes, municipal, county or state, and from all local assessments. The president, other officers, professors, teachers and employees of the college are exempted from jury duty, and all employees are further exempted from payment of town licenses for their labor while working for the college.

(Acts 1961, No. 888, p. 1397, §16.)

§ 16-60-36 Diplomas and Certificates

The faculty, with the approval of the board of trustees, may grant and confer diplomas or certificates upon such students as may be entitled thereto under the rules adopted by the board of trustees governing the subject.

(Acts 1961, No. 888, p. 1397, §17.)

§ 16-60-37 Reports

It shall be the duty of the board of trustees to make or cause to be made to the Legislature at each session thereof a full report of its transactions and of the condition of the college, embracing an itemized account of all receipts and disbursements on account of the college by those charged with the administration of its finances. A copy of this report shall be submitted to the boards of education and to the county commissions of Franklin, Marion and Winston Counties, to the governing bodies of each municipality and to the city board of education of any municipality having such a board of education within such counties.

(Acts 1961, No. 888, p. 1397, §18.)

§ 16-60-38 Petition for Conversion to Trade School and Junior College; Authority of Board of Trustees If Petition Granted

If the Board of Trustees of the Northwest Alabama Junior College, established pursuant to this article, determines that it is to the advantage of the college to convert it to a trade school and junior college which may be constructed, enlarged and equipped under Sections 16-60-80 through 16-60-96, it may petition the State Board of Education to consider designating such college as the location at which one of the trade schools and junior colleges authorized by such sections may be constructed and equipped. If the State Board of Education acts favorably on the petition and designates the Northwest Alabama Junior College as one of the institutions to be constructed and equipped under such sections, then the Board of Trustees of the Northwest Alabama Junior College is hereby authorized to execute such deeds and other contracts and conveyances to the Alabama Trade School and Junior College Authority as will enable such authority to proceed with construction and equipment of needed buildings to enable Northwest Alabama Junior College to operate efficiently to fill the needs of the area for which it is designated as a trade school and junior college. The board of trustees is also authorized to relinquish such authority and responsibility for the operation, management, control, supervision, maintenance, regulation, upkeep, improvement, equipment and enlargement of the Northwest Alabama Junior College to the State Board of Education as to give it the same authority and responsibility relative to Northwest Alabama Junior College that is vested by Sections 16-60-110 through 16-60-112, in said board of education relative to other educational institutions in the state of the types known as trade schools and junior colleges authorized by the Alabama Trade School and Junior College Authority Act. However, the Board of Trustees of said Northwest Alabama Junior College shall continue to exist and shall serve as an advisory committee to advise and assist the State Board of Education in matters relative to the operation, supervision and control of Northwest Alabama Junior College.

(Acts 1963, No. 590, p. 1288, §1.)

§ 16-60-39 Action of State Board of Education Upon Petition; Management and Control of Trade School and Junior College

Upon receipt of a petition from the Board of Trustees of Northwest Alabama Junior College to become an institution authorized under the Alabama Trade School and Junior College Authority Act, Sections 16-60-80 through 16-60-96, the State Board of Education shall consider the need for a trade school and junior college in northwest Alabama. If in its opinion this need can be filled by designating the said Northwest Alabama Junior College as one of the institutions authorized under the Alabama Trade School and Junior College Authority Act, the State Board of Education may agree to designate Northwest Alabama Junior College as a location where funds may be expended for buildings and equipment under said act; and such board of education shall thereupon assume the same authority and responsibility relative to Northwest Alabama Junior College as is vested in it by Sections 16-60-110 through 16-60-112 relative to other educational institutions authorized by the provisions of the Alabama Trade School and Junior College Authority Act except as hereinafter provided. After the management and control of Northwest Alabama Junior College is assumed by the State Board of Education, whenever practicable such board shall consult and advise with the Board of Trustees of Northwest Alabama Junior College relative to the management, control, operation and supervision of Northwest Alabama Junior College; and the State Board of Education may delegate such duties and responsibilities relative to the college to such board of trustees as, in its opinion, will serve the best interest of the college and as are not inconsistent with the Alabama Trade School and Junior College Authority Act and will not adversely affect bonds issued under such act.

(Acts 1963, No. 590, p. 1288, §2.)

§ 16-60-40 Sections 16-60-38 and 16-60-39 Supplemental; Liberal Construction; Conflicting Laws

The provisions of Sections 16-60-38 and 16-60-39 are supplemental, and this chapter shall be liberally construed to the end that Sections 16-60-20 through 16-60-37, 16-60-80 through 16-60-96 and 16-60-110 through 16-60-112 shall each have a field of operation and be construed in pari materia. However, such parts of Sections 16-60-20 through 16-60-37 as are in conflict herewith shall be superseded by Sections 16-60-38 and 16-60-39 when control of Northwest Alabama Junior College is transferred pursuant hereto to the State Board of Education.

(Acts 1963, No. 590, p. 1288, §3.)

Article 3 Junior College for Jackson and Dekalb Counties

§ 16-60-50 Board of Trustees - Establishment; Composition; Appointment

The Governor, the State Superintendent of Education, the member of the State Senate representing the senatorial district of which Jackson County is a part and the member of the State Senate representing the senatorial district of which DeKalb County is a part, the members of the House of Representatives of the Alabama Legislature from Jackson and DeKalb Counties, the chairman of the county commission of each of these counties, the county superintendent of education of each of these counties, the representative in the House of Representatives of the United States Congress from the congressional districts containing these counties and nine members appointed by the Governor from the two counties at large, making the overall representation of the two counties equal on the board, are hereby constituted a board of trustees for a junior college to be established, maintained and operated in one of the above named counties.

(Acts 1961, Ex. Sess., No. 151, p. 2095, §1.)

§ 16-60-51 Board of Trustees - Organization; Initial Officers; Vice-President; Meetings; Terms of Members; Compensation and Expenses

The Governor shall be ex officio chairman of the board, and he shall call a meeting of such board within 60 days after September 15, 1961. At this meeting the board shall organize itself, make provisions for the preparation and adoption of bylaws and rules and regulations to govern it and elect a vice-president and a secretary-treasurer. The vice-president elected at the organizational meeting of the board shall hold office for a term of two years and until his successor has been elected. Successors to the vice-president elected at the organizational meeting of the board shall hold office for such time as is prescribed in the bylaws and rules adopted by the board. The secretary-treasurer elected at the organizational meeting of the board shall serve until a president and a treasurer for the college have been elected and employed. Thereafter the president of the college and the treasurer of the college shall be ex officio the secretary and the treasurer, respectively, of the board of trustees.

The board may prescribe the number of regular meetings to be held each year and may provide that during the biennium immediately following September 15, 1961, the board shall meet more frequently than thereafter, however, the board shall meet at least once each quarter in every year. Special meetings may be called at any time by the chairman or by any six members thereof.

All ex officio members of the board of trustees shall serve as such members so long as they hold the office of which membership on this board of trustees is an ex officio duty; and the members appointed by the Governor shall serve for a term concurrent with the term of the Governor appointing them or until the expiration of the term of the municipal office which they held when appointed, whichever occurs last. Successors to the appointed members of the board of trustees shall be appointed by the Governor in like manner and for like terms as the first members appointed to the board.

Board members shall receive no compensation for serving on such board of trustees; however, they may be reimbursed for reasonable expenses actually incurred in attending meetings of the board and performing the duties hereby imposed upon them relative to the establishment, maintenance and operation of the proposed junior college.

(Acts 1961, Ex. Sess., No. 151, p. 2095, §2.)

§ 16-60-52 Date of Commencement of Operations of College; Selecting Location

The junior college hereby authorized shall be established and ready for operation not later than September 1, 1963. The board of trustees, with the advice and consent of the State Superintendent of Education, shall decide exactly where in the above named counties the college shall be located. The board of trustees, for the purpose of ascertaining the most advantageous location for the college, may make such surveys as in its opinion are needed.

(Acts 1961, Ex. Sess., No. 151, p. 2095, §3.)

§ 16-60-53 Incorporation of College

When a location for the college has been determined and the board has chosen a name for the college, the board of trustees shall file in the office of the Secretary of State a certificate stating the name and location of the college and the names of persons currently serving as members of the board of trustees. Thereafter, the college shall be a body corporate under the name so filed, with the right to have and use a corporate seal, to sue and be sued in such corporate name in any of the courts of this state of competent jurisdiction as in the case of natural persons.

(Acts 1961, Ex. Sess., No. 151, p. 2095, §4.)

§ 16-60-54 Donations; Sale of Property of College

The board of trustees is hereby invested with full and ample authority to receive and accept for the use and benefit of the college all gifts, donations, devises and bequests of any and all money and real and personal property necessary and useful in carrying into effect the objectives and purposes of this article. The board of trustees, in the name of such corporation, may sell and dispose of any such property when, in the judgment of such board, such sale or other disposition thereof may aid in carrying into effect the objectives of this article and the building up and sustaining of the college.

(Acts 1961, Ex. Sess., No. 151, p. 2095, §5.)

§ 16-60-55 Rules and Regulations

The board of trustees shall have full, ample and sufficient power and authority to make, adopt and enforce all rules and regulations, not inconsistent with the laws of this state, which may be necessary for the management, control and conduct of the college and the business connected therewith.

(Acts 1961, Ex. Sess., No. 151, p. 2095, §6.)

§ 16-60-56 Appropriations by Counties and Municipalities Therein for College; Use of Public School Funds

The governing bodies of the Counties of Jackson and DeKalb, and of each municipality in such counties, are hereby authorized to appropriate funds in their respective treasuries, not otherwise appropriated, to be used for the acquisition of land and the construction thereon of buildings suitable for the college, or for the purchase of existing buildings adaptable to use for the college and the lands on which they are located. After the establishment of the college, such counties and the municipalities therein may make annual appropriations for the maintenance, support and operation of the college. The board of education of each of these counties and the board of education of every incorporated municipality, having such a board, within these counties may allocate, use and expend public school funds under their jurisdiction in aid of the establishment, maintenance and operation of the college and provide transportation facilities to students attending the college or such other facilities for students as the board of trustees approves.

(Acts 1961, Ex. Sess., No. 151, p. 2095, §7.)

§ 16-60-57 Programs to Be Offered

The college shall offer to all eligible students in attendance a program of general education consisting of courses parallel to those of the first and second years of work at a state institution of higher learning offering a four-year course. The college shall also offer and administer a program for vocational education. The State Board of Education shall prescribe minimum standards which must be met and which will assure that the purposes of the junior college are attained.

(Acts 1961, Ex. Sess., No. 151, p. 2095, §8.)

§ 16-60-58 Control of College; President

The junior college established pursuant to this article shall be under the direct control of the board of trustees hereby established and shall be under the immediate supervision and direction of a president, appointed by the board of trustees for a term to be fixed by the board. The president shall not be removed during the term for which he was appointed except for just cause, which shall be explicitly set forth in writing in the minutes of the board. The president shall possess such qualifications as are prescribed by the board of trustees and approved by the State Board of Education.

(Acts 1961, Ex. Sess., No. 151, p. 2095, §9.)

§ 16-60-59 Compensation of Teachers and Officers; Faculty

The president, with the advice and consent of the board of trustees, shall appoint and fix the compensation for all professors, instructors and other necessary teachers and officers. The president, professors and instructors shall compose the faculty of the college.

(Acts 1961, Ex. Sess., No. 151, p. 2095, §10.)

§ 16-60-60 Secretary

The board of trustees of the college shall elect a secretary for the school who shall hold office for the term prescribed by the board and shall receive such compensation as may be fixed by the trustees and shall perform such services as may be required of him.

(Acts 1961, Ex. Sess., No. 151, p. 2095, §11.)

§ 16-60-61 Treasurer - Generally

The board of trustees shall also elect a treasurer for the college who shall not be a trustee. The treasurer shall receive, hold and pay out all moneys belonging to the college, or that may be paid in for the necessary expenses of any student in the college, or for the use and benefit of any such student. The treasurer shall hold office for the term and receive the compensation fixed for such office by the board of trustees. Before entering upon his duties, the treasurer must give bond in such penalty as the trustees prescribe, payable to the college, conditioned that he will faithfully receive, safely keep and lawfully pay out, and promptly, fully and fairly account for all money or choses in action which may come to him by virtue of his office, and the trustees may require a new bond, or an additional bond, whenever, in their opinion, the interests of the college require it.

(Acts 1961, Ex. Sess., No. 151, p. 2095, §12.)

§ 16-60-62 Treasurer - Removal; Temporary Custodian for Funds

Whenever the funds in the hands of the treasurer or funds about to be received by him are in danger of being lost, the board of trustees or the president may remove the treasurer from office and take from him all funds and choses in action belonging to the college or any student therein, and may, in the event, appoint a temporary custodian with bond or security to hold such funds.

(Acts 1961, Ex. Sess., No. 151, p. 2095, §13.)

§ 16-60-63 Accounts of Officers

The secretary, the treasurer and all other officers, agents or servants of the college who are required to keep, use or dispose of any property of the college shall keep accounts of transactions relative thereto in books to be furnished them by the board of trustees, which shall at all reasonable times be open to the inspection and examination of the president, the board of trustees or anyone appointed by the board of trustees to inspect such books. Any person withholding such book or books belonging to the college from the inspection of any officer entitled to examine the same shall be immediately removed from his office or employment by the president or the board of trustees.

(Acts 1961, Ex. Sess., No. 151, p. 2095, §14.)

§ 16-60-64 Matriculation, Library and Laboratory Fees

A matriculation fee may be collected from all students enrolled in the college, and the amount of such fee shall be determined by the board of trustees. The proceeds of the fee shall be expended under the direction of such board. A reasonable fee for the use of the library and laboratory facilities may be required; the amount of such fee shall be determined by the board of trustees.

(Acts 1961, Ex. Sess., No. 151, p. 2095, §15.)

§ 16-60-65 Exemption of College Property from Taxation; Exemption of Officers, Teachers and Employees from Jury Duty and Town Licenses

The property of the college, of every kind and description, shall forever be exempt from all taxes, municipal, county or state and from all local assessments. The president, other officers, professors, teachers and employees of the college are exempted from jury duty, and all employees are further exempted from payment of town licenses for their labor while working for the college.

(Acts 1961, Ex. Sess., No. 151, p. 2095, §16.)

§ 16-60-66 Diplomas and Certificates

The faculty, with the approval of the board of trustees, may grant and confer diplomas or certificates upon such students as may be entitled thereto under the rules adopted by the board of trustees governing the subject.

(Acts 1961, Ex. Sess., No. 151, p. 2095, §17.)

§ 16-60-67 Annual Reports and Reports to Legislature

It shall be the duty of the board of trustees to make or cause to be made an annual report to the State Board of Education, to the boards of education and county commissions of Jackson and DeKalb Counties, to the governing bodies of each municipality within said counties and to the city board of education of any municipality having a board of education within said counties, such report to contain a full statement of the transactions of the board and of the condition of the college, embracing an itemized account of all receipts and disbursements on account of the college by those charged with the administration of its finances. It shall also be the duty of the board of trustees to make or cause to be made a full report to the Legislature at each session thereof containing the same information as hereinabove required.

(Acts 1961, Ex. Sess., No. 151, p. 2095, §18.)

Article 4 Alabama Trade School and Junior College Authority Act

§ 16-60-80 Short Title

This article may be cited as the Alabama Trade School and Junior College Authority Act.

(Acts 1963, 2nd Ex. Sess., No. 93, p. 259, §18.)

§ 16-60-81 Definitions

For the purpose of this article, the following words and phrases shall have the respective meanings ascribed to them by this section:

(1) AUTHORITY. The Alabama Trade School and Junior College Authority organized under the provisions of this article.

(2) BONDS. The bonds issued under the provisions of this article.

(3) BUILDING COMMISSION. The Alabama Building Commission.

(4) JUNIOR COLLEGE. An educational institution offering instruction in the arts and sciences on the level of difficulty of the first two years above high school level.

(5) ORIGINAL EQUIPMENT. The total original equipment, machinery and facilities acquired and installed or stored in a trade school or junior college for purposes of instruction, operation and maintenance.

(6) STATE. The State of Alabama.

(7) TRADE SCHOOL. An educational institution offering instruction primarily in useful trades, occupations or vocational skills.

Pronouns used in this article shall be deemed to include all appropriate genders.

(Acts 1963, 2nd Ex. Sess., No. 93, p. 259, §2.)

§ 16-60-82 Legislative Findings of Fact and Declaration of Intent

The Legislature hereby makes the following findings of fact and declares its intent to be as follows: The number of students enrolled in trade schools and colleges supported wholly or in part by the state has increased greatly during recent years. Further increases in enrollment are anticipated because of the increased rate of births, the increased need for skilled workers and other factors. In order to meet these needs and to provide residents of this state with the opportunity to receive adequate instruction in the arts and sciences and in useful skills and trades, it is imperative that junior colleges and additional trade schools be constructed, equipped and operated. The tax revenues and other funds currently available for trade schools and junior colleges are not sufficient to permit immediate outlays of the large amounts of capital necessary for such construction and equipment and at the same time to permit the State Board of Education to meet current expenses for operation and maintenance. The most feasible way in which the urgent need for the construction of buildings and the purchase of equipment can be met is by anticipating the receipt of a portion of the revenues devoted by law to educational institutions of the types known as trade schools and junior colleges by capitalizing such revenues, to the end that such revenues may be applied for retirement of the costs of such construction and equipment as such revenues are received during the useful life of said buildings and equipment. It is necessary and desirable that said revenues be anticipated in the manner hereinafter provided for the purpose of effecting the needed capital outlays. It is the intention of the Legislature by the passage of this article to authorize the formation of a public corporation for the purpose of providing for the construction and equipment of additional trade schools and junior colleges, and to make capital improvements at existing trade schools and at institutions of higher learning heretofore or hereafter established; and to authorize said corporation for that purpose to anticipate those portions of the privilege or excise tax hereinafter referred to that is required by law to be paid into the Education Trust Fund by issuing the bonds of said corporation payable out of and secured by a pledge of said portion of the said privilege or excise tax. This article shall be liberally construed in accordance with this intent.

(Act 1963, 2nd Ex. Sess., No. 93, p. 259, §1.)

§ 16-60-83 Authorization to Form Public Corporation

The Governor, the Director of Finance and the State Superintendent of Education may become a public corporation with the powers hereinafter provided by proceeding according to the provisions of Section 16-60-84.

(Acts 1963, 2nd Ex. Sess., No. 93, p. 259, §3.)

§ 16-60-84 Manner of Incorporation

To become a corporation, the Governor, the Director of Finance and the State Superintendent of Education shall present to the Secretary of State of Alabama an application signed by them which shall set forth:

(1) The name, official designation and official residence of each of the applicants, together with a certified copy of the commission evidencing each applicant’s right to office;

(2) The date on which each applicant was inducted into office and the term of office of each applicant;

(3) The name of the proposed corporation, which shall be the Alabama Trade School and Junior College Authority;

(4) The location of the principal office of the proposed corporation; and

(5) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this article or the laws of the State of Alabama.

The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of this state to take acknowledgments to deeds. The Secretary of State shall examine the application and, if he finds that it substantially complies with the requirements of this section, he shall receive and file it and record it in an appropriate book of records in his office.

(Acts 1963, 2nd Ex. Sess., No. 93, p. 259, §4.)

§ 16-60-85 Issuance of Certificate of Incorporation

When the application has been made, filed and recorded as provided in Section 16-60-84, the applicants shall constitute a corporation under the name proposed in the application, and the Secretary of State shall make and issue to the applicants a certificate of incorporation under the Great Seal of the State and shall record the certificate with the application. No fees or compensation shall be paid to the Secretary of State for any service rendered or work performed in connection with the authority, its incorporation, dissolution or records.

(Acts 1963, 2nd Ex. Sess., No. 93, p. 259, §5.)

§ 16-60-86 Members, Officers and Proceedings of Authority

The applicants named in the application and their respective successors in office shall constitute the members of the authority. The Governor shall be the president of the authority, the State Superintendent of Education shall be the vice-president thereof, and the Director of Finance shall be the secretary thereof. The State Treasurer shall be the treasurer of the authority, shall act as custodian of the funds of the authority and shall pay the principal of and interest on the bonds of the authority out of the funds hereinafter provided for. The members of the authority shall constitute all the members of the board of directors of the authority, and any two members of the board of directors shall constitute a quorum for the transaction of business. Should any person holding any state office named in this section cease to hold office by reason of death, resignation, expiration of his term of office or for any other reason, then his successor in office shall take his place as a member and officer of the authority. No member, officer or director of the authority shall draw any salary in addition to that now authorized by law for any service he may render or for any duty he may perform in connection with the authority. All proceedings had and done by the board of directors shall be reduced to writing by the secretary of the authority, shall be signed by the members of the authority and shall be recorded in a substantially bound book, which shall be kept in the office of the Secretary of State. Copies of such proceedings, when certified by the secretary of the authority, under the seal of the authority, shall be received in all courts as prima facie evidence of the matters and things therein certified.

(Acts 1963, 2nd Ex. Sess., No. 93, p. 259, §6.)

§ 16-60-87 Powers of Authority

The authority shall have the following powers:

(1) To have succession by its corporate name until dissolved as hereinafter provided;

(2) To sue and be sued and to prosecute and defend in any court having jurisdiction of the subject matter and of the parties thereto;

(3) To have and to use a corporate seal and to alter the seal at pleasure;

(4) To establish a fiscal year;

(5) To provide for acquiring and improving sites for additional trade schools and junior colleges, constructing, acquiring, reconstructing, improving and altering buildings therefor and purchasing, acquiring and installing the original equipment thereof, and to make capital improvements to existing trade schools and at institutions of higher learning heretofore or hereafter established;

(6) To anticipate by the issuance of its bonds the receipt of the revenues herein appropriated and pledged;

(7) As security for the payment of the principal of and interest on its bonds, to pledge the proceeds of the appropriations and pledges herein provided for; and

(8) To appoint and employ such attorneys and agents as the business of the authority may require.

(Acts 1963, 2nd Ex. Sess., No. 93, p. 259, §7.)

§ 16-60-88 Determining Location of Trade Schools and Junior Colleges; Site Must Be Donated

The location of each new trade school or junior college for which the authority provides funds shall be determined by the State Board of Education after consideration of the needs of industry for particular skills in the area under consideration, the convenience and accessibility of the location to labor markets and to potential students or applicants for training, an estimate of the number of potential students or applicants in the area and such other factors as might demonstrate the existence of a need for a trade school or junior college in such area. No funds of the authority shall be expended for the acquisition of sites or existing buildings, but nothing herein contained shall be construed to prohibit the use of funds of the authority for the purpose of improving sites or reconstructing, altering or improving buildings donated to the authority. No such trade school or junior college shall be built on a site other than one donated to the authority.

(Acts 1963, 2nd Ex. Sess., No. 93, p. 259, §8.)

§ 16-60-89 Expenditures for Building and Equipping Trade Schools and Junior Colleges; Competitive Bidding; Approval of Plans

All contracts entered into by the authority involving the expenditure of funds in the preparation of plans and specifications, and all work done with respect to the construction of buildings involving the expenditure of funds of the authority shall be let on competitive bids in the same manner and according to the same procedure as contracts for public works are awarded as prescribed in Sections 39-2-1 through 39-2-13.

The preparation of all plans and specifications for any building constructed wholly or in part with any of the money, and all work done hereunder in regard to the construction, reconstruction, alteration and improvement of buildings shall be supervised by the Alabama Building Commission, or any agency that may be designated by the Legislature as its successor. The authority and the Building Commission shall agree to a construction cost estimate for each building constructed wholly or in part with any of the funds provided for in this article, and the authority shall reimburse the Building Commission for its reasonable direct costs in having plans, specifications and contract documents prepared and in supervising and inspecting the work.

The authority shall purchase and install the original equipment necessary to place each such additional trade school and junior college in a condition of efficient operation. Such equipment shall be purchased on the basis of competitive bidding, to be conducted in the same manner and according to the same procedure as provided for state purchases in Sections 41-16-20 through 41-16-32; except, that the purchasing procedure shall be conducted by the authority instead of the state Purchasing Agent.

Not more than $1,500,000.00 shall be expended by the authority with respect to any one trade school or junior college.

(Acts 1963, 2nd Ex. Sess., No. 93, p. 259, §9.)

§ 16-60-90 Authorization to Issue Bonds

The authority may from time to time sell and issue its bonds, not exceeding $15,000,000.00 in aggregate principal amount, for the purpose of providing funds for the construction and equipment of trade schools and junior colleges, including the improvement of sites therefor, the construction of buildings and the reconstruction, improvement and alteration of existing buildings therefor and the acquisition, purchase and installation of original equipment therefor. No part of the proceeds from the sale of the bonds may be used to pay the cost of the acquisition, by purchase or otherwise, of real estate to be used as a site for any such school or college or any building connected therewith or the acquisition, by purchase or otherwise, of any existing building.

(Acts 1963, 2nd Ex. Sess., No. 93, p. 259, §10.)

§ 16-60-91 Execution, Form, Terms, Sale, Etc., of Bonds; Use of Proceeds; Security; Bonds Legal Investments

The bonds of the authority shall be signed by its president and attested by its secretary and the seal of the authority shall be affixed thereto, and any interest coupons applicable to such bonds shall be signed by the president; provided, that a facsimile of the signature of one, but not both, of said officers may be printed or otherwise reproduced on any such bonds in lieu of his signing the same, a facsimile of the seal of the authority may be printed or otherwise reproduced on any such bonds in lieu of being manually affixed thereto and a facsimile of the president’s signature may be printed or otherwise reproduced on any such interest coupons in lieu of his signing the same. Any bonds of the authority may be executed and delivered by it at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall bear such rate or rates of interest, shall be payable at such times and evidenced in such manner, may contain provisions for redemption prior to maturity and may contain other provisions not inconsistent herewith, all as may be provided by the resolution of the board of directors whereunder such bonds are authorized to be issued; provided, that no bond of the authority shall have a specified maturity date later than 30 years after its date. All bonds of the authority having specified maturity dates more than 10 years after their date shall be made subject to redemption at the option of the authority not later than the end of the tenth year after their date, and on any interest payment date thereafter, under such terms and conditions as may be provided in the resolution or resolutions under which such bonds are authorized to be issued. Bonds of the authority may be sold from time to time as the board of directors may consider advantageous, but bonds of the authority must be sold only at public sale, either on sealed bids or at public auction, to the bidder whose bid reflects the lowest net interest cost to the authority for the bonds being sold, computed from their date to their respective maturities; provided, that if no bid acceptable to the authority is received, it may reject all bids. Notice of each such sale shall be given by publication in either a financial journal or a financial newspaper published in the City of New York, New York, and also by publication in a newspaper customarily published in the State of Alabama not less than five days during each calendar week, each of which notices must be published one time not less than 10 days before the date fixed for the sale. The board of directors may fix the terms and conditions under which such sale may be held; provided, that none of the bonds may be sold for a price less than the face value thereof; and provided further, that such terms and conditions shall not conflict with any of the requirements of this article. Approval by the Governor of Alabama of the terms and conditions under which any bonds of the authority may be issued shall be requisite to their validity. Such approval shall be entered on the minutes of the meetings of the board of directors at which the bonds are authorized and shall be signed by the Governor. Such approval by the Governor may be shown on any such bond by a facsimile of his signature printed or otherwise reproduced thereon, when authorization of such facsimile is contained in the said approval signed by him. The authority may pay out of the proceeds of the sale of its bonds all expenses, including fees of agents and attorneys, which the said board of directors may deem necessary or advantageous in connection with the issuance of such bonds. Bonds issued by the authority shall not be general obligations of the authority but shall be payable solely out of the funds appropriated and pledged therefor in Section 16-60-94. As security for the payment of the principal of and interest on the bonds issued by it, the authority is hereby authorized and empowered to pledge for payment of such principal and interest the funds that are appropriated and pledged in Section 16-60-94 for payment of such principal and interest. All such pledges made by the authority shall take precedence in the order of the adoption of the resolutions containing such pledges; provided, that any pledge for the benefit of refunding bonds that may be issued in compliance with the provisions of the fourth sentence of Section 16-60-92 shall have the same priority as the pledge for the benefit of the bonds refunded thereby. Contracts made and bonds issued by the authority shall be solely and exclusively obligations of the authority and shall not constitute or create an obligation or debt of the State of Alabama. Bonds issued by the authority shall be deemed to be negotiable instruments although payable solely from a specified source, as provided herein. All bonds issued by the authority and the income therefrom shall be exempt from all taxation in the State of Alabama. Any bonds issued by the authority may be used by the holder thereof as security for any funds belonging to the state, or to any instrumentality or agency of the state, in any instance where security for such deposits may be required by law. Unless otherwise directed by the court having jurisdiction thereof, or the document that is the source of authority, a trustee, executor, administrator, guardian or one acting in any other fiduciary capacity may, in addition to any other investment powers conferred by law and with the exercise of reasonable business prudence, invest fiduciary or trust funds in bonds of the authority. Neither a public hearing nor consent of the state Department of Finance or any other department or agency shall be prerequisite to the issuance of bonds by the authority.

(Acts 1963, 2nd Ex. Sess., No. 93, p. 259, §11.)

§ 16-60-92 Refunding Bonds

The authority may from time to time issue refunding bonds for the purpose of refunding any matured or unmatured bonds of the authority then outstanding. Any premium that may be necessary to redeem or retire the bonds to be refunded and all expenses of issuing the refunding bonds may be paid out of the proceeds from the sale of the refunding bonds. The principal of the refunding bonds shall not exceed the principal of the bonds to be refunded plus any such premium and expenses. If the total of the principal and interest maturing with respect to any refunding bonds, during each fiscal year in which any of the bonds secured on a parity with the bonds to be refunded have a stated maturity, does not exceed the total of the principal and interest that would have matured during the same fiscal year on the said bonds to be refunded, then the refunding bonds shall be subrogated and entitled to all priorities, rights and pledges to which the bonds refunded thereby were entitled. Except in cases covered by the preceding sentence, all pledges for the benefit of refunding bonds shall be subject to pledges theretofore made for the benefit of all bonds of the authority then outstanding. All the provisions of Section 16-60-91 shall apply to the refunding bonds issued under this article.

(Acts 1963, 2nd Ex. Sess., No. 93, p. 259, §12.)

§ 16-60-93 Deposit of and Disbursements from Proceeds of Bonds

The proceeds of all bonds, other than refunding bonds, issued by the authority remaining after paying expenses of their issuance shall be deposited in the State Treasury and shall be carried in the State Treasury in a special or separate account. Such funds shall be subject to be drawn upon by the authority and shall be used solely for the purposes for which the bonds were issued as authorized in this article.

(Acts 1963, 2nd Ex. Sess., No. 93, p. 259, §13.)

§ 16-60-94 Revenues of Authority

For the purpose of providing funds to enable the authority to pay at their respective maturities the principal of and interest on all bonds issued by it under the provisions of this article, and to accomplish the objects of its creation, there is hereby irrevocably pledged to such purpose and hereby appropriated such amount of money as may be necessary for said purpose out of the residue of the receipts from the privilege or excise tax levied by Section 28-3-181, after there shall have been taken from said receipts the amounts necessary to meet all prior charges thereon, including the amounts specified in subdivisions (1) and (2) of subsection (c) of Section 28-3-181, said residue constituting that portion of the receipts from the said tax that is now required by law to be paid into the Education Trust Fund. The moneys hereby appropriated and pledged shall constitute a sinking fund for the purpose of paying the principal of and the interest on the bonds of the authority.

(Acts 1963, 2nd Ex. Sess., No. 93, p. 259, §14.)

§ 16-60-95 Disbursement of Funds

Out of the revenues appropriated and pledged in Section 16-60-94, the State Treasurer is hereby authorized and directed to pay the principal of and interest on the bonds issued by the authority under the provisions of this article, as such principal and interest shall respectively mature, and the State Treasurer is further authorized and directed to set up and maintain appropriate records pertaining thereto.

(Acts 1963, 2nd Ex. Sess., No. 93, p. 259, §15.)

§ 16-60-96 Dissolution of Authority

At any time when no bonds of the authority are outstanding, the authority may be dissolved upon the filing with the Secretary of State of an application for dissolution, which shall be subscribed by each of the members of the authority and sworn to by each member before an officer authorized to take acknowledgments to deeds. Upon the filing of such application for dissolution, the authority shall cease to exist. The Secretary of State shall file and record the application for dissolution, in an appropriate book of record in his office, and shall make and issue, under the Great Seal of the State, a certificate that the authority is dissolved and shall record such certificate with the application for dissolution. Title to all property held in the name of the authority shall be vested in the state upon dissolution of the authority.

(Acts 1963, 2nd Ex. Sess., No. 93, p. 259, §16.)

Article 5 Management and Control of Trade Schools and Junior Colleges

§ 16-60-110 Definitions

(a) The Legislature finds and determines all of the following:

(1) That it is necessary to the welfare of the state that it provide workforce development initiatives that are responsive to industry needs from highly specialized training programs that help prepare entry level employees to meet growing demands.

(2) That the needs of the citizens, businesses, and industries of the state are best served by a unified system of institutions and programs delivering excellence in academic education, adult education, and workforce development.

(3) That a unified system is best supported and supervised by a board of trustees devoted solely to providing the best possible facilities, teaching, and instruction through the Alabama Community College System.

(4) That high quality, affordable, local educational opportunities for students to obtain associate’s degrees and to prepare for continuing their education at four-year institutions have been a hallmark of Alabama’s two-year college system since its inception, that the board of trustees created by this article is charged with maintaining and building upon those options to ensure that a college education remains affordable for all Alabama families.

(b) For purposes of this article, the following words and phrases shall have the respective meaning ascribed to them by this section:

(1) ALABAMA COMMUNITY COLLEGE SYSTEM. The state-supported system of community and technical colleges formerly operating under the supervision of the State Board of Education, including individual institutions, system-wide programs, other related organizations, and central operations.

(2) BOARD. The Board of Trustees of the Alabama Community College System.

(3) CHANCELLOR. The chief executive officer of the Alabama Community College System.

(4) COMMUNITY AND TECHNICAL COLLEGES. The publicly supported two-year schools established as community colleges, junior colleges, technical colleges, and trade schools previously under the authority of the State Board of Education.

(Acts 1963, 2nd Ex. Sess., No. 94, p. 268, §1; Acts 1982, No. 82-486, p. 805, §1; Act 2012-497, p. 1460, §1; Act 2015-125, §§1, 2.)

§ 16-60-110.1 Alabama Community College System Established; Board of Trustees; Transfer of Duties

(a) There is created the Alabama Community College System as a body corporate under the name of the Alabama Community College System, which shall replace and succeed to the duties of the Department of Postsecondary Education and shall operate a system of community and technical colleges within the state. All references in state law to the Department of Postsecondary Education, Postsecondary Education Department, and Alabama College System, or terms of like import, shall be deemed to refer to the Alabama Community College System. The body corporate created by this subsection shall have all the rights, privileges, and powers necessary to the end of its creation.

(b) The Alabama Community College System shall be governed by the Board of Trustees of the Alabama Community College System, as created in this article for the purpose of governing the community and technical colleges of the state.

(c) Any other law to the contrary notwithstanding, the authority, powers, and duties assigned to the State Board of Education with respect to the supervision, administration, naming, financing, construction, and equipping of institutions of postsecondary education, including community and technical colleges, junior colleges, and trade schools, however described, are removed from the State Board of Education and delegated to the board, and all actions of such institutions of postsecondary education requiring the approval of the State Board of Education, commencing on May 12, 2015, shall require only approval of the board. Without limiting the generality of the foregoing, all references to the State Board of Education in Sections 16-3-37, 16-5-8.3, 16-5-13, 16-60-88, 16-60-330, 16-60-332, 16-60-335, and 16-60-338, shall be deemed to refer to the board.

(Act 2015-125, p. 350, §3; Act 2017-171, §1.)

§ 16-60-111 Board of Trustees of the Alabama Community College System

(a) There is established a Board of Trustees of the Alabama Community College System. The board shall be composed of the following members:

(1) The Governor, who shall be ex officio president of the board.

(2) Seven members appointed by the Governor so that one member of the board is a resident of each of the seven congressional districts in the state as the districts are constituted on May 12, 2015. The member appointed by the Governor pursuant to this subdivision, representing the congressional district in which the main campus of Athens State University is located, shall serve as the member of the Board of Trustees of Athens State University pursuant to subdivision (3) of subsection (a) of Section 16-47A-4.

(3) One ex officio, nonvoting member appointed by the Governor who is actively serving on the State Board of Education.

(4) One member appointed by the Governor from the state at large.

(b) All members appointed by the Governor shall be free from any contractual, employment, personal, or familial financial interest in the Alabama Community College System.

(c) If a member appointed from a congressional district ceases to be a resident of the district from which appointed, the member shall vacate his or her office. Members appointed by the Governor from Districts 1, 3, 5, and 7 shall be appointed for an initial term of two years, and every four years thereafter. Members appointed by the Governor from Districts 2, 4, and 6, and from the state at large, shall be appointed for an initial term of four years, and every four years thereafter.

(d) All appointees to the board shall be subject to confirmation by the Senate and shall be confirmed before beginning a term of office. As vacancies occur on the board for any cause, they shall be filled by the Governor for the unexpired term, subject to confirmation by the Senate before beginning service. An appointment made when the Legislature is in regular session shall be submitted to the Senate not later than the third legislative day following the date of appointment. An appointment made when the Legislature is not in regular session shall be submitted to the Senate not later than the third legislative day following the reconvening of the Legislature after the appointment.

(e) The members of the board shall be qualified electors of the State of Alabama, and the membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. In making appointments to the board, the Governor shall give special consideration to those persons who have attended a community or technical college and who are familiar with the two-year college system, or who have business leadership experience. No employee of the state may serve as an appointed member of the board. No appointed member of the board may serve more than two consecutive terms of office. Other than the ex officio members of the board, no person currently serving in any elected office may concurrently serve as a member of the board.

(f) Upon appointment, and after confirmation, of the initial members of the board, the board shall meet to organize itself, to elect officers, other than the president, as the board deems appropriate, and to transact any necessary business. The board may adopt bylaws to govern operations and create committees as deemed necessary. This organizational meeting of the board is not considered a regular meeting of the board.

(g) The board shall meet not less than quarterly on dates to be set by the board in official session, by the president, or by the Chancellor on written request of a majority of the board members. One meeting of the board each year shall be held with the members of the State Board of Education. The rules generally adopted by deliberative bodies for their government shall be observed and a quorum of five shall be present. Members of the board or any committee of the board may participate in meetings of the board or committees by telephone conference or similar communications equipment through which all persons participating in the meeting can hear each other at the same time, and participation by the members shall constitute presence at a meeting for all purposes. The Chancellor shall give notice of any meeting as required by law.

(h) The members of the board shall receive no compensation for service on the board. Members shall be reimbursed for actual traveling and other necessary expenses incurred in attending meetings and transacting the business of the board. Reimbursement shall be paid out of the Education Trust Fund in the same manner as other expenses of the board are paid.

(i) If not otherwise required by law, each member of the board shall file a completed statement of economic interests, pursuant to Section 36-25-24, for the previous calendar year with the State Ethics Commission no later than April 30th of each year, and shall be covered by all aspects and requirements of the State Ethics Law, Chapter 25 of Title 36. Members of the board shall be indemnified for any loss incurred as a result of damage done in the performance of their duties as a member of the board and for which the member is personally liable. Members shall be covered under the General Liability Trust Fund in accordance with Section 36-1-6.1.

(j) Before exercising any authority or performing any duty, each member of the board shall qualify as such by taking and subscribing to the oath of office prescribed by the state constitution, the certificate of which shall be filed with the records of the board. The Governor may remove any appointed member of the board for immorality, misconduct in office, incompetency, or willful neglect of duty, giving the member a copy of the charges against him or her and, upon not less than 10 days’ notice, an opportunity of being heard publicly in person or by counsel in his or her own defense. If any member shall be removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges against the member, any findings, and a complete record of the proceedings.

(Act 2015-125, §3.)

§ 16-60-111.1 Chancellor - Appointment; Vacancies

(a) For the purpose of assisting the board in carrying out its authority and responsibility for the community and technical colleges, the board shall appoint a Chancellor who will also be Chief Executive Officer of the Alabama Community College System. The Chancellor shall serve at the pleasure of the board and perform such duties as are provided in this article and otherwise as are assigned by the board. The Chancellor serving on May 12, 2015, shall continue to serve until his or her then current contract expires. The board may enter into a contract with the Chancellor for his or her services for a period not to exceed four years. The Chancellor shall be a person of good moral character with academic and professional education equivalent to graduation from a regionally accredited university or college, who is knowledgeable in postsecondary institution administration and has training and experience sufficient to qualify him or her to perform the duties of the office.

(b) Notice of a vacancy in the position of Chancellor shall be posted by the board. The notice shall be posted on the Internet and in a conspicuous place at each postsecondary school campus and worksite, including all state and local board of education offices, 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.

(c) The board may adopt or continue procedures with respect to the appointment of the Chancellor which are not inconsistent with this section. The position shall not be filled during the required posting period, except as herein provided. The posting of a vacancy notice as required in this section shall not be abridged or delayed except in emergency circumstances and then delayed only temporarily in order to reasonably meet the conditions of the emergency. A violation of the notice requirements of this section by the board shall void any related employment action taken by the board.

(d) A vacancy in the position of Chancellor shall be filled by the board within 180 days after such a vacancy occurs. The board may temporarily fill the position on an interim basis for not more than two six-month periods.

(Acts 1982, No. 82-486, p. 805, §4; Act 2010-210, p. 332, §2; Act 2015-125, §4.)

§ 16-60-111.2 Chancellor - Responsible for Operation, Etc., of Community Colleges and Technical Colleges

The authority and responsibility for the operation, management, control, supervision, maintenance, regulation, improvement, and enlargement of community colleges and technical colleges shall be vested in the Chancellor, subject to the approval of the board.

(Acts 1982, No. 82-486, p. 805, §3; Act 2015-125, §4.)

§ 16-60-111.3 Chancellor - Compensation

Notwithstanding any provision of law to the contrary, the board shall have the authority to establish the salary of the Chancellor. The board may also provide for expense allowances to be paid to the Chancellor in whatever amounts and for whatever purposes deemed necessary and appropriate by the board, and directly correlated to the operation and best interests of the Alabama Community College System. Such salary and expense allowances shall be paid in installments from the annual appropriation made to the board or the Alabama Community College System as appropriate.

(Acts 1982, No. 82-486, p. 805, §5; Act 2015-125, §4.)

§ 16-60-111.4 Powers of Board of Trustees

(a) The board shall be authorized to:

(1) Make rules and regulations for the government of community and technical colleges.

(2) Prescribe for the community and technical colleges the courses of study to be offered and the conditions for granting certificates, diplomas, and degrees.

(3) Appoint or terminate the employment of the presidents of the community and technical colleges.

(4) Direct the expenditure of legislative appropriations of community and technical colleges including, but not limited to, the allocation of the annual legislative appropriation, as the board determines is in the best interests of the Alabama Community College System.

(5) Prescribe qualifications for faculty and establish, publish, and maintain an annual salary schedule for each community and technical college employee classification and tenure requirements for faculty at community and technical colleges.

(6) Accept gifts, donations, and devises and bequests of money and real and personal property for the benefit of community and technical colleges or any one of them.

(7) Establish a performance-based allocation process that is equitable and compatible with the services and programs offered by each individual campus.

(b) Any provision of law to the contrary notwithstanding, employees of the Alabama Community College System shall participate in the Teachers’ Retirement System of Alabama pursuant to Chapter 25 and the State Employee’s Health Insurance Plan pursuant to Chapter 29, Title 36. Employees of community and technical colleges shall participate in the Teachers’ Retirement System of Alabama pursuant to Chapter 25 and the Public Education Employees’ Health Insurance Plan pursuant to Chapter 25A or other qualified health plans established pursuant to Section 1311 of the federal Patient Protection and Affordable Care Act of 2010.

(Acts 1982, No. 82-486, p. 805, §6; Act 2015-125, p. 350, §4; Act 2017-171, §1.)

§ 16-60-111.5 Chancellor - Powers and Duties as Chief Executive Officer of the Alabama Community College System

The Chancellor shall act as Chief Executive Officer of the Alabama Community College System and shall direct all matters involving the community and technical colleges within the policies of the board. The Chancellor shall:

(1) Execute and enforce the rules and regulations of the board governing the community and technical colleges.

(2) Interpret the rules and regulations of the board concerning the community and technical colleges.

(3) Administer the office of the Chancellor and appoint to positions of employment such professional, clerical, and other assistants, including specialists and consultants, on a full- or part-time basis as may be needed to assist the Chancellor in performing the duties of the office of the Chancellor. The number of employees, their compensation, and all other expenditures of the office of the Chancellor shall be within the limits of a budget for the office of the Chancellor which shall be approved by the board. The Chancellor and all employees of the office of the Chancellor shall not be subject to or governed by the provisions of the state Merit System law but shall be entitled to all benefits accruing to Merit System employees including the right to accumulate leave and participate in the Teachers’ Retirement System.

(4) Have the authority to take any and all actions necessary and proper to administer policies, rules, and regulations of the board in carrying out its responsibility for the management and operation of the community and technical colleges.

(5) Prepare, or cause to be prepared, an annual report of the board on the activities of the Alabama Community College System and shall submit on the first day of December, or as early thereafter as practicable, the same to the board for its approval and adoption. He or she shall also prepare, or cause to be prepared, all other reports which are or may be required of the board.

(6) Prepare, or cause to be prepared, and submit for approval by the board such budget for each quadrennium, or for such other period as may be fixed by the Department of Finance or other duly authorized body.

(7) Prepare, or cause to be prepared, and submit for approval and adoption by the board such legislative measures as are in his or her opinion needed for the further development and improvement of the community and technical colleges.

(Acts 1982, No. 82-486, p. 805, §8; Act 2015-125, §4.)

§ 16-60-111.6 Delegation of Decision-Making Authority to Chancellor

Except where otherwise clearly indicated herein the board shall delegate to the Chancellor, authority for the Chancellor to act and make decisions concerning the management and operation of the community and technical colleges. The presidents of the community and technical colleges shall be responsible to the Chancellor for the day-to-day operation of the colleges.

(Acts 1982, No. 82-486, p. 805, §9; Act 2015-125, §4.)

§ 16-60-111.7 Appointment of Faculty and Staff; Qualifications

The presidents of the community and technical colleges shall appoint the faculty and staff of the community and technical colleges according to qualifications prescribed by the board and such other regulations which may be adopted by the board.

(Acts 1982, No. 82-486, p. 805, §7; Act 2015-125, §4.)

§ 16-60-111.8 Authority of Board and Chancellor to Take Administrative Action

The board and the Chancellor shall be authorized to take all administrative action, including transfer to the board of funds appropriated to the board for administration of the Alabama Community College System, necessary to carry out the intent and purpose of this article.

(Acts 1982, No. 82-486, p. 805, §14; Act 2015-125, §4.)

§ 16-60-111.9 Vacancy in Position of Executive Officer

(a) For the purposes of this section, the following terms shall have the following meanings:

(1) BOARD. The Board of Trustees of the Alabama Institute for Deaf and Blind; the Alabama Youth Services Department School 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 Trustees of the Alabama High School of Mathematics and Science; and the Board of Trustees of the Alabama Community College System as applied to two-year postsecondary education institutions.

(2) EXECUTIVE OFFICER. The President of the Alabama Institute for Deaf and Blind; the president of any community or technical college under the auspices of the Board of Trustees of the Alabama Community College System; the Executive Director of the Alabama School of Fine Arts; the Superintendent of the Department of Youth Services School District; and the Executive Director of the Alabama High School of Mathematics and Science.

(b) Notice of a vacancy in the position of executive officer shall be posted by the applicable board. The notice shall be posted on the Internet and 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.

(c) The board may adopt or continue policies which are not inconsistent with this section. The position shall not be filled during the required posting period, except as herein provided. The posting of a vacancy notice as required in this section shall not be abridged or delayed except in emergency circumstances and then delayed only temporarily in order to reasonably meet the conditions of the emergency. The adoption of additional policies shall comply with the requirements and procedures of Section 16-1-30.

(d)(1) Except as otherwise provided in subdivision (2), a vacancy in the position of executive officer shall be filled by the board within 120 days after such vacancy occurs, except in the case of a financial emergency. The board may temporarily fill the position on an interim basis for not more than two six-month periods.

(2) The Chancellor of the Alabama Community College System, subject to the rules and procedures of the board, may appoint an interim executive officer to serve as the president of any two-year school or college under the auspices of the board for such terms as the Chancellor determines to be in the best interests of the community or technical college.

(3) A duly appointed interim or emergency executive officer shall not be prohibited from consideration for selection to fill an executive officer vacancy.

(e) Violation of the notice requirements of this section by the board shall void any related employment action taken by the board.

(Act 2010-210, p. 332, §3; Act 2014-448, p. 1673, §1; Act 2015-125, §4.)

§ 16-60-111.10 Personal and Real Property

The board may acquire and hold real and personal property and may lease, rent, convey, and dispose of real and personal property and may make such repairs and improvements on all property under its control as may be in the best interests of the community and technical colleges and, subject to the approval of a three-fifths majority of the membership of the board, may acquire, sell, and convey title to real estate. The board may make repairs and improvements on all property under its control as may be in the best interests of the community and technical colleges. All property held before May 12, 2015, by or for the benefit of any of the community and technical colleges of the state, whether held in the name of the board, the Alabama Community College System, the State Board of Education, or a community or technical college, without the necessity of any further conveyance, shall be owned by the Alabama Community College System and shall be controlled by the board. All real property acquired on and after May 12, 2015, for the benefit of community and technical colleges shall be acquired by and in the name of the Alabama Community College System. Personal property acquired after that date may be acquired in the name of the Alabama Community College System or of the community or technical college for whose benefit it is acquired.

(Act 2015-125, p. 350, §5; Act 2017-171, §1.)

§ 16-60-111.11 Additional Powers of Board

(a) The board may exercise all of the following powers:

(1) To borrow money from the United States of America or any department or agency thereof, or from any person, firm, corporation, or other lending agency for the purchase, construction, enlargement, or alteration of any buildings or other improvements, including dormitories, dining halls, classrooms, laboratories, libraries, stadiums, administration buildings, and any other buildings and appurtenances thereto suitable for use by the institution or institutions with respect to which the borrowing is made, or for the benefit of the Alabama Community College System or one or more of its programs, the acquisition of furniture and equipment for any thereof, the purchase of land, the beautification of grounds, and the construction of swimming pools, tennis courts, athletic fields, and other facilities for physical education, all for use by such institution or institutions, and for the acquisition, installation, and implementation of technology systems and improvements, including hardware and operating software, for the use by or benefit of one or more such institutions or the Alabama Community College System.

(2) To sell and issue interest-bearing securities, whether in the form of bonds, notes, or other securities, in evidence of the monies so borrowed.

(3) To pledge to the payment of the principal of and interest on such securities the fees from students levied and to be levied by or for an institution or institutions, the revenues from any facility or facilities, and any other monies and revenues not appropriated by the state to such institution or institutions.

(4) To establish parietal rules respecting the use or occupancy of any facilities the revenues of which are pledged to such securities.

(5) To agree to maintain the charges for the use or occupancy of, for services rendered by or from, and for admission to, any facilities the revenues of which are so pledged, and the fees from students so pledged, at such rates and in such amounts as shall produce monies sufficient to pay at their respective maturities the principal of and interest on the securities with respect to which such pledges and agreements are made and to create and maintain any required reserves therefor.

(6) To agree to insure, maintain, repair, and replace any such facilities, systems, and improvements with respect to which any such pledge is made.

(7) To make such other agreements with respect to the facilities, systems, and improvements and such securities as the governing body providing for the issuance thereof shall deem necessary or desirable.

(b) The securities issued under this section may from time to time be refunded by the issuance, by sale or exchange, of refunding bonds, notes, or other securities payable from the same or different sources for the purpose of paying all or any part of the principal of the securities to be refunded, any redemption premium required to be paid as a condition to the redemption prior to maturity of any such securities that are to be so redeemed in connection with such refunding, any accrued and unpaid interest on the securities to be refunded, any interest to accrue on each security to be refunded to the date on which it is to be paid, whether at maturity or by redemption prior to maturity, and the expenses incurred in connection with such refunding. Unless duly called for redemption pursuant to their provisions, the holders of any such securities then outstanding and proposed to be refunded shall not be compelled without their consent to surrender their outstanding securities for such refunding.

(c) Any such securities may be issued from time to time, may be executed in such manner, shall bear interest at such rate or rates, shall be payable as to both principal and interest, at such time or times, may be made redeemable before maturity at the option of the board at such redemption price or prices and on such terms, and may be sold in such manner and at such price or prices, all as may be provided in the proceedings under which they are issued. The board shall have power to prescribe all details thereof, subject only to this section. Bonds, notes, and other securities issued under this section shall be eligible for the investment of trust or other fiduciary funds in the exercise of prudent judgment by those making such investment. Neither the securities issued under, nor any pledge or agreement that may be made pursuant to, this section shall be or constitute an obligation of any nature whatsoever of the state, and neither the securities nor any obligation arising from any such pledge or agreement shall be payable out of any monies appropriated by the state to the Alabama Community College System or to the institution or institutions with respect to which such securities are issued or such pledge or agreement is made.

(Act 2015-125, §5.)

§ 16-60-111.12 Annual Report

The board shall submit each year on or before the first day of December, or as early thereafter as practicable, to the Governor an annual report covering all operations of the Alabama Community College System and the support, conditions, progress, and needs of education throughout the state. The annual report shall be printed in sufficient quantities for general distribution throughout the state and for the usual exchange courtesies between state educational authorities.

(Act 2015-125, §5.)

§ 16-60-111.13 Legislative Recommendations

The board shall consider the educational needs of the state and on and with the advice of the Chancellor shall recommend to the Governor and to the Legislature such additional legislation or changes in the existing legislation as may be deemed desirable. Recommendations may be in the form of prepared bills and shall be submitted to the Governor and the Legislature.

(Act 2015-125, §5.)

§ 16-60-111.14 Official Seal

The board may adopt an official seal for the authorization of its acts.

(Act 2015-125, §5.)

§ 16-60-111.15 Administration of Oaths and Examination of Witnesses

The board by its presiding officer, or its subcommittees by their chairs, the Chancellor, and any of his or her duly appointed agents shall have authority to administer oaths and to examine under oath, in any part of the state, witnesses in any matter pertaining to community and technical colleges, and to cause the examination to be reduced to writing.

(Act 2015-125, §5.)

§ 16-60-111.16 Donations; Assumption of Obligations

(a) Property, money, or other thing of value may be donated for the benefit of the community and technical colleges to be held in trust and administered for the use of such colleges.

(b) Whenever any property, money, or thing of value is donated to be used for the benefit of the community or technical colleges of this state, the board may administer such trusts as it deems to be in the best interests of the community or technical college or colleges for the benefit of which the donation or gift is made. The board is given complete control of such property and may sell, lease, or otherwise dispose of the property as it deems to be in the best interests of the community or technical college or colleges for the benefit of which such property is donated; or the board may convert the same into securities for handling the property or proceeds therefrom as in its discretion will best promote the purpose of the trust.

(c) The board may accept the administration of property, money, or other thing of value donated in trust for the benefit of any community or technical college or colleges of the state upon such conditions as may be acceptable to the donor and the board, but no undertaking entered into by the board with such donor shall bind the state to pay any public monies to anyone. Nothing in this section shall prevent the board from undertaking payments to persons out of the proceeds derived from such trust funds as a condition of the acceptance of a donation for the benefit of such community or technical college or colleges. All trust funds administered under this article may be required by the board to pay the expenses of administering the same.

(d) The board shall assume all obligations of the State Board of Education with respect to bonds issued by the State Board of Education for the benefit of any community or technical college prior to May 12, 2015, which bonds and related obligations are and shall continue to be payable solely from certain revenues from tuition and fees charged against students at the respective community or technical colleges. No such assumption, however, shall create an obligation or indebtedness of the state or be payable out of funds appropriated by the state to the board or to the community or technical colleges. The board may also enter into an agreement with the State Board of Education to further provide for the respective rights and obligations of the board and the State Board of Education with respect to any such obligations, including, without limitation, compliance by the board with the authorizing resolutions adopted by the State Board of Education with respect to such obligations, compliance by the board with covenants and agreements of the State Board of Education with respect to such obligations, reimbursement of any payments required to be made by the State Board of Education, and the issuance of obligations by the board on parity of pledge of revenues with the pledges made by the State Board of Education. In no event shall the adoption of the act pursuant to which this section is added result in the impairment of any rights of the holders of any bonds or other obligations issued by the State Board of Education for the benefit of the community and technical colleges.

(Act 2015-125, §5.)

§ 16-60-111.17 Employment of Certain Executive and Administrative Management Personnel on Contract Basis

Any provision of the Students First Act of 2011 to the contrary notwithstanding, any executive and administrative management personnel hired on or after July 1, 2024, including a president, vice president, dean, executive director, director, deputy, or chief by a public two-year institution of higher education under the authority and control of the Board of Trustees of the Alabama Community College System shall be employed on a contract basis as provided by rule of the board.

(Act 2024-360, §3.)

§ 16-60-112 Interpretation of Article

Nothing contained in this article shall be construed as repealing any provision of the Alabama Trade School and Junior College Authority Act, Sections 16-60-80 to 16-60-96, inclusive, or Sections 16-5-1 to 16-5-14, inclusive, relating to the Alabama Commission on Higher Education.

(Acts 1963, 2nd Ex. Sess., No. 94, p. 268, §3; Acts 1982, No. 82-486, p. 805, §11; Act 2015-125, §6.)

§ 16-60-113 Authority to Borrow in Anticipation of Current Revenues If Funds Not Sufficient to Pay Teachers’ Salaries

Any community or technical college , during any fiscal year upon the approval of the Chancellor, may borrow money in anticipation of the current revenues for that fiscal year and pledge the current revenues for that fiscal year for payment of such loan or loans if funds on hand are not sufficient to pay the salaries of teachers for any given month. Any amount borrowed may not exceed one month’s allotment and may not exceed the amount of the state appropriation minus the amount disbursed from the annual allotment to the college.

(Acts 1969, No. 1153, p. 2159; Acts 1982, No. 82-486, p. 805, §12; Act 2015-125, §6.)

§ 16-60-114 Transfer of Authority, Duties, Etc., for Community and Technical Colleges to Chancellor; Construction of Article

Any other law to the contrary notwithstanding, the authority, powers, and duties prescribed in Sections 16-60-80 to 16-60-96, inclusive, relating to the Alabama Trade School and Junior College Authority Act, are hereby transferred to the Chancellor and expressly removed from the State Superintendent of Education. Any other law to the contrary notwithstanding, this article shall be construed to require that all actions of the State Board of Education concerning the community and technical colleges which previously have required the recommendation of the State Superintendent of Education shall now require only the recommendation of the Chancellor. This article may not be construed as removing the State Superintendent of Education from membership on any board, commission, authority or other agency on which the State Superintendent of Education now serves except as otherwise provided herein.

(Acts 1982, No. 82-486, p. 805, §13; Acts 1983, 2nd Ex. Sess., No. 83-131, p. 137, §1; Act 2015-125, §6.)

§ 16-60-115 Adult Education, State Approving Agency, and Private School Licensure Programs

(a) All powers, duties, responsibilities, and functions of, and all related records, property, equipment of, and all rights, obligations of, and unexpended balances of appropriations including federal and other funds or allocations for the fiscal year ending September 30, 2002, of the Adult Education program, the State Approving Agency program, and the Private School Licensure program for postsecondary proprietary schools of the State Department of Education shall be transferred by the State Board of Education to the Postsecondary Education Department. Commencing on May 12, 2015, all authority vested in the Postsecondary Education Department pursuant to this subsection shall be transferred from the Postsecondary Education Department to the Alabama Community College System pursuant to Section 16-60-110.1.

(b) All funds appropriated to the State Department of Education for the fiscal year ending September 30, 2003, for the Adult Education program and the components of that program, the State Approving Agency program and the components of that program, and the Private School Licensure program and the components of that program for postsecondary proprietary schools, shall be transferred to the Postsecondary Education Department for its use during that fiscal year under the same terms and conditions as specified for those funds in any appropriation bill, or as otherwise specified by law. Commencing on May 12, 2015, all authority vested in the Postsecondary Education Department pursuant to this subsection shall be transferred from the Postsecondary Education Department to the Alabama Community College System pursuant to Section 16-60-110.1.

(c) All full-time nonprobationary employees of the Adult Education program and the components of that program, the State Approving Agency program and the components of that program, and the Private School Licensure program and the components of that program for postsecondary proprietary schools, shall be transferred to the Postsecondary Education Department on the effective date of this section to a full-time nonprobationary employee classification commensurate with the level of each respective employee classification at the Postsecondary Education Department on the date prior to the transfer. Commencing on May 12, 2015, all employees and programs transferred to the Postsecondary Education Department pursuant to this subsection shall be transferred from the Postsecondary Education Department to the Alabama Community College System pursuant to Section 16-60-110.1.

(d) Any full-time nonprobationary employee transferred under this section from the Postsecondary Education Department to the Alabama Community College System shall be entitled to the due process rights provided by the State Personnel Board on May 12, 2015, and also to all other rights, benefits, and due process to which they were entitled before May 12, 2015, and pursuant to Section 16-60-110.1, including, but not limited to, the right to accumulate leave, participate in the Teachers’ Retirement System, and consideration for annual salary increases. No employee shall be demoted or have his or her salary, position, or status adversely affected due to his or her transfer or any other provision of this section.

(e) Upon the vacating of any of the employee classifications designated under subsection (c), by any such incumbents, such classifications shall cease to be automatically considered full-time nonprobationary positions and persons to fill such positions thereafter shall serve at the pleasure of the Chancellor of the Alabama Community College System, having the same rights, benefits, terms, conditions, and due process to which other employees of the Alabama Community College System are entitled.

(f) An employee of the community and technical colleges shall be as defined in subdivision (1) of Section 16-25A-1.

(g) An employee of the Alabama Community College System shall be as defined in subdivision (3) of Section 16-25-1.

(h) The State Board of Education shall coordinate the transfer. The State Superintendent of Education, the State Department of Education, and the Postsecondary Education Department shall assist the Chancellor and the Board of Trustees of the Alabama Community College System with the highest degree of cooperation to carry out the intent and purpose of this section and to achieve an orderly transition.

(i) The Chancellor of the Alabama Community College System shall direct all matters involving the Adult Education program, the State Approving Agency program, and the Private School Licensure program for postsecondary proprietary schools in conformance with state and federal law and the policies of the Alabama Community College System. All responsibilities related to the Adult Education program, the State Approving Agency program, and the Private School Licensure program for postsecondary proprietary schools previously vested with the Chancellor of the Postsecondary Education Department shall be vested with the Chancellor of the Alabama Community College System.

(j) The State Approving Agency program shall be transferred from the Postsecondary Education Department to the Alabama Community College System pursuant to this section.

(k) The Private School Licensure program for postsecondary proprietary schools shall be transferred from the Postsecondary Education Department to the Alabama Community College System pursuant to this section.

(l) The State Board of Education and the State Superintendent of Education shall take all administrative action, including the transfer of funds, appropriate and necessary to carry out the intent and purpose of this section.

(Act 2002-528, p. 1389, §§1-4; Act 2015-125, §6.)

§ 16-60-116 Alabama Aviation College

(a) The Alabama Aviation College, formerly known as the Alabama Institution of Aviation Technology, is established as an independent institution within the Alabama Community College System responsible for providing aviation education and training statewide. The Alabama Aviation College shall be responsible directly to the Chancellor, who shall provide an annual budget that adequately funds the statewide mission of the college. The mission of the college shall include preparing and training maintenance, service, and new build assembly technicians for the aviation industry.

(b) To ensure that programs and curriculum provided by the college are aligned with the needs of the aviation industry, the Chancellor shall appoint an Aviation Commission to advise and make recommendations to the Chancellor to ensure that curriculum content is appropriate, aviation programs offered are marketed to the fullest extent, and partnerships with business and industry are established, and other duties as designated by the Chancellor. In no event shall the college be combined or consolidated with another community or technical college within the Alabama Community College System to form a regional institution. Nothing in this article shall preclude the Chancellor from establishing a site or branch, whether permanent or temporary, to fulfill the statewide aviation education mission of the Alabama Community College System.

(Act 2015-125, §7.)

§ 16-60-117 Technical and Workforce Development Programs

The board may operate technical and workforce development programs as are necessary and appropriate to provide a skilled workforce within the state. Such technical and workforce development programs may be provided through the facilities and faculties of the community and technical colleges or may be provided at other sites and utilizing such other faculty and staff as are required to satisfy the needs of business and industry. The board, upon recommendation of the Chancellor, shall appoint such program directors as needed with respect to such programs, using the same procedures as are from time to time applicable to the appointment of the presidents of the community and technical colleges.

(Act 2015-125, §7.)

§ 16-60-117.1 Training on Recognition, Prevention, and Reporting of Human Trafficking

(a) Any trade school or junior college, as defined in Section 16-60-81, offering instruction in the operation of commercial motor vehicles as part of the driver training school shall offer, as part of the commercial motor vehicle driving course curriculum, industry specific training on the recognition, prevention, and reporting of human trafficking.

(b) The Board of Trustees of the Alabama Community College System shall be responsible for ensuring the instruction requirements in subsection (a) are met. The board, in conjunction with organizations that specialize in the recognition and prevention of human trafficking, shall annually review and update the training to include changes and trends in human trafficking.

(c) Private driver training schools shall use best efforts to incorporate in the course curriculum the specific training on the recognition, prevention, and reporting of human trafficking.

(Act 2019-417, §1.)

§ 16-60-118 Alternative High School Diploma Pathway

(a) This section shall be known and may be cited as the Restoring Educational Advancement of Completing High School (REACH) Act.

(b) For the purposes of this section, the following terms have the following meanings:

(1) ACCS. The Alabama Community College System.

(2) ADULT EDUCATION. Education programs provided through the Adult Education Division of the Alabama Community College System and its approved network of providers.

(3) DEPARTMENT. The State Department of Education.

(4) LOCAL EDUCATION AGENCY. A county school system or city school system operating public primary and secondary schools.

(5) NONTRADITONAL HIGH SCHOOL DIPLOMA OPTION. An alternative pathway for earning a high school diploma developed through adult education.

(c)(1) The ACCS, in collaboration with the State Superintendent of Education, shall establish a nontraditional high school diploma option for students who are 18 years of age or older and who have withdrawn from high school before graduating pursuant to Section 16-28-3.1, as a means for those students to earn a high school diploma.

(2) The ACCS shall develop, implement, and continually evaluate the effectiveness of the nontraditional high school diploma option program to ensure that the curricula of the program is aligned with public high school diploma requirements. The ACCS shall also oversee the management and control of each nontraditional high school diploma option program offered.

(d)(1) The ACCS, through its network of community and technical colleges, shall work with local education agencies throughout the state to implement the nontraditional high school diploma option at the local level. Local education agencies shall actively promote the availability of the nontraditional high school diploma option to at-risk juniors and seniors. Additionally, the Adult Education Division of the ACCS, in conjunction with the department, shall oversee a statewide awareness campaign to ensure that students, parents, and educators throughout the state are informed about the opportunities and supports available through this program.

(2) Adult education providers approved by the ACCS and public high schools may enter into agreements regarding student participation in nontraditional high school diploma options which include, but are not limited to, the following:

a. Location and manner of instructional delivery including, but not limited to, in-person, virtual, or a hybrid.

b. Reasonable accommodations for participants.

c. Appropriate support services for participants.

(e)(1) A student who withdraws from high school and, within one year after withdrawing, enrolls in a nontraditional high school diploma option program may not be counted as a dropout for purposes of the graduation rate calculations of his or her high school on the State Report Card.

(2) The ACCS, in collaboration with the department and local education agencies, shall track program participation, student retention, and high school diplomas awarded through the nontraditional high school diploma option to measure the effectiveness of the program. Commencing on January 1, 2026, and each January 1 thereafter, the Chancellor of the ACCS shall submit a summary of the information tracked to the Chairs of the House and Senate Education Policy Committees.

(f) Students who earn a high school diploma through the nontraditional high school diploma option are eligible for admission to any two-year or four-year institution of higher education in the state; provided, however, each institution shall maintain the ability to set its own admission requirements.

(g) The Board of Trustees of the ACCS and the State Board of Education may adopt reasonable rules to implement this section including, but not limited to, the following:

(1) Allowing an increase to the credit ratio for completion of postsecondary level instructional curricula related to career readiness, career pathways, and integrated education and training correlated to industry recognized credentials.

(2) Utilization of Title II of the Workforce Innovation and Opportunity Act, known as the Adult Education and Family Literacy Act, and Measurable Skill Gains indicators as referenced by the United States Department of Education Office of Career, Technical, and Adult Education to accelerate the achievement of a high school diploma.

(3) Agreed upon state strategies to reduce the dropout rate by using the Adult Education Division of the Alabama Community College System network of providers as the primary option of choice for students who have withdrawn from high school to complete a high school diploma or its recognized equivalent.

(Act 2025-326, §1.)

Article 6 Southern Union College

§ 16-60-130 Acceptance of Facilities by Governor; Provision for Operation as State Institution

Upon receipt of a proper deed or such other conveyances as may be appropriate for the purpose, as determined by the Governor, he may accept on behalf of the state the property, buildings, facilities and effects appertaining to Southern Union College, Wadley, in Randolph County; and by executive order he may provide for the operation and maintenance of the college as a state educational institution of the same kind as the institutions provided for in Sections 16-60-80 through 16-60-96.

(Acts 1964, 1st Ex. Sess., No. 153, p. 218, §1.)

§ 16-60-131 Operation as Other Like Institutions

Upon the acceptance of Southern Union College as a state educational institution, as provided in Section 16-60-130, the college shall be operated, managed, controlled, maintained and regulated thereafter as other like institutions.

(Acts 1964, 1st Ex. Sess., No. 153, p. 218, §2.)

§ 16-60-132 Advisory Board

There shall be established a Southern Union College Advisory Board, to consist of not more than nine citizens who are members of the college community, appointed by the State Superintendent of Education, upon nomination and recommendation of the president of the college. The advisory board shall promote and serve the best interests of the institution in every way not inconsistent with the Alabama Trade School and Junior College Authority Act, Sections 16-60-80 through 16-60-96.

(Acts 1964, 1st Ex. Sess., No. 153, p. 218, §3.)

Article 7 Snead Junior College

§ 16-60-150 Governor Authorized to Accept Property and Provide for Operation and Maintenance

Upon receipt of a proper deed or such other conveyances as may be appropriate for the purpose, as determined by the Governor, he may accept on behalf of the state the property, buildings, facilities and effects appertaining to the Snead Junior College located at Boaz in Marshall County; and by executive order he may provide for the operation and maintenance of the college as a state educational institution of the same kind as the institutions provided for in Sections 16-60-80 through 16-60-96.

(Acts 1967, No. 260, p. 740, §1.)

§ 16-60-151 College to Be Operated as Other Like Institutions; Outstanding Indebtedness

Upon the acceptance of Snead Junior College as a state educational institution as provided in Section 16-60-150, the college shall be operated, managed, controlled, maintained and regulated thereafter as other like institutions.

The state shall not incur any indebtedness by acquisition of the college and any debt of the college outstanding at the date of acquisition shall not be a debt of the State of Alabama but shall be payable solely from the revenues of the college and appropriations made for the support and maintenance thereof.

(Acts 1967, No. 260, p. 740, §2.)

§ 16-60-152 Advisory Board

There shall be established a Snead Junior College Advisory Board, to consist of not more than nine citizens who are members of the college community, appointed by the State Superintendent of Education, upon nomination and recommendation of the president of the college. The advisory board shall promote and serve the best interests of the institution in every way not inconsistent with the Alabama Trade School and Junior College Authority Act.

(Acts 1967, No. 260, p. 740, §3.)

Article 8 Trade School at Frank Lee Youth Center

§ 16-60-170 Authorization to Maintain School

The Alabama State Board of Education in cooperation with the Alabama Board of Corrections shall maintain the established trade school adjacent to the Frank Lee Youth Center in Elmore County. This school shall give priority to training adult inmates in all state correctional institutions in Montgomery and Elmore Counties in useful occupations and prepare them to take their place as useful citizens in our society.

(Acts 1965, 1st Ex. Sess., No. 110, p. 159, §1; Acts 1977, No. 603, p. 808, §1; Act 2015-123, §1.)

§ 16-60-171 Construction and Maintenance Generally; Equipment, Supplies and Materials; Teachers and Instructors; Enrollment

The school established under this article shall be constructed, leased, equipped, improved, enlarged and maintained by the Board of Education of the State of Alabama. The State Board of Education shall provide the equipment, supplies and materials for the operation of such trade school and shall staff the same with adequate teachers and instructors. The enrollment shall be selected by the Board of Corrections, with the approval of the State Board of Education.

(Acts 1965, 1st Ex. Sess., No. 110, p. 159, §2; Acts 1977, No. 603, p. 808, §1.)

§ 16-60-172 Funds for Construction of Buildings and Preparation of Building Sites; Supervision of Construction

For the purpose of constructing buildings and preparing building sites for the trade or technical school provided for by this article, there is hereby authorized the use of any bond issues, appropriations, grants, gifts or any other funds which may be made available to the board of education from any source whatsoever. All buildings to be constructed for the purpose of providing the physical facilities for such trade school shall be under the supervision and direction of the Building Commission, or any agency designated by the Legislature as its successor, and no funds shall be expended for such purpose without approval of the Building Commission.

(Acts 1965, 1st Ex. Sess., No. 110, p. 159, §3; Acts 1977, No. 603, p. 808, §1.)

§ 16-60-173 Transfer of Property and Buildings Thereon to Board of Education; Reversion of Property and Buildings to Board of Corrections

(a) The property described in this subsection and all buildings thereon shall be transferred to the State Board of Education. The land description is as follows:

In Elmore County, beginning at the NE corner of the W 1/2 of the SW 1/4 of S. 32, T 19, R 17 and thence West 637.5 feet; thence South 385 feet; proceeding from that point East 500 feet; from that point East 551 feet; from that point 530 feet to the point of beginning.

(b) The State Board of Education and the state Board of Corrections shall proceed forthwith to transfer the property and buildings thereon as described in subsection (a) of this section. In the event this school ceases to give priority to the training of inmates, all of the property and buildings thereon as described in subsection (a) of this section shall revert to the Board of Corrections of the State of Alabama.

(Acts 1965, 1st Ex. Sess., No. 110, p. 159, §4; Acts 1977, No. 603, p. 808, §1.)

Article 9 Regional Vocational and Trade Schools Act

§ 16-60-190 Short Title

This article shall be known as the Regional Vocational and Trade Schools Act.

(Acts 1947, No. 673, p. 514, §6.)

§ 16-60-191 State Board of Education Authorized to Establish and Maintain Regional Trade Schools

The State Board of Education shall establish and maintain regional trade schools for the purpose of training young men and women in useful occupations and in the arts and sciences. The State Board of Education shall have authority to purchase or lease buildings, land, equipment, machinery and supplies necessary for the teaching of trade courses. The State Board of Education is authorized and whenever possible is directed to negotiate leases or purchases with the war assets administration or other agencies of the United States for the lease or purchase of suitable facilities, equipment, machinery and supplies.

(Acts 1947, No. 673, p. 514, §1.)

§ 16-60-192 When Schools to Be Established; Supervision of State Building Commission

At least one school, which shall be similar to the Alabama School of Trades at Gadsden, shall be established, or the construction thereof commenced, during each of the fiscal years 1947-48, 1948-49, 1949-50 and 1950-51. Any construction shall be under the supervision of the state Building Commission, subject to the provisions of Section 16-60-193.

(Acts 1947, No. 673, p. 514, §2.)

§ 16-60-193 Location of Schools; Order of Establishment; Expenditure of Appropriation; Trade School in Limestone County

The State Board of Education, upon the recommendation of the State Superintendent of Education, shall designate the site for each of the trade schools and determine the order in which the schools shall be established. The board must devote the entire appropriation herein made for each fiscal year to the establishment of the school required to be established during that year; except that, of the appropriation for each year, $75,000.00 thereof shall be reserved as a fund for operating and maintaining such school. Each school shall be located in a different section of the state and so situated that every part of the state is within as close a radius as is reasonably possible to one of the schools of the Alabama School of Trades at Gadsden. No more than one trade school shall be located in a single congressional district; provided, that the trade school now located in Limestone County, Alabama and owned by the city board of education, Decatur, Alabama, shall, when its support by the federal government is terminated and the school has been conveyed to the State of Alabama, be considered an additional or fifth trade school under the operation of this article, and an additional sum of $75,000.00 per year is hereby appropriated from the Education Trust Fund for the maintenance of said school, the said yearly appropriation to commence upon the termination of federal government support of said school and the conveyance of the same by the city board of education, Decatur, Alabama to the State of Alabama.

(Acts 1947, No. 673, p. 514, §3.)

§ 16-60-194 Management and Control; Powers and Duties of State Board of Education; Schools to Be Suitable for Veteran Training Programs; Leaves of Absence for Teachers

(a) The authority to manage and control the trade schools is vested in the State Board of Education.

(b) The State Board of Education, upon the recommendation of the State Superintendent of Education, shall: Make rules and regulations for the government of the trade schools; prescribe the courses of study to be offered and the conditions for granting certificates and diplomas; appoint the president of each trade school and, upon the president’s recommendations, appoint the members of the faculty and fix the tenure and salary of each; direct and supervise the use of legislative appropriations for the use of the trade schools; accept gifts, donations, devises and bequests of money and real and personal property for the purposes of this chapter; disseminate information concerning and promote interest in the trade schools among the pupils of the public schools; and provide a means whereby students may earn, if necessary, all or a portion of their tuition, board and lodging.

(c) The trade schools shall be managed and conducted in such a manner so as to be accredited as suitable institutions for veteran vocational and rehabilitation training programs sponsored by the United States.

(d) Members of the faculty of any such trade school may be paid for absences during the time such schools are in session, in the discretion of the State Board of Education, where such absence results from sickness or some other unavoidable cause which prevents the teacher from discharging his or her duties. Such leaves of absence shall be granted subject to rules and regulations duly promulgated and adopted by said board; provided, that payment for such absences caused by sickness shall be in accord with the provisions of law governing sick leave for teachers and other employees of city and county boards of education in the State of Alabama as provided in Section 16-12-21 and pay for such absences resulting from unavoidable causes other than sickness shall not be allowed for a total of more than one week during any one year.

(Acts 1947, No. 673, p. 514, §4; Acts 1959, 2nd Ex. Sess., No. 103, p. 321, §1; Acts 1969, No. 758, p. 1337, §1.)

§ 16-60-195 Advisory Councils

The advisory councils for the state vocational trade schools shall each consist of not less than four nor more than nine members appointed by the Governor upon the recommendation of the State Superintendent of Education. The Governor shall designate one member as chairman. The members of the councils shall serve for terms of one year and shall be eligible for reappointment. The membership of each advisory council shall reflect, as nearly as possible, an equal representation of employer and employee groups or organizations. The councils shall serve in an advisory capacity to the directors of the state vocational trade schools and to the State Board of Education in promoting the interests of the individual schools and the development of the regional trade school program.

(Acts 1953, No. 889, p. 1197, § 1.)

§ 16-60-196 County Appropriations for Support of Vocational Trade Schools

The county commission of any county in the state may make appropriations of county funds to support any vocational trade school or similar institution of this state in which residents of the county or dependents of such residents are enrolled as students or are entitled to be so enrolled.

(Acts 1961, Ex. Sess., No. 179, p. 2153, § 1.)

§ 16-60-197 Additional Vocational Trade Schools Authorized

The State Board of Education is hereby authorized, empowered and directed to establish and provide for the construction of three new vocational trade schools in this state in addition to the trade schools heretofore provided by law, to be located at such places as will make such schools conveniently accessible to all areas of Alabama. The cost of constructing such schools shall be paid out of the proceeds realized from any bonds issued and sold by the State Board of Education or any other authority of this state for the purpose of financing the construction of public school buildings or from any other funds made available for the construction of trade schools. The first $750,000.00 made available for expenditure on trade schools through the issuance and sale of bonds shall be allocated to the State Board of Education for the purpose of acquiring land, constructing buildings, reconstructing, altering and improving existing buildings and building facilities, including the renewal and replacement of structural parts and for the procurement of equipment for the buildings so constructed, reconstructed or improved at the Decatur Trade School.

The new trade schools to be constructed and established pursuant to this section shall be maintained and operated in accordance with the provisions of this article.

(Acts 1955, No. 401, p. 940, §§ 1, 2.)

§ 16-60-198 Alabama Institute of Aviation Technology at Ozark to Be Operated as Additional Vocational Trade School

Upon the transfer and conveyance of the Alabama Institute of Aviation Technology at Ozark to the State of Alabama by the Ozark City Board of Education, the State Board of Education is hereby authorized, directed and required to provide for the operation and maintenance of said Alabama Institute of Aviation Technology as an additional vocational trade school in accordance with the provisions of this article.

The State Board of Education may make such contracts, agreements, rules and regulations as may be necessary for carrying out the provisions of this section. After the establishment of the trade school herein provided for, the State Board of Education or any other state authority may expend for the operation, maintenance and capital improvements at such institution any funds which are made available to the board or other authority for the operation, maintenance and capital improvements at trade schools in this state.

(Acts 1963, No. 289, p. 733, §§ 1, 2.)

Article 10 Alabama School of Trades

§ 16-60-210 Location

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(School Code 1927, §481; Code 1940, T. 52, §442.)

§ 16-60-211 Corporate Powers

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(School Code 1927, §482; Code 1940, T. 52, §443; Acts 1951, No. 324, p. 615, §1.)

§ 16-60-212 Corporate Seal

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(School Code 1927, §483; Code 1940, T. 52, §444.)

§ 16-60-213 Board of Trustees - Established; Composition; Appointment; Terms of Office

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1947, No. 280, p. 138, §1.)

§ 16-60-214 Board of Trustees - Meetings; Compensation and Expenses

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1947, No. 280, p. 138, §2.)

§ 16-60-215 Board of Trustees - Powers and Duties

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(Acts 1947, No. 280, p. 138, §3.)

§ 16-60-216 Board of Control

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(School Code 1927, §484; Code 1940, T. 52, §445.)

§ 16-60-217 Donations May Be Accepted

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(School Code 1927, §487; Code 1940, T. 52, §447.)

§ 16-60-218 Training of Students

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(School Code 1927, §488; Code 1940, T. 52, §448.)

§ 16-60-219 Rules and Regulations for Control of School

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(School Code 1927, §489; Code 1940, T. 52, §449.)

§ 16-60-220 Records to Be Preserved

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(School Code 1927, §491; Code 1940, T. 52, §450.)

§ 16-60-221 Course of Study

[Repealed]

Repealed by Act 2015-70 effective April 21, 2015.

(School Code 1927, §492; Code 1940, T. 52, §451.)

Article 11 Displaced Homemakers Programs

§ 16-60-240 “Displaced Homemaker” Defined

As used in this article, the term “displaced homemaker” shall have the following meaning unless the context clearly indicates otherwise:

An individual who:

(1) Has worked in the home for a substantial number of years providing unpaid household services for family members;

(2) Is unemployed or underemployed;

(3) Has had or reasonably is expected to have difficulty in securing employment; and

(4) Has been dependent on the income of another family member, but is no longer supported by such income, or has been dependent on government assistance, but is no longer eligible for such assistance, or is supported by benefits of the Aid to Families with Dependent Children Program.

(Acts 1984, No. 84-380, p. 888, §1.)

§ 16-60-241 Chancellor to Establish Multipurpose Programs to Provide Services

The Chancellor of Postsecondary Education is hereby authorized to establish multipurpose programs at designated two-year institutions to provide the necessary training, counseling and services to enable displaced homemakers to experience economic security vital to productive lives.

(Acts 1984, No. 84-380, p. 888, §2.)

§ 16-60-242 Appointment of Director of Programs; Contents of Programs

(a) The Chancellor of Postsecondary Education may appoint a director of displaced homemakers programs to conduct, or cause to be conducted, programs to assist displaced homemakers at such two-year institutions as the Chancellor may approve through a request for proposal process.

(b) Programs to assist displaced homemakers may include:

(1) Job counseling services which are specifically designed for displaced homemakers who may be entering the job market for the first time or who may be reentering the job market after a number of years as a homemaker;

(2) Job training and job placement services which shall be developed by working with federal, state, and local government agencies and the private sector;

(3) Assistance in gaining admission to existing public and private job training programs and opportunities;

(4) Assistance in identifying community needs and in creating new jobs for displaced homemakers in the public and private sectors;

(5) Health education and counseling services in cooperation with existing health programs with respect to general principles of preventive health care, family health care and nutrition, alcohol and drug addiction, and health care consumer education;

(6) Financial management services which provide information and assistance with respect to insurance, taxes, estate and probate problems, mortgages, loans, and other related financial matters;

(7) Educational services, which shall include outreach and information about courses offering credit through secondary or postsecondary education programs and information about such other programs which are determined to be of interest and benefit to displaced homemakers by the Chancellor;

(8) Referral of displaced homemakers to the appropriate private and public agencies for advice and assistance on health care, financial matters, educational opportunities, public assistance, and legal problems and on such other matters as shall be determined to be of interest and benefit to displaced homemakers; and

(9) Traditional and nontraditional occupational skill training.

(Acts 1984, No. 84-380, p. 888, §3.)

§ 16-60-243 Annual Report to Chancellor

If a director of displaced homemakers programs is appointed, he shall report annually to the Chancellor of Postsecondary Education on the effectiveness of the programs including the effectiveness of job training programs, placement, and other services rendered to displaced homemakers, the number of persons placed in employment, the number of displaced homemakers served under the various programs, and the cost effectiveness of the various components of the program.

(Acts 1984, No. 84-380, p. 888, §4.)

Article 12 Alabama Mining Academy

§ 16-60-260 Establishment; Location; Purpose

There is hereby created and established the Alabama Mining Academy which shall be located at Walker State Technical College in Walker County, Alabama. The Alabama Mining Academy shall be maintained as an agency of Walker State Technical College. The academy shall be the agency that assists in the mine safety and health training of Alabama miners. The purpose and function of this academy shall be to cooperate with and provide assistance to the mining industry of the state in developing effective mine health and safety programs and to improve and expand research and development and training programs aimed at developing a safer, more productive coal industry for the State of Alabama.

(Acts 1985, No. 85-760, p. 1269, §1.)

§ 16-60-261 Authority; Use of Facilities and Personnel of Walker State Technical College

(a) The academy shall have the authority to enter into cooperative educational and training agreements with educational institutions, state governments, labor organizations, mine operators and related industries. Such training shall be conducted by the academy in accordance with curriculum needs and assignment of instructional personnel established by the user.

(b) The Alabama Mining Academy shall use the facilities and personnel of Walker State Technical College. The president of Walker State Technical College may appoint or assign to the academy such personnel as he deems necessary for the performance of the duties and functions of the academy.

(c) The President of Walker State Technical College is authorized to enter into contractual or other agreements for the performance of such safety-related research.

(d) Walker State Technical College shall be authorized to procure mining equipment and other articles that said institution deems necessary for the preservation of Alabama’s mining history.

(Acts 1985, No. 85-760, p. 1269, §2.)

§ 16-60-262 Programs for Education and Training of Miners and Mining Operations Agents

The Alabama Mining Academy shall expand programs for the education and training of operations and agents thereof and miners in:

(1) The recognition, avoidance, and prevention of accidents, unsafe or unhealthful working conditions in coal or other mines; and

(2) In the use of flame safety lamps, permissible methane detectors, and other means approved by the Mine Safety and Health Administration (MSHA) for detecting methane and other explosive gases accurately.

(Acts 1985, No. 85-760, p. 1269, §3.)

§ 16-60-263 Academy to Provide Technical Assistance in Meeting Mine Safety and Health Laws

The Alabama Mining Academy shall, to the greatest extent possible, provide technical assistance to operators in meeting the requirements of the Federal Mine Safety and Health Act of 1977, the Alabama coal mining laws in further improving the health and safety conditions and practices in coal and other mines.

(Acts 1985, No. 85-760, p. 1269, §4.)

§ 16-60-264 Academy to Conduct Studies, Research, Demonstrations

The Alabama Mining Academy shall conduct such studies, research, experiments, and demonstrations as may be appropriate:

(1) To improve working conditions and practices in coal or other mines, and to prevent accidents and occupational diseases originating in the coal or other mining industry;

(2) To prepare and publish from time to time, reports on new, innovative approaches to safer, more productive mining techniques;

(3) To develop improved means or methods of training maintenance personnel;

(4) To develop and continually upgrade programs for the safety awareness training of Alabama miners;

(5) To develop and maintain state-of-the-art training for electrical personnel;

(6) To maintain and train two fully equipped well-trained mine rescue teams;

(7) To develop techniques for the prevention and control of roof falls; and

(8) To develop new or improved means and methods of mine ventilation.

(Acts 1985, No. 85-760, p. 1269, §5.)

Article 13 Gadsden State Community College

§ 16-60-270 Merger of Institutions; College Designated and Named

The educational institution resulting from the merger of Gadsden State Junior College, Gadsden State Technical Institute and Alabama Technical College in Gadsden, Alabama, shall be named and designated as Gadsden State Community College.

(Acts 1986, No. 86-208, p. 274, §1.)

Article 14 Wallace State Community College

§ 16-60-280 Physical Therapist Program; Funding

There shall be established a physical therapist assistant program at Wallace State Community College in Hanceville, Alabama. Funding for the program shall be allotted to the college based on distribution of appropriations of the Education Trust Fund in the same manner being distributed to all colleges of the Alabama college system and in accordance with funding for all major allied health courses.

(Acts 1990, No. 90-565, p. 963, § 1.)

Article 15 Community Outreach Partneship at Jefferson State Community College

§ 16-60-300 Incorporation Authorized

The President of Jefferson State Community College, the Presiding Chair of the State House of Representatives Legislative Delegation of Jefferson County, and the Chair of the State Senate Legislative Delegation of Jefferson County may become a corporation with the power and authority hereinafter provided by proceeding according to this article. This corporation shall be known as the Community Outreach Partnership Center at Jefferson State Community College.

(Act 2001-501, p. 880, §1.)

§ 16-60-301 Application for Incorporation

(a) To become a corporation, the President of Jefferson State Community College, the Presiding Chair of the State House of Representatives Legislative Delegation of Jefferson County, and the Chair of the State Senate Legislative Delegation of Jefferson County shall present to the Secretary of State of Alabama an application signed by them which shall set forth all of the following:

(1) The name, official designation, and official residence of each of the applicants.

(2) The name of the proposed corporation.

(3) The location of the principal office of the corporation.

(4) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this article or the laws of the State of Alabama.

(b) The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of this state to take acknowledgments to deeds.

(c) The Secretary of State shall examine the application and if the Secretary of State finds that it substantially complies with the requirements of this article and other applicable laws, the Secretary of State shall receive and file it and record it in the appropriate book of records in the office of the Secretary of State.

(Act 2001-501, p. 880, §2.)

§ 16-60-302 Certificate of Incorporation

(a) When the application has been made, filed, and recorded as provided in this article, the applicants shall constitute a corporation under the name of the Community Outreach Partnership Center at Jefferson State Community College.

(b) The Secretary of State shall make and issue to the applicants a certificate of incorporation, under the Great Seal of the State, and shall record the certificate with the application.

(c) No fees shall be paid to the Secretary of State for any work in connection with the incorporation of the corporation, which is hereinafter sometimes referred to as “the center.”

(Act 2001-501, p. 880, §3.)

§ 16-60-303 Appointment of Board of Directors

(a) The Community Outreach Partnership Center shall initially be governed by a five-member board of directors.

(b) The initial Board of Directors of the Community Outreach Partnership Center shall be as follows:

(1) The President of Jefferson State Community College (Place One).

(2) Two members (Place Two and Place Five) initially selected by the State House of Representatives Legislative Delegation of Jefferson County.

(3) Two members (Place Three and Place Four) initially selected by the State Senate Legislative Delegation of Jefferson County.

(c) The terms of the initial board shall be staggered as follows:

(1) Place Two: Five years.

(2) Place Three: Four years.

(3) Place Four: Three years.

(4) Place Five: Two years.

(d) With the exception of Place One and subject to the limitations set out in Section 16-60-304, members succeeding the initial board members in Places Two to Five, inclusive, shall serve a six-year term. Members may serve an unlimited number of consecutive terms.

(e)(1) When the term of any member of the board in Places Two to Five, inclusive, expires, the remaining members of the board shall elect a successor.

(2) When the term of a board member holding an expanded board position, as provided in subsection (f) expires, the board may appoint another person to that position for such term as the board designates, but not to exceed six years.

(f) After the initial board is selected and functioning for a period of one year, the board may expand its membership to as many as 15 members. These additional members shall be appointed by the board and may serve terms of up to six years as designated by the board.

(g) Place One shall be reserved for the President of Jefferson State Community College, or the designee of the president, and shall have an indefinite term. A designee shall serve at the pleasure of the president.

(h) The appointment, removal, and designation of terms of office of board members shall be by majority vote of the board by public ballot.

(Act 2001-501, p. 880, §4.)

§ 16-60-304 Removal of Board of Directors; Vacancies

(a) A member of the board of directors, other than a member holding Place One, may be removed for cause by a vote of the board.

(b) Any member of the board may resign by giving written notice of resignation to the board, which shall become effective upon delivery unless the notice specifies an alternative date.

(c)(1) If there is a vacancy on the board in Places Two to Five, inclusive, due to removal, resignation, or other reason, the remaining members of the board shall elect a successor to serve the remainder of the term of the vacating member.

(2) If there is a vacancy on the board of a member holding an expanded board position, as provided in subsection (f) of Section 16-60-303, the board, by majority vote, may appoint another person to that position for such term as the board designates, not to exceed six years.

(d) If the President of Jefferson State Community College names a designee to serve in Place One, and that designee vacates that position, the president shall serve in that position, or the president may designate another person to so serve as provided in subsection (g) of Section 16-60-303.

(Act 2001-501, p. 880, §5.)

§ 16-60-305 Purpose of the Center

The purpose of the center is to promote the community that the center serves through funding of programs in all of the following areas:

(1) Housing.

(2) Economic development.

(3) Neighborhood revitalization.

(4) Infrastructure.

(5) Health care.

(6) Job training.

(7) Education.

(8) Crime prevention.

(9) Community planning.

(10) Recreation.

(11) Day care.

(Act 2001-501, p. 880, §6.)

§ 16-60-306 Power of the Center

The center shall have all of the following powers:

(1) To have succession by its corporate name in perpetuity.

(2) To sue and be sued and to prosecute and defend in any court having jurisdiction of the subject matter and of the parties thereto.

(3) To adopt and use a corporate seal and to alter the seal at pleasure.

(4) To adopt and amend bylaws.

(5) To execute contracts and other necessary documents.

(6) To acquire by gift, grant, purchase, or otherwise, and to hold title to real or personal property, or both, together with all rights incidental thereto.

(7) To solicit and accept devises, bequests, grants, and donations.

(8) To promulgate rules and regulations.

(9) To have all other powers necessary or desirable to accomplish its corporate purpose.

(Act 2001-501, p. 880, §7.)

§ 16-60-307 Acceptance of Appropriations, Gifts, and Grants; Legislative Appropriations

(a) The center may seek and accept gifts, devises, grants, or bequests and hold or expend the same to carry out this article. The center may accept appropriations or grants from the federal government, the state, any county, or any municipality, and the center may hold or expend the same to carry out this article.

(b) The Legislature may, from time to time, appropriate state funds to the center.

(Act 2001-501, p. 880, §8.)

§ 16-60-308 Responsibilities of the Board

The responsibilities of the board shall include all of the following:

(1) Evaluate grant proposals based on the purpose shown in Section 16-60-305.

(2) Monitor and ensure that expenditures of grant funds are in accordance with the associated grant proposal, this article, and relevant state laws.

(3) Upon finding that such grant expenditures are not in accordance with the aforementioned conditions, suspend the release of further grant funds and take action to recover the improperly expended grant funds.

(4) Design and distribute its grant proposal instrument.

(5) Maintain up-to-date records of all grants that are currently in effect.

(6) Maintain records, for a period of three full years, of all completed grants and grant proposals that were denied.

(7) Promulgate necessary reasonable rules to implement and enforce this article.

(Act 2001-501, p. 880, §9.)

§ 16-60-309 Disbursement of State Funds through Grant Procedure

(a) The center shall evaluate grant proposals based on all of the following criteria:

(1) The relevance of such proposal to the purpose for which such grants are made, as stated in Section 16-60-305.

(2) The extent to which such grant proposal advances the program objectives of the center.

(3) The ability of the grant recipient to fulfill the objectives of the grant proposal.

(4) The extent to which the grant proposal can benefit the greatest number of citizens.

(b) Any payment from the center to Jefferson State Community College for administrative services related to a direct state or local appropriation to the center may not exceed 10 percent of that appropriation.

(Act 2001-501, p. 880, §10.)

§ 16-60-310 Report of the Examiner of Public Accounts

The Department of the Examiners of Public Accounts shall perform a yearly audit of all public monies received by the center and shall provide a copy of the audit to the Presiding Chair of the State House of Representatives Legislative Delegation of Jefferson County and the Chair of the State Senate Legislative Delegation of Jefferson County by the fifth legislative day of each regular session of the Legislature.

(Act 2001-501, p. 880, §11.)

§ 16-60-311 Exemptions from Taxation

(a) All assets and properties of the center, the income therefrom, and all other income of the center are exempt from any form of taxation in the State of Alabama whether imposed by the state, a county, or a municipality.

(b) All gifts, grants, devises, and bequests to the center by individuals, associations, corporations, and other business entities are exempt from all county and municipal taxes, and are deductible from state income taxes in accordance with Section 40-18-15 and other applicable law.

(Act 2001-501, p. 880, §12.)

§ 16-60-312 Nonprofit and Public Nature of the Center

It is the intent of this article that the center be a nonprofit public corporation. No part of the net earnings of the center shall inure to the benefit of any private individual, firm, or corporation.

(Act 2001-501, p. 880, §13.)

Article 16 Marion Military Institute

§ 16-60-330 Legislative Intent

It is the intent of the Legislature to establish the Marion Military Institute under the supervision of the Alabama State Board of Education and the Chancellor of the Department of Postsecondary Education.

(Act 2006-230, p. 414, §1.)

§ 16-60-331 Definitions

For the purpose of this article, the following words shall have the respective meanings ascribed by this section unless the context clearly indicates otherwise:

(1) BOARD OF TRUSTEES. Advisory board of trustees for the Marion Military Institute.

(2) CHANCELLOR. Chancellor of the Department of Postsecondary Education.

(3) INSTITUTE. The Marion Military Institute.

(4) PRESIDENT. The chief administrator of the institute.

(Act 2006-230, p. 414, §2.)

§ 16-60-332 Confirmation as State College; Transfer of Assets and Liabilities; Governance; Reversion of Assets; Facility Names

(a)(1) The Marion Military Institute is confirmed as a state college. All lands, facilities, assets, and proceeds from these lands, facilities, and assets, hereafter are property of the state and all liabilities, obligations, and responsibilities of the institute become those of the Alabama State Board of Education.

(2) All endowments and historical documents shall remain the property of the board of trustees to be used for educational purposes as determined by the board.

(b) Due to the unique governance inherent in the military structure of the institute, the institute shall operate under the control, management, and direction of the Alabama State Board of Education and the Chancellor. The administration of the institute shall be by the president, who shall report and be responsible to the Chancellor and the Alabama State Board of Education concerning the operation and maintenance of the institute.

(c) Should the Alabama State Board of Education decide to discontinue the institute as a military educational college, all lands, facilities, and assets shall revert to the board of trustees.

(d) Facilities previously named for alumni, donors, former trustees, or administrators shall retain present names unless the board of trustees recommends and the Alabama State Board of Education agrees to change the name of the facility. Facility naming in the future shall be approved in the same manner.

(Act 2006-230, p. 414, §3.)

§ 16-60-333 Employment of Military Model in Structure and Purpose; Management of Library Archives, Etc.; Student Life and Military Regimen

(a) The institute shall remain a military college dedicated to developing, guiding, and molding men and women of character with strong personal values. The institute shall employ a military model that is particularly adept at providing structure and developing organizational skills, time management skills, self-discipline, judgment, and leadership skills.

(b) The institute shall develop leaders for the military services and National Guard as well as civilian leaders for the State of Alabama. The development of civilian leaders shall focus on preparation to serve and lead in the government, business world, communities, medical field, law, and other essential pursuits. All cadets shall benefit from exposure to the military sciences, the arts, and proper social habits and manners. Additionally, cadets shall be subject to military discipline, guard duty, close order drill, parades, and a demanding physical regimen.

(c) Cadets shall remain under the close mentorship of faculty and former military officers who shall ensure obedience to the rules and regulations of the institute while cadets are developed in a wholistic way.

(d) All cadets shall wear the prescribed military uniform in keeping with the customs and traditions of the institute.

(e) Library archives, artifacts, and endowments shall remain with the institute and shall be managed by the board of trustees.

(f) Student life at the institute shall remain rigorous and challenging, and the virtues of whole person development shall be imbedded in the curriculum, military, and co-curricular programs. The president may impose reasonable disciplinary sanctions to include the authority to suspend, dismiss, and expel students for infractions inconsistent with good order and discipline and the values of the institute.

(g) Due to the unique and demanding requirements of the military regimen, admissions policies will be developed by the president with the counsel of the board of trustees and approved by the Chancellor.

(Act 2006-230, p. 414, §4.)

§ 16-60-334 Location; Military Programs and Curricula Retained

(a) The institute shall be located in Marion, Alabama.

(b) The Chancellor shall not fundamentally alter or change the military programs or curricula such that the values-based education inherent in the military model is lost or weakened.

(Act 2006-230, p. 414, §5.)

§ 16-60-335 Board of Trustees - Role in Administration and Governance; Composition; Terms; Operation

(a) The board of trustees and its chair shall offer advice to the president and Chancellor with respect to the administration and governance of the institute.

(b) The board shall be composed of no more than 21 citizens of good standing who are alumni of the institute, are or have been members of the United States armed services, or persons of strong character who have the means, judgment, or influence to facilitate the growth and prestige of the institute. Pursuant to a previous lawsuit settlement, the board shall forever retain three residents of Perry County plus one additional from Perry County or any one of the adjoining counties of Bibb, Chilton, Dallas, Hale, or Marengo. The members of the previous board of the Marion Military Institute shall remain members of this board of trustees and shall continue to serve until the expiration of their terms. It shall be the goal of the board to attain 25 percent minority membership.

(c) As terms of members of the board of trustees expire, the board shall recommend to the Chancellor, for appointment by the Alabama State Board of Education, qualified persons for appointment or reappointment to the board. The term for board members shall be three years. Members who have served four full consecutive terms shall not be reappointed to the board until one year has elapsed from the date of their last service.

(d) A majority of actively serving board members, as determined by the chair, shall constitute a quorum for the transaction of business. Official actions of the board require a majority of members present and voting.

(Act 2006-230, p. 414, §6.)

§ 16-60-336 Board of Trustees - Powers and Duties

The board of trustees may do each of the following:

(1) Seek and accept donations, bequests, and other forms of financial assistance from any public or private sector person, foundation, or agency and comply with rules and regulations governing grants from the federal government or from any other person, foundation, or agency, which are not in contravention of the state constitution. Fund-raising shall be under the purview of the board of trustees and the president. Expenditures of contributions shall be consistent with the desires of the donor where applicable and the needs of the institute as mutually agreed upon between the board and the president. The Chancellor shall be consulted relative to the expenditure of significant endowment funds especially with respect to capital projects.

(2) Oversee endowed funds to include establishment of policy and selection of fund managers.

(3) Recommend the adoption, amendment, and repeal of policies to ensure the good order and discipline of the institute.

(4) Ensure the security and preservation of all artifacts and archives of the institute.

(Act 2006-230, p. 414, §7.)

§ 16-60-337 Student Admittance; Programs Required

(a) The institute shall admit students who have successfully graduated from an accredited high school with a diploma or obtained its equivalent and who have demonstrated potential for future leadership and the institute shall develop this potential to help support the leadership needs of the State of Alabama and the nation. The institute shall retain its tradition of rigorous academics supplemented by a demanding military and physical training regimen that precludes admittance of students with significant academic deficiencies, a history of drug/alcohol abuse, behavioral or emotional issues, and/or the need for significant accommodations.

(b) The institute shall offer athletic programs, music, drama, art, and co-curricular programs that contribute to the well-rounded graduate.

(Act 2006-230, p. 414, §8.)

§ 16-60-338 Funding

The institute shall be funded by legislative appropriation to the Alabama State Board of Education - Two Year College System.

(Act 2006-230, p. 414, §9.)

§ 16-60-339 Enrollment

It is the intent of the Legislature that Marion Military Institute shall be allowed to honor its commitment to all students enrolled in any program as of March 13, 2006. No student who is below the college level shall be enrolled after March 13, 2006.

(Act 2006-230, p. 414, §10.)

Article 17 Career-Technical Dual Enrollment Program

§ 16-60-350 Definitions

For the purposes of this article, the following words shall have the following meanings:

(1) CAREER-TECHNICAL DUAL ENROLLMENT PROGRAM. A program that allows eligible high school students to enroll in college-level career technical education courses, as designed by the Chancellor of the Department of Postsecondary Education, that are offered at Alabama Community College System institutions and allows such enrolled students to concurrently earn high school and college credit in courses toward a certificate or degree, or both, and which prepares them to enter the workforce in high skill, high wage, or high demand occupations.

(2) CONTRIBUTION. A donation of cash.

(3) ELIGIBLE STUDENT. A high school student who meets the eligibility requirements and standards as prescribed by State Board of Education policy to enroll for Career-Technical Dual Enrollment Program courses.

(4) QUALIFYING EDUCATIONAL EXPENSES. Tuition, fees, books, materials, and supplies required of or on behalf of a student by the Alabama Community College System institution or institutions for participation in a Career-Technical Dual Enrollment Program.

(5) TAXPAYER. An individual taxpayer, a married couple filing a joint tax return, a limited liability company, a corporation, or any other business entity lawfully organized and created under the laws of this state or other state.

(Act 2014-147, p. 422, §1.)

§ 16-60-351 Credit for Qualifying Education Expenses

(a)(1) For tax years commencing January 1, 2015, and thereafter, a taxpayer who files a state income tax return and is not a dependent of another taxpayer may claim a tax credit for a contribution made to the Department of Postsecondary Education for qualifying educational expenses directly associated with the Career-Technical Dual Enrollment Program as defined by State Board of Education policy.

(2) The tax credit may be claimed by the taxpayer in an amount equal to 50 percent of the total contribution or contributions made to the Department of Postsecondary Education during the taxable year for which the credit is claimed, but such credit is not to exceed an amount greater than 50 percent of the taxpayer’s total Alabama income tax liability, and in no case more than five hundred thousand dollars ($500,000) for any given tax year.

(3) The cumulative amount of tax credits issued pursuant this article shall not exceed five million dollars ($5,000,000) annually. The Department of Revenue, in conjunction with the Department of Postsecondary Education, shall develop procedures to ensure that this cap is not exceeded, shall also prescribe the various methods by which these credits are to be issued, and shall develop procedures to notify taxpayers at such points in time when the five million dollar ($5,000,000) annual limitation has been reached for the tax credit pursuant to this article.

(4) A taxpayer may carry forward all or part of a tax credit granted to the taxpayer under this article for a period of up to three years.

(b)(1) The Department of Revenue shall adopt rules and procedures consistent with this section as necessary to implement the provisions of this article.

(2) The Department of Revenue shall provide a standardized format for a receipt to be issued by the Department of Postsecondary Education to a taxpayer to indicate the value of a contribution received. The Department of Revenue shall require the taxpayer to provide a copy of the receipt when claiming the tax credit pursuant to this article.

(c) The tax credit provided in this section may be first claimed for the 2015 tax year and may not be claimed for any tax year prior to the 2015 tax year.

(Act 2014-147, p. 422, §2.)

§ 16-60-352 Documentation

(a) The Department of Revenue may require a taxpayer to submit copies of receipts or other similar financial documentation with the taxpayer’s state income tax return as necessary to confirm eligibility for the tax credit.

(b) The Department of Revenue shall promulgate rules and develop any tax forms, directions, and worksheets as necessary to effectuate the intent of this article.

(Act 2014-147, p. 422, §3.)

§ 16-60-353 Reports

(a) The Commissioner of Revenue shall annually report the total amount of tax credits claimed and authorized pursuant to this article, on or before the fifteenth day of each regular session, to the Director of Finance, the Chair of the House Ways and Means Education Committee, and the Chair of the Senate Finance and Taxation Education Committee.

(b) The Department of Postsecondary Education shall include in its regular quarterly report amounts expended for qualifying educational expenses pursuant to this article to the Director of Finance, the Chair of the House Ways and Means Education Committee, and the Chair of the Senate Finance and Taxation Education Committee.

(Act 2014-147, p. 422, §4.)

§ 16-60-354 Administration of Career-Technical Dual Enrollment Program; Allocation of Funds

(a) The Department of Postsecondary Education shall be responsible for administering the Career-Technical Dual Enrollment Program, for promulgating rules necessary for the department to implement the provisions of this article, and for allocating or disbursing the funds made available by this article for qualifying educational expenses. However, the Department of Postsecondary Education may annually allocate up to two hundred thousand dollars ($200,000) of the funds received pursuant to this article for qualifying educational expenses for administrative costs directly associated with implementing the provisions of this article.

(b) The Department of Postsecondary Education shall work with business and industry partners, the Alabama Workforce Training Council, the Alabama Community College System, and the Regional Workforce Development Councils to ensure that the funds received pursuant to this article are allocated in a manner consistent with addressing the identified needs in each workforce region regarding the Career-Technical Dual Enrollment Program.

(c) Notwithstanding any other provision of this article, a taxpayer that makes a contribution toward qualifying educational expenses for the Career-Technical Dual Enrollment Program may direct that up to 80 percent of the taxpayer’s contribution be allocated by the Department of Postsecondary Education to specific career technical programs or courses at a particular Alabama Community College System institution. The remaining or otherwise undirected portion of any such contribution shall be allocated or disbursed by the Department of Postsecondary Education pursuant to the provisions of this article.

(d) Any portion of funds from contributions received pursuant to this article during a tax year and remaining unallocated at the end of that tax year may be used by the Department of Postsecondary Education in subsequent tax years for qualifying educational expenses.

(Act 2014-147, p. 422, §5.)

Article 18 Alabama Short-Term Credential Scholarship Program

§ 16-60-370 (Repealed by Act 2023-539, § 12(B), Effective December 31, 2028, Unless Extended by Act of Legislature) Short Title

This article shall be known and may be cited as the Alabama Short-Term Credential Scholarship Program.

(Act 2023-539, §8.)

§ 16-60-371 (Repealed by Act 2023-539, § 12(B), Effective December 31, 2028, Unless Extended by Act of Legislature) Definitions

The following words used in this article have the following meanings.

(1) ELIGIBLE STUDENT. An Alabama resident who is registered for or intends to register to take a short-term credential program at an institution within the Alabama Community College System.

(2) GRANT. A payment made to an institution within the Alabama Community College System to be applied toward an eligible student’s qualifying educational expenses for a short-term credential program.

(3) QUALIFYING EDUCATIONAL EXPENSES. Tuition, fees, books, materials, and supplies required for or on behalf of an eligible student by the Alabama Community College System institution for participation in a short-term credential program.

(4) SHORT-TERM CREDENTIAL PROGRAM. A program at an Alabama Community College System institution that can be completed in two semesters or less and that will lead to in-demand career opportunities in the region in which the community college where the course is taken is located. In developing the short-term credential program, each community college shall work with local businesses and regional workforce councils and consult the regional and statewide lists of in-demand occupations to determine the in-demand careers and applicable curriculum.

(Act 2023-539, §9.)

§ 16-60-372 (Repealed by Act 2023-539, § 12(B), Effective December 31, 2028, Unless Extended by Act of Legislature) Program Established; Award of Grants

(a) A short-term credential program is established that will provide grants to help pay for qualifying educational expenses for eligible students at any Alabama Community College System institution.

(b) An eligible student may receive a grant of up to four thousand five hundred dollars ($4,500) that shall be paid to the Alabama Community College System institution where the eligible student enrolls in a short-term credential program and shall be applied toward the eligible student’s qualifying educational expenses required to complete a credit or non-credit short-term credential program that provides training for in-demand careers in the relevant region.

(c) One-half of the grant shall be paid to the Alabama Community College System institution within five days after the eligible student’s first day of class in the short-term credential program, and the other one-half of the grant shall be paid within five days after the eligible student’s completion of the short-term credential program. The second one-half of the grant shall not be paid if the eligible student does not complete the course, and in such a situation, the eligible student shall be responsible for paying the outstanding balance of any tuition or other fees owed to the Alabama Community College System institution at which the course was taken. If the eligible student does not complete the short-term credential program within one calendar year from the first day of the program’s commencement, that individual must repay the State of Alabama the initial one-half of the grant that was paid to the Alabama Community College System institution on his or her behalf.

(d) An eligible student who receives a grant under this article may not receive another grant until one calendar year after he or she completes the short-term credential program for which the prior grant was awarded.

(Act 2023-539, §10.)

§ 16-60-373 (Repealed by Act 2023-539, § 12(B), Effective December 31, 2028, Unless Extended by Act of Legislature) Powers and Duties of Alabama Community College System

The Alabama Community College System shall do all of the following:

(1) Adopt any policies and procedures necessary to implement and administer this article.

(2) Establish standards for participation and eligibility to receive a grant under this article.

(3) Establish the process by which eligible students will apply for a grant.

(4) Ensure that grants provided under this article are awarded in a manner that does not discriminate based on gender, race, or disability status of the applicant.

(5) Ensure that all grant applicants are residents of the State of Alabama.

(6) Ensure that all funding provided under this article is expended for the sole purpose of helping to pay the eligible student’s qualifying educational expenses.

(Act 2023-539, §11.)

§ 16-60-374 (Repealed by Act 2023-539, § 12(B), Effective December 31, 2028, Unless Extended by Act of Legislature) Short-Term Credential Scholarship Fund

(a) There is created within the State Treasury a fund to be known as the Short-Term Credential Scholarship Fund, which is authorized to accept funds appropriated by the Legislature in the general appropriations act or other appropriations acts.

(b) The grants provided under this article shall be effective on January 1, 2024, and shall continue through December 31, 2028, unless extended by an act of the Legislature.

(Act 2023-539, §12.)

§ 16-60-375 (Repealed by Act 2023-539, § 12(B), Effective December 31, 2028, Unless Extended by Act of Legislature) Annual Report

(a) The Alabama Community College System shall provide an annual report to the Chair of the House Ways and Means Education Committee and the Chair of the Senate Finance and Taxation Education Committee to account for the use of funds and the effectiveness of the grant program established under this article.

(b) The Alabama Community College System shall consult with the Alabama Commission on the Evaluation of Services to develop performance metrics and other measures of success to include in the annual report required pursuant to subsection (a). During the 2027 Fiscal Year, the program shall undergo an evaluation by the Alabama Commission on the Evaluation of Services to determine whether the program is impacting the determined measures of success.

(Act 2023-539, §13.)

Chapter 61 Trust Fund for Eminent Scholars

§ 16-61-1 Legislative Intent

The Legislature recognizes that the following public universities in Alabama which grant baccalaureate degrees and are independently accredited by the Southern Association of Colleges and Schools - the University of Alabama in Huntsville, the University of Alabama in Birmingham, the University of Alabama, Auburn University, Auburn University at Montgomery, Jacksonville State University, Troy State University, Troy State University in Montgomery, Troy State University in Dothan, the University of North Alabama, the University of South Alabama, Livingston University, the University of Montevallo, Alabama State University, Athens State College, and Alabama A & M University - would be greatly strengthened by the addition of distinguished scholars serving as resident faculty members.

It further recognizes that support from sources other than state appropriations, student fees, federal funds, research grants, and any interest earned thereon will help strengthen the commitment of citizens and organizations in promoting excellence in these state universities. It is therefore the intent of the Legislature to establish a trust fund to provide the opportunity to each of these institutions to receive grants from the trust fund to create endowments for selected eminent scholars to occupy chairs within the university’s faculty.

(Acts 1985, No. 85-759, p. 1265, §1; Acts 1993, No. 93-716, p. 1401, §1.)

§ 16-61-2 Establishment; Administration; Funding

There is hereby established the Alabama Trust Fund for Eminent Scholars to provide challenge grants to the public state universities in Alabama named in Section 16-61-1. The trust fund shall be administered by the Alabama Commission on Higher Education in accordance with the guidelines as set forth in this chapter. The Legislature shall designate funds to be transferred to the trust fund from the Education Trust Fund. All appropriated funds deposited into the trust fund shall be invested by the Alabama Commission on Higher Education pursuant to the provisions of Section 16-13-2. Interest income accruing to that portion of the trust fund not matched shall increase the total funds available for challenge grants.

(Acts 1985, No. 85-759, p. 1265, §2.)

§ 16-61-3 Raising Funds; Allocation of Matching Funds

The associated foundations that serve the respective universities shall solicit and receive contributions, from sources other than state appropriations, student fees, federal funds, research grants and any interest earned thereon, to provide funds to match the Alabama Trust Fund for Eminent Scholars challenge grants for the establishment of endowments for chairs within the universities. The amount appropriated to the Alabama Trust Fund for Eminent Scholars shall be allocated by the Alabama Commission on Higher Education to each university on the basis of one $400,000.00 grant for each $600,000.00 raised by the respective university’s foundation, by contributions and accrued interest thereon, from sources other than the state appropriations, student fees, federal funds, research grants, and any interest earned thereon.

(Acts 1985, No. 85-759, p. 1265, §3.)

§ 16-61-4 Challenge Grant Money; Accounting Methods

Such challenge grants shall be matched by the university’s foundation on a basis of $3.00 of contributions and accrued interest thereon, received by said university’s foundation for every $2.00 in challenge grant money from the Alabama Trust Fund for Eminent Scholars. Matching funds shall come from contributions, and accrued interest thereon, received by such university’s foundation after October 1, 1985, which are for the eminent scholars fund or from unpledged contributions, and accrued interest thereon, received by such university’s foundation. Each university’s foundation shall establish an Eminent Scholars Fund account for each grant, which shall serve as the depository for funds received pursuant to this chapter. State matching funds in the amount of $400,000.00 shall be transferred by the Alabama Commission on Higher Education to a university’s foundation within 90 days of notification, by such university’s foundation to the Alabama Commission on Higher Education, that such university’s foundation has received and deposited $600,000.00 in its Eminent Scholars Trust Fund account. But no matching funds shall be transferred by the Alabama Commission on Higher Education until the Alabama Commission on Higher Education has verification, in the form of a current bank statement, from the respective university’s foundation that such university’s foundation has a total of at least $600,000.00 in its eminent scholars fund.

(Acts 1985, No. 85-759, p. 1265, §4.)

§ 16-61-5 Universities Entitled to Match Appropriated Funds; Basis for Applying for Unmatched Funds

Each public state university named in Section 16-61-1 is entitled to match an equal share of the total moneys appropriated to the Alabama Eminent Scholars Trust Fund prior to September 30, 1987, or for two years after any subsequent appropriation made by the Legislature. Any funds hereby allocated to the Alabama Eminent Scholars Trust Fund, which remain unmatched by contributions, as outlined above, on September 30, 1987, shall be available for matching by any university foundation on the following basis: On September 30, 1987, any university foundation which has previously received a challenge grant may apply for any remaining funds and the Alabama Commission on Higher Education shall award matching challenge grants in equal amounts to the applying foundations upon certification of the availability of matching funds. The matching ratio for these grants shall be the same as outlined in Section 16-61-4. These funds and its matching amount may be used by a university foundation to increase its existing Eminent Scholars Fund or to establish an additional Eminent Scholars Fund.

(Acts 1985, No. 85-759, p. 1265, §5.)

§ 16-61-6 University Foundations to Maintain and Invest Funds; Limitation on Total Amount of Grants Received; Annual Report

The foundation serving a university shall have the responsibility for the maintenance and investment of its fund and for the administration of the program at that university. The governing board of each foundation shall be responsible for soliciting and receiving gifts to be used as matching funds to be deposited and matched with challenge grants from the Alabama Trust Fund for Eminent Scholars for the establishment of the endowments for the specified university. Once an endowment is established and operating, there may be further challenge grants to be matched for the establishment of more chairs. The total amount of challenge grants received by a university foundation shall not exceed its equal share of the amount appropriated to the Alabama Trust Fund for Eminent Scholars plus its equal share of any funds unmatched by other university foundations by September 30, 1987. Through the 1987-88 fiscal year, the Alabama Commission on Higher Education shall include in its annual report to the Legislature information concerning distribution of the appropriation, and accrued interest thereon, of the Alabama Trust Fund for Eminent Scholars.

(Acts 1985, No. 85-759, p. 1265, §6.)

§ 16-61-7 Establishment of Endowed Chair

When the sum of the challenge grant and matching funds reaches $1,000,000.00 the foundation and the president of the university may recommend, to the board of trustees of the university for its approval, the establishment of an endowed chair. The board of trustees must approve the recommendation in order for the chair to be established. The chair, which is then the property of the university, may be named in honor of a donor, benefactor, or honoree of the university, at the option of the university.

(Acts 1985, No. 85-759, p. 1265, §7.)

§ 16-61-8 Selection Process for Individual to Fill Endowed Chair; Use of Endowment Proceeds

(a) The president shall be responsible for the final approval of criteria to be used in the selection process for the individual to fill the endowed chair.

(b) The president of the university shall nominate individuals for consideration as candidates, or individuals may apply to the foundation for consideration as candidates. Candidates for the chairs may or may not be currently employed as faculty members of the granting university; however, a candidate not so employed must become employed as a faculty member by the granting university upon acceptance of the chair.

(c) The president of the university may establish a committee to process each application or nomination. Final selection of an individual shall follow the regular procedures established by the university.

(d) Upon the approval of the president, proceeds of the endowment may be used as salaries or a supplement for salaries for the holder of the chair and for those individuals directly associated with the holder of the chair’s scholarly work and for other expenses directly related to the chair’s scholarly work.

(Acts 1985, No. 85-759, p. 1265, §8.)

§ 16-61-9 Foundation to Enter into Agreement with University

The respective university foundation receiving a challenge grant from the Alabama Trust Fund for Eminent Scholars shall enter into a written agreement with its university to provide from the earnings from its Eminent Scholars Trust Fund an amount not to exceed said earnings which the university may use as specified in this chapter in Section 16-61-8(d).

(Acts 1985, No. 85-759, p. 1265, §9.)

§ 16-61-10 Provisions Apply to Future Appropriations

The provisions of this chapter shall apply to any future appropriations made by the Legislature for the Eminent Scholars Program.

(Acts 1985, No. 85-759, p. 1265, §10.)

Chapter 61A Educational Trust Funds

§ 16-61A-1 Short Title

[Repealed]

Repealed by Act 2008-276, p. 434, §1, effective January 1, 2009.

(Acts 1993, 1st Ex. Sess., No. 93-899, p. 187, §1; Act 2002-515, p. 1327, §1.)

§ 16-61A-2 Definitions

[Repealed]

Repealed by Act 2008-276, p. 434, §1, effective January 1, 2009.

(Acts 1993, 1st Ex. Sess., No. 93-899, p. 187, §2; Act 2002-515, p. 1327, §1.)

§ 16-61A-3 Appropriation of Expenditures

[Repealed]

Repealed by Act 2008-276, p. 434, §1, effective January 1, 2009.

(Acts 1993, 1st Ex. Sess., No. 93-899, p. 187, §3; Act 2002-515, p. 1327, §1.)

§ 16-61A-4 Restrictions Upon Expenditures

[Repealed]

Repealed by Act 2008-276, p. 434, §1, effective January 1, 2009.

(Acts 1993, 1st Ex. Sess., No. 93-899, p. 187, §4; Act 2002-515, p. 1327, §1.)

§ 16-61A-5 Investment Options of Fiduciary

[Repealed]

Repealed by Act 2008-276, p. 434, §1, effective January 1, 2009.

(Acts 1993, 1st Ex. Sess., No. 93-899, p. 187, §5; Act 2002-515, p. 1327, §1.)

§ 16-61A-6 Duties of Governing Board

[Repealed]

Repealed by Act 2008-276, p. 434, §1, effective January 1, 2009.

(Acts 1993, 1st Ex. Sess., No. 93-899, p. 187, §6; Act 2002-515, p. 1327, §1.)

§ 16-61A-7 Conformity to Standards for Fiduciary Investment

[Repealed]

Repealed by Act 2008-276, p. 434, §1, effective January 1, 2009.

(Acts 1993, 1st Ex. Sess., No. 93-899, p. 187, §7; Act 2002-515, p. 1327, §1.)

§ 16-61A-8 Consent of Donor; Release of Restriction

[Repealed]

Repealed by Act 2008-276, p. 434, §1, effective January 1, 2009.

(Acts 1993, 1st Ex. Sess., No. 93-899, p. 187, §8; Act 2002-515, p. 1327, §1.)

Chapter 61B Education Technology Fund

§ 16-61B-1 Legislative Intent

There is hereby created within the State Treasury a fund, designated the Education Technology Fund, hereinafter referred to as the fund. The State Superintendent of Education shall authorize the expenditure of monies within the fund, upon the approval of the State Board of Education. Receipts to the fund shall include, but shall not be limited to the following: 1) appropriations made at the discretion of the Legislature; 2) grant funds; 3) donations and contributions; 4) federal funds; and 5) appropriations made by local governments. At the end of any fiscal year, unexpended monies remaining in the fund shall not revert but shall remain available for appropriation. The expenditure of monies in the fund shall be subject to appropriation by the Legislature and subject to the provisions of the Budget Management Act, Sections 41-19-1 through 41-19-12. The State Board of Education shall ensure that expenditures made from the Education Technology Fund shall be based on educational need and shall be made in an equitable manner.

(Acts 1994, No. 94-673, p. 1291, §1.)

§ 16-61B-2 Rules and Regulations

The State Board of Education may adopt rules and regulations necessary for the implementation of this chapter.

(Acts 1994, No. 94-673, p. 1291, §4.)

Chapter 61C Alabama Science in Motion Act

§ 16-61C-1 Short Title

This chapter shall be known and may be cited as the “Alabama Science in Motion Act of 1995.”

(Acts 1995, No. 95-650, p. 1358, §1.)

§ 16-61C-2 Legislative Findings

The Legislature of the State of Alabama hereby finds:

(1) That the Alabama Science in Motion Program (the ASIM Program) of six pilot networks, created by Act No. 94-673, to augment the science curriculum of the public schools, have demonstrated efficacy as a model in advancing the state’s efforts towards the following goals and directives of the “Alabama Education Improvement Act of 1991.”

(2) That by the year 2000, Alabama students should be among the country’s leaders in mathematics and science achievement and that special attention be given to science in the Alabama Course of Study.

(3) That the State Board of Education provide “a plan for the cooperative development and execution of research, demonstration, evaluation and dissemination of activities related to the effective use of technologies in teaching and learning”; and that these activities be carried out in cooperation with the existing Alabama Regional Inservice Centers and local school systems.

(4) That the model is consistent and compatible with a coordinated educational technology plan; that it uses technology to improve teaching and learning; and that it uses technology to “improve efficiency in productivity in education administration.”

The Legislature further finds that the Alabama Science in Motion Program is an effective and efficient model that furthers the state’s efforts to: (1) promote equity in the allocation of the state’s financial and educational resources among the several school systems of the state; (2) provide students of the public schools with adequate science laboratories, as provided for in Section 16-1-29(a) (2); and (3) provide students of the public schools with instructional supplies and science equipment in adequate form and quantity, as provided by law.

(Acts 1995, No. 95-650, p. 1358, §2; Act 98-320, p. 544, §12.)

§ 16-61C-3 Legislative Intent - Program to Augment Science Curriculum; Administration of Program

It is the intent of the Legislature that the Alabama Science in Motion Program shall augment the science curriculum of the public schools and be administered such that:

(1) The ASIM Program complement, enhance and facilitate the implementation of the Alabama Course of Study: Science.

(2) The State Superintendent of Education annually makes every effort practical to expose the ASIM Program to the maximum number of students enrolled in science coursework, regardless of the students’ prior achievement levels in science or other academic coursework.

(3) Each of the core sciences covered under the ASIM Program be standardized among the several networks, in terms of the scientific equipment that is utilized, the content of instruction presented in the classroom and in the content and the extent of the staff development training offered to science teachers. In the development of both the classroom instructional content and the content of the professional development training, the standards used shall meet or exceed those of Juniata College’s (Pennsylvania) Science in Motion Program. Provided, however, no provision of this chapter shall be construed to require each network to conform to a specific organizational structure.

(4) Representatives from the schools of education involved in science education and from the schools of natural sciences of the several host universities for each Alabama Regional Inservice Center jointly cooperate and participate in the planning and in the oversight of the operations of the network. This action advances the efforts of the State Board of Education to encourage university schools of education to review their programs to ensure that prospective teachers are properly prepared to teach, as contemplated in Section 16-3-15(g).

(5) The host universities of each of the eleven sites shall share in this effort to implement the provisions of this chapter through cost sharing. The cost sharing may be financial support, in-kind services or other forms of support, which demonstrate the host universities’ commitment to the ASIM Program. The State Superintendent of Education shall, however, annually determine the adequacy of the cost sharing that is provided by each host university.

(Acts 1995, No. 95-650, p. 1358, §3.)

§ 16-61C-4 Rules and Regulations; Schedule for Expansion of Program; Advisory Committee

(a) The State Board of Education may promulgate necessary rules and regulations for the effective administration of the Alabama Science in Motion Program, in accordance with applicable state laws. Upon the recommendation of the State Superintendent of Education the State Board of Education shall adopt a flexible schedule, of not more than five years, that will provide for the complete statewide expansion of the Alabama Science in Motion Program to eleven networks, one network to operate within the service region of each of the eleven existing Alabama Regional Inservice Centers. ASIM Program expansion shall be completed when each network shall operate one van for each of the three core sciences, namely biology, chemistry and physics. The schedule shall consist of three or more phases; provided, that all effort shall be made to ensure that no geographic region of the state shall be unduly neglected by the schedule as the expansion of the ASIM Program unfolds.

It is hereby expressly provided that each phase of the schedule shall be implemented only to the extent that funding is appropriated or otherwise made available for implementation.

(b) There is hereby created an Alabama Science in Motion Advisory Committee consisting of not more than twelve members who shall advise the State Superintendent of Education on the operational activities of the ASIM Program. The membership of the ASIM Advisory Committee shall be comprised of six project directors, three van operators and three classroom science teachers; provided, however, that each of the eleven sites shall be represented by at least one member of the ASIM Advisory Committee.

(Acts 1995, No. 95-650, p. 1358, §4.)

§ 16-61C-5 Appointment of Director; Responsibilities of Superintendent

The State Superintendent of Education may appoint a full-time director for the Science in Motion Program who shall be responsible for the day-to-day administration, monitoring and coordination of the ASIM Program.

The State Superintendent of Education shall be responsible for the following:

(1) Initiate the preparation of proposals for funding grants from governmental, corporate or private sources. If, as a requirement for receiving grant funds, the grant-awarding entity requires the participation of private schools in the Alabama Science in Motion Program, the superintendent is hereby authorized to include private schools to the extent that the requirement is satisfied.

(2) Establish the ASIM Program standards upon approval of the State Board of Education and certify that each network annually meets the overall standards of the ASIM Program as a prior condition for the allocation of the respective shares of ASIM Program funds to each network.

(3) Document and maintain records of the ASIM Program and make an annual report to the Legislature, by the tenth legislative day of each regular session, which summarizes the finances and activities of the ASIM Program during the previous school year.

(4) The State Superintendent of Education is authorized to contract with one or more of the host universities to make purchases of scientific equipment and supplies on behalf of the ASIM Program in the event that more favorable prices can be obtained by the host university.

(Acts 1995, No. 95-650, p. 1358, §5.)

§ 16-61C-6 Superintendent to Allocate Grant Funds; Recoupment of Replaced State Funds

In the event that in any fiscal year prior to the complete expansion of the ASIM Program, grant funds are received as funding support for the ASIM Program, the State Superintendent of Education shall allocate the grant funds in an equitable manner among the several ASIM Program networks to replace a like amount of state funds. The state superintendent shall also recoup the replaced state funds previously allocated among the networks and deposit the state funds to the credit of the Education Technology Fund, to be expended at the recommendation of the superintendent upon the approval of the State Board of Education for further expansion of the ASIM Program, according to the approved schedule.

In the event that grant funds are received after the expansion of the ASIM Program is completed, the recouped state funds shall be deposited to the credit of the Education Technology Fund to be expended at the recommendation of the state superintendent upon approval of the State Board of Education for any purpose stated within an approved statewide plan for the acquisition and use of advanced technology in the public schools.

(Acts 1995, No. 95-650, p. 1358, §9.)

Chapter 61D Office of Information Technology

§ 16-61D-1 Created

[Repealed]

Repealed by Act 2013-68, §9, effective March 19, 2013.

(Act 2000-715, p. 1535, §1.)

§ 16-61D-2 Definitions

[Repealed]

Repealed by Act 2013-68, §9, effective March 19, 2013.

(Act 2000-715, p. 1535, § 2.)

§ 16-61D-3 Executive Director; Personnel

[Repealed]

Repealed by Act 2013-68, §9, effective March 19, 2013.

(Act 2000-715, p. 1535, §3.)

§ 16-61D-4 Powers and Duties

[Repealed]

Repealed by Act 2013-68, §9, effective March 19, 2013.

(Act 2000-715, p. 1535, §4.)

§ 16-61D-5 Information Technology Council

[Repealed]

Repealed by Act 2013-68, §9, effective March 19, 2013.

(Act 2000-715, p. 1535, §5.)

§ 16-61D-6 Sunset Provision

[Repealed]

Repealed by Act 2013-68, §9, effective March 19, 2013.

(Act 2000-715, p. 1535, §6.)

Chapter 61E Information Technology Joint Purchase Agreements

§ 16-61E-1 Legislative Findings; Purpose

The Legislature finds that information technology is an area of rapid change in which specialized knowledge and equipment are often essential. The Legislature further recognizes that substantial savings may be realized by aggregating the purchasing power of educational institutions. The Legislature therefore desires to authorize the joint purchase of information technology and further recognizes that in an effort to truly have fair and competitive bidding as well as ensure quality vendors, any companies that have ISO-9001 certification or any companies or contractors whose affiliates, subdivisions, subsidiaries, or departments have ISO-9001 certification can bid on the information technology to be jointly purchased by educational institutions.

(Act 2003-392, p. 1111, §1.)

§ 16-61E-2 Definitions; Purchase Authorization; Competitive Bids; Applicability of Public Contract Laws

(a) For purposes of this chapter, the following terms shall have the following meanings:

(1) EDUCATIONAL INSTITUTION. Educational and eleemosynary institutions governed by boards of trustees or similar governing bodies, state trade schools, state junior colleges, state colleges, or universities under the supervision and control of the State Board of Education, city and county boards of education, district boards of education of independent school districts, Department of Youth Services, the Alabama Institute for Deaf and Blind, the Alabama School of Fine Arts, and the Alabama School of Math and Science.

(2) INFORMATION TECHNOLOGY. Equipment, supplies, and other tangible personal property, software, services, or any combination of the foregoing, used to provide data processing, networking, or communications services.

(3) JOINT PURCHASING AGREEMENT. An agreement in writing providing for the lease or purchase of information technology under a single contract. A joint purchasing agreement may be entered into by any number or combinations of educational institutions. If a joint agreement is executed by each of the participating educational institutions it shall set forth the categories of information technology to be purchased or leased, the manner of advertising for bids and awarding the contract, the method of payment by each participating educational institution, and other matters deemed necessary to carry out the purposes of the agreement.

(b) The State Department of Education and the Department of Postsecondary Education, in addition to monitoring and oversight, may also purchase, with the consent of the Director of Finance or his or her designee, from joint information technology contracts when purchases are necessary to maintain statewide application and compatibility.

(c) Notwithstanding any provision to the contrary in Articles 2 or 3 of Chapter 16, Title 41, educational institutions that are required by this chapter to let contracts for the purchase of goods and services by competitive bidding may enter into joint purchasing agreements for the lease or purchase of information technology for use by their respective educational institutions. Competitive bids for information technology may result in awards to multiple vendors for each one product line in order to meet the specific requirements of participating educational institutions or to achieve compatibility with existing technology already in use. Each participating educational institution shall pay its share of expenditures for purchases under any agreement in the manner set forth in the agreement and in the same manner as it pays other expenses of the educational institution. Educational institutions entering into a joint agreement pursuant to this section may designate a joint purchasing administrator to be responsible for issuing the invitation to bid, evaluating the bids received, and awarding the contract, in which event the joint purchasing administrator shall have the responsibility to comply with Chapter 16 of Title 41.

(d) All the terms and conditions of Chapter 16 of Title 41, that are not expressly modified by this chapter shall apply to joint purchase agreements. This chapter shall not be construed as granting any educational institution authority to purchase goods and services or increasing the authority, other than the authority to enter into joint purchase agreements, of any educational institution to purchase goods and services.

(e) It is the intent of the Legislature that all joint purchasing agreements conform to all applicable competitive bid provisions of Alabama law pertaining to state contracts, including, without limitation, those contained in Chapter 16 of Title 41 and Chapter 2 of Title 39.

(Act 2003-392, p. 1111, §2.)

Chapter 62 Black Heritage Museum of West Alabama Act

§ 16-62-1 Short Title

This chapter shall be known and may be cited as the “Black Heritage Museum of West Alabama Act.”

(Acts 1988, No. 88-661, p. 1061, §1.)

§ 16-62-2 Definitions

For the purposes of this chapter the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) REPOSITORY. A place or depository on the campus of Stillman College.

(2) SOURCE MATERIALS. Any written or printed matter, memorabilia and artifacts.

(3) AFRO-AMERICAN. Any American person of African descent and who is identified with the black race.

(Acts 1988, No. 88-661, p. 1061, §2.)

§ 16-62-3 General Purpose

The general purposes of this chapter are to provide for the obtaining, preserving and holding for circulation in a repository at the Stillman College source materials on Afro-American history and culture which shall be used for research and other educational and cultural purposes, and which shall thereby encourage the development of inspiration and positive self-concepts on the part of black Americans and provide a basis for whites to gain greater respect for the black race.

(Acts 1988, No. 88-661, p. 1061, §3.)

§ 16-62-4 Appointment of Curator; Duties of Curator

The Board of Directors of the Black Heritage Museum shall appoint a curator of the repository who shall be a recognized authority on Afro-American history and culture. The curator shall be empowered to seek out and secure source materials on or about Afro-Americans, to catalog and preserve such materials in keeping with the best available methods of preservation, and shall disseminate or make available to the public said materials in keeping with the designated functions of the repository.

(Acts 1988, No. 88-661, p. 1061, §4.)

§ 16-62-5 Functions and Duties of Repository

The repository shall serve the state and West Alabama by collecting and preserving source materials on the contributions, achievements and general experiences of Afro-Americans, and shall endeavor to reproduce and secure copies of all materials on or about black Americans from the earliest beginnings to the present. It shall provide bibliographic and copy services, whenever practical, to state agencies, the university system, state officials, researchers and scholars of Afro-American history and culture, and encourage the use of Afro-American instructional materials in state educational services to all groups without regard to racial, religious, or ethnic membership.

(Acts 1988, No. 88-661, p. 1061, §5.)

§ 16-62-6 Authority for Stillman College to Accept Funds, Grants and Services from Federal, State and Local Agencies

For the purposes of this chapter, Stillman College has the authority to accept and receive funds, grants and services from the federal government or its agencies; from departments, agencies and instrumentalities of state, municipal or local government; or from private or civic sources.

(Acts 1988, No. 88-661, p. 1061, §6.)

Chapter 63 Community Schools Act

§ 16-63-1 Short Title

This chapter shall be known and may be cited as the “Community Schools Act.”

(Acts 1990, No. 90-544, p. 848, §1.)

§ 16-63-2 Purpose; Public Policy Declared

The purpose of this chapter is to encourage greater community involvement in the public schools and greater community use of public school facilities. To this end it is declared to be the policy of this state:

(1) To provide for increased involvement by citizens in their local schools through community schools advisory committees.

(2) To assure maximum use of public school facilities by the citizens of each community in this state.

(3) To provide for increased involvement by business and industry in every school system through business/industry partnerships - adopt-a-school programs.

(Acts 1990, No. 90-544, p. 848, §2.)

§ 16-63-3 Definitions

As used in this chapter, the following words shall have the meanings respectively ascribed to them unless the context clearly indicates otherwise:

(1) COMMUNITY SCHOOLS ADVISORY COMMITTEE. A committee of citizens organized to advise community school coordinators, administrators, and local boards of education in the involvement of citizens in the educational process and in the use of public school facilities.

(2) COMMUNITY SCHOOLS COORDINATOR. An employee of a local board of education whose responsibility it is to promote and direct maximum use of the public schools and public school facilities as centers for community education.

(3) PUBLIC SCHOOL FACILITY. Any education facility under the jurisdiction of a local board of education, whether termed an elementary school, middle school, junior high school, or high school.

(4) BUSINESS/INDUSTRY PARTNERSHIPS. A closely knit partnership consisting of a business and a selected Alabama public school. It is sharing of time, talent, expertise, and resources.

(Acts 1990, No. 90-544, p. 848, §3.)

§ 16-63-4 Duties of Local Boards of Education; Establishment of Community Schools Advisory Committees and Employment of Coordinators; Agreements; Local Funds

Every local board of education which elects to apply for funding pursuant to this chapter shall:

(1) Develop programs and plans for increased community involvement in the public schools based upon policies and guidelines adopted by the State Board of Education.

(2) Develop programs and plans for increased community use of public school facilities based upon policies and guidelines adopted by the State Board of Education.

(3) Establish rules governing the implementation of such programs and plans in its public schools and submit these rules along with adopted programs and plans to the State Board of Education for approval by the State Board of Education.

Programs and plans developed by a local board of education shall provide for the establishment of one or more community schools advisory committees for the public schools under the board’s jurisdiction and for the employment of one or more community schools coordinators. The local board of education shall establish the terms and conditions of employment for the community schools coordinators.

Every local board of education which elects to apply for funding pursuant to this chapter shall have the authority to enter into agreements with other local boards of education, agencies and institutions for the joint development of plans and programs and the joint expenditure of funds allocated by the State Board of Education. Local funds from each local board of education applying for funds for the community schools program must equal at least one-fourth of the total budget for the community schools program of said local board of education.

(Acts 1990, No. 90-544, p. 848, §4.)

§ 16-63-5 Duties of Community Schools Advisory Committees; Membership

Every participating local board of education shall establish one or more community schools advisory committees which may become involved in matters affecting the educational process in accordance with rules established by the local board of education and approved by the State Board of Education and further shall consider ways of increasing community involvement in the public schools and utilization of public school facilities. Community schools advisory committees may assist local boards of education in the development and preparation of the plans and programs to achieve such goals, may assist in the implementation of such plans and programs and may provide such other assistance as may be requested by the local boards of education.

Community schools advisory committees shall work with local school officials and personnel, parent-teacher organizations, and community groups and agencies in providing maximum opportunities for public schools to serve the communities, and shall encourage the maximum use of volunteers in the public schools.

Wherever possible, the local board of education is encouraged to include at least one high school student. The size of the councils and the terms of membership on the councils shall be determined by the local board of education in accordance with the state guidelines.

The role, scope and responsibility of the advisory committees shall be limited to community school matters.

(Acts 1990, No. 90-544, p. 848, §5.)

§ 16-63-6 Duties of Community Schools Coordinators

Every participating local board of education shall employ one or more community schools coordinators and shall establish the terms and conditions of their employment. Community schools coordinators shall be responsible for:

(1) Providing support to the community schools advisory committees and public school officials.

(2) Fostering cooperation between the local board of education and appropriate community agencies.

(3) Encouraging maximum use of community volunteers in the public schools.

(4) Performing such other duties as may be assigned by the local superintendents and the local board of education, consistent with the purposes of this chapter.

(Acts 1990, No. 90-544, p. 848, §6.)

Chapter 64 Nonresident Tuition Rates for Institutions of Higher Education

§ 16-64-1 Definitions

For the purposes of this chapter, the following terms have the following meanings:

(1) MINOR. An individual who, because of age, lacks the capacity to contract under Alabama law. Under current law, this means a single individual under 19 years of age and a married individual under 18 years of age, but excludes an individual whose disabilities of nonage have been removed by a court of competent jurisdiction for a reason other than establishing a legal residence in Alabama. If current law changes, this definition shall change accordingly.

(2) RESIDENCE. The single location at which a person resides with the intent of remaining in that location indefinitely as evidenced by more substantial connections with that place than with any other place.

(3) RESIDENT. One whose residence is in the State of Alabama.

(4) RESIDENT/NONRESIDENT STUDENT. In determining resident or nonresident classification, the primary issue is one of intent. If a person is in Alabama primarily for the purpose of obtaining an education, that person shall be considered a nonresident student.

(5) SUPPORTING PERSON. Either or both of the parents of the student, if the parents are living together, or if the parents are divorced or living separately, then either the parent having legal custody or, if different, the parent providing the greater amount of financial support. If both parents are deceased or if neither has legal custody, supporting person shall mean, in the following order: the legal custodian of the student, the guardian, and the conservator.

(Acts 1996, No. 96-663, p. 1088, §1.)

§ 16-64-2 Requirements for Qualification as Resident Student; Rules and Guidelines

(a) For purposes of admission and tuition, a public institution of higher education may consider that the term resident student includes any of the following:

(1) One who, at the time of registration, is not a minor and satisfies one of the following:

a. Is a full-time permanent employee or is the spouse of a full-time permanent employee of the institution at which the student is registering.

b. Is currently permanently employed full-time within this state, or will commence the permanent, full-time employment within 90 days of registration with the institution, or is the spouse of a person who is either currently permanently employed full-time within this state or who will commence the permanent, full-time employment within 90 days of registration with the institution.

c. Is employed as a graduate assistant or fellow by the institution at which the student is registering.

d. Is an accredited member of or the spouse of an accredited member of a consular staff assigned to duties in Alabama.

e. Is in a program or takes courses within an interstate consortium of colleges or universities that either offers reciprocal resident student tuition to residents of Alabama in the program or courses offered by colleges or universities not within Alabama, or is enrolled in a program or courses through an interstate consortium of colleges or universities which assesses tuition at a uniform rate for all students enrolled in that course or program.

f. Is, at the time of passage of this chapter, a student enrolled at a public college or university and who is currently classified as a resident for tuition purposes, provided the student maintains continuous enrollment at that institution.

(2) One who, at the time of registration, is a minor and whose supporting person satisfies one of the following:

a. Is a full-time permanent employee of the institution at which the student is registering.

b. Can verify full-time permanent employment within the State of Alabama and will commence the employment within 90 days of registration with the institution.

c. Is an accredited member of a consular staff assigned to duties in Alabama.

(b) For purposes of admission and tuition, a public institution of higher education shall consider that the term resident student includes any of the following:

(1) One who, at the time of registration, is not a minor and satisfies one of the following:

a. Is a member or the spouse of a member of the United States military on full-time active duty stationed in Alabama.

b. Commencing on May 22, 2012, has been a member of the Alabama National Guard for a period of at least two years immediately preceding the student qualifying for resident tuition and continues to be a member of the Alabama National Guard while enrolled at the public institution of higher education.

c. Is a veteran of the Armed Forces of the United States, provided that the veteran has become a resident of Alabama and satisfies at least one of the following conditions:

1. The veteran has served on active duty for a continuous period of time, not less than two years, and has received an honorable discharge as verified by a United States Department of Defense Form 214 within five years of enrolling in an Alabama public institution of higher education.

2. The veteran is currently serving in a reserve component of the Armed Forces of the United States, as verified by a memorandum from the commanding officer of the veteran student.

3. The veteran has been assigned a service-connected disability by the United States Department of Veterans Affairs.

d. Is an out-of-state veteran who resides within 90 miles of a campus located in Alabama and has enrolled at an institution whose board of trustees has voted to allow nonresident in-state tuition for active and retired military.

(2) One who, at the time of initial registration, is a minor and whose supporting person is a member of the United States military on full-time active duty stationed in Alabama. A student establishing residency pursuant to this subdivision shall continue to be considered a resident student, regardless of any transfer of his or her supporting person to an out-of-state duty station, provided the student maintains continuous enrollment at that institution.

(3) One who, at the time of registration, is a full-time undergraduate student enrolled at an institution whose board of trustees has authorized resident tuition rates to apply to those non-resident students receiving a partial or full scholarship award in recognition of a particular talent or ability, provided the student possessed the talent or ability at the time of initial enrollment and maintains continuous scholarship eligibility at that institution.

(c) The boards of trustees of each public institution of higher education in the state shall adopt rules and guidelines necessary to implement this section. It is the intent of the Legislature that constitutionally created boards of trustees comply with the requirements of this section.

(Acts 1996, No. 96-663, p. 1088, §2; Act 2012-505, p. 1488, §1; Act 2013-331, p. 1161, §1; Act 2013-423, p. 1692, §§1, 2; Act 2021-81, §1.)

§ 16-64-3 Certification of Residency; Evaluation of Connections with State of Alabama

(a) An individual claiming to be a resident for purposes of this chapter shall certify by a signed statement each of the following:

(1) A specific address or location within the State of Alabama as his or her residence.

(2) An intention to remain at this address indefinitely.

(3) Possession of more substantial connections with the State of Alabama than with any other state.

(b) Though certification of an address and an intent to remain in the state indefinitely shall be prerequisites to establishing status as a resident, ultimate determination of that status shall be made by the institution by evaluating the presence or absence of connections with the State of Alabama. This evaluation shall include the consideration of all of the following connections:

(1) Consideration of the location of high school graduation.

(2) Payment of Alabama state income taxes as a resident.

(3) Ownership of a residence or other real property in the state and payment of state ad valorem taxes on the residence or property.

(4) Full-time employment in the state.

(5) Residence in the state of a spouse, parents, or children.

(6) Previous periods of residency in the state continuing for one year or more.

(7) Voter registration and voting in the state; more significantly, continuing voter registration in the state that initially occurred at least one year prior to the initial registration of the student in Alabama at a public institution of higher education.

(8) Possession of state or local licenses to do business or practice a profession in the state.

(9) Ownership of personal property in the state, payment of state taxes on the property, and possession of state license plates.

(10) Continuous physical presence in the state for a purpose other than attending school, except for temporary absences for travel, military service, and temporary employment.

(11) Membership in religious, professional, business, civic, or social organizations in the state.

(12) Maintenance in the state of checking and savings accounts, safe deposit boxes, or investment accounts.

(13) In-state address shown on selective service registration, driver license, automobile title registration, insurance policies, stock and bond registrations, last will and testament, annuities, or retirement plans.

(Acts 1996, No. 96-663, p. 1088, §3; Act 2025-397, §1.)

§ 16-64-4 Tuition Rates for Nonresident; Resident Tuition Rates for Students Residing in Counties Within 50 Miles of Campus; Tuition Rates for Distance Programs

(a) Each Alabama public institution of higher education shall charge each undergraduate student who is registered as a nonresident a minimum tuition of two times the resident tuition rate charged by that institution. This rate shall be effective for students who register at an institution beginning August 1, 1997. A nonresident graduate student at an institution shall be charged a rate of tuition that is at least at the level of tuition charged to a nonresident undergraduate.

(b) The governing boards of each four-year public institution of higher education and Athens State University shall retain the power to extend resident tuition rates to students who reside in any county within 50 miles of a campus of the institution; provided, however, that campus must be in existence and operating as of January 1, 1996. For public two-year institutions, not including Athens State University, the State Board of Education, upon the recommendation of the Chancellor of the Department of Postsecondary Education, shall retain the power to extend resident tuition rates to students who reside in any county within 50 miles of a campus of the institution; provided, however, that campus must be in existence and operating as of January 1, 1996.

(c) Any provision of law to the contrary notwithstanding, the governing boards of each four-year public institution of higher education and Athens State University shall retain the power to set tuition rates for programs that are delivered in a distance format to students who are not present within the boundaries of the state at the time the distance program is delivered. For public two-year institutions of higher education, except Athens State University, the State Board of Education, upon the recommendation of the Chancellor of the Department of Postsecondary Education, shall retain the power to set tuition rates for programs that are delivered in a distance format for students who are not present within the boundaries of the state at the time the distance program is delivered.

(Acts 1996, No. 96-663, p. 1088, §4; Act 2013-331, §1; Act 2014-326, p. 1212, §1.)

§ 16-64-5 Adoption by Institution of More Rigorous Nonresident Tuition Rates

A four-year public institution of higher education and Athens State University, at the discretion of its governing board, and a two-year public institution of higher education, except Athens State University, at the discretion of the Chancellor of the Department of Postsecondary Education, may elect to adopt policies regarding nonresident tuition which are more rigorous than those specified in this chapter.

(Acts 1996, No. 96-663, p. 1088, §5; Act 2014-326, p. 1212, §1.)

§ 16-64-6 Annual Collection of Out-of-State Tuition Practices; Annual Report

The out-of-state tuition practices of each institution, and particularly decisions regarding resident and nonresident status and reporting thereof, shall be collected annually by the Alabama Commission on Higher Education. An annual report of institutional tuition policies shall be posted on the Alabama Commission on Higher Education’s website.

(Acts 1996, No. 96-663, p. 1088, §6; Act 2021-425, §1.)

§ 16-64-7 Exceptions; College and University Off-Campus Offerings on Military Bases

The provisions of this chapter shall not apply to those off-campus offerings on military bases conducted by colleges and universities.

(Acts 1996, No. 96-663, p. 1088, §7.)

Chapter 65 Alabama Higher Education Equipment Loan Authority

§ 16-65-1 Short Title

This chapter may be cited as the “Alabama Higher Education Equipment Loan Authority Act.”

(Acts 1997, No. 97-388, p. 632, §1.)

§ 16-65-2 Legislative Intent

(a) It is the intent of the Legislature by passage of this chapter to enable the state, acting by and through the authority, to aid educational institutions in the financing of capital equipment on a tax-exempt basis. To this end, the Legislature intends to authorize the authority to issue bonds for the purpose of providing funds to enable the authority to make equipment loans to educational institutions to pay equipment costs; and to provide that educational institutions shall secure the payment of such equipment loans out of a dedicated source of revenue not appropriated by the state.

(b) This chapter shall be liberally construed in conformity with the intentions of the Legislature expressed above.

(Acts 1997, No. 97-388, p. 632, §2.)

§ 16-65-3 Definitions

The following terms shall have the following meanings, respectively:

(1) AUTHORITY. The Alabama Higher Education Equipment Loan Authority created by this chapter and any successor or successors thereto. Any change in name or composition of the authority shall in no way affect the vested rights of any person under the provisions of this chapter.

(2) BOARD OF DIRECTORS. The board of directors of the authority.

(3) BONDS. The bonds of the authority issued under the provisions of this chapter, including revenue refunding bonds.

(4) EDUCATIONAL INSTITUTION. Every public college, public university, public graduate school, public professional school, public junior college, community college, public business college, and any other public institution of higher learning that teaches a trade or a profession, heretofore or hereafter established or acquired under statutory authorization of the Legislature of Alabama and existing as a public institution of learning supported in substantial part by state appropriations, or by revenues derived from taxation.

(5) EQUIPMENT. All capital equipment and other capital personal property of every kind that an educational institution may at any time have been or be authorized to acquire and use in the performance of its functions and responsibilities, including, without limitation thereto, computer hardware and software, laboratory equipment, and medical equipment, specifically excluding buildings or other capital improvements.

(6) EQUIPMENT COSTS. All or any part of the cost of acquiring equipment, including financing charges, the costs of obtaining bond insurance, letters of credit or other forms of credit enhancement or liquidity facilities, underwriters’ commissions or discounts, provisions for reserves for principal and interest, the cost of consulting, financial and legal services, administrative expenses, and other similar or related costs. In the case of bonds issued for the purpose of refunding principal and interest, or either, with respect to outstanding bonds or other obligations, as provided for herein, equipment costs shall include any premium that may be necessary to pay in order to redeem or retire such bonds or other obligations to be refunded.

(7) EQUIPMENT LOAN. A loan by the authority to a public educational institution pursuant to the terms of this chapter for the purpose of financing equipment costs incurred or to be incurred by such educational institution.

(8) STATE. The State of Alabama.

(Acts 1997, No. 97-388, p. 632, §3.)

§ 16-65-4 Creation of Authority; Members, Organization, Etc

There is hereby created a public body corporate and politic to be known as Alabama Higher Education Equipment Loan Authority. The authority shall not be a state institution nor a department or agency of the state, but shall be an instrumentality of purely public charity performing an essential governmental function, being a distinct corporate entity. The Governor shall be the president of the authority, the State Treasurer shall be the vice president thereof, and the Director of Finance shall be the secretary thereof. The State Treasurer shall be treasurer thereof, shall act as custodian of its funds, and shall pay the principal of and interest on the bonds of the authority out of the funds hereinafter provided for. The members of the authority shall constitute all the members of the board of directors of the authority, and any two members of the board of directors shall constitute a quorum for the transaction of business. Should any person holding any state office named in this section cease to hold such office by reasons of death, resignation, expiration of his or her term of office, or for any other reason, then his or her successor in office shall take his or her place as a member, officer, or director, as the case may be, of the authority. No member, officer, or director of the authority shall draw any salary in addition to that now authorized by law for any service he or she may render or for any duty he or she may perform in connection with the authority. All proceedings had and done by the board of directors shall be reduced to writing by the secretary of the authority, shall be signed by at least two members of the authority, and shall be recorded in a substantially bound book and filed in the office of the secretary. Copies of proceedings, when certified by the secretary of the authority under the seal of the authority, shall be received in all courts as prima facie evidence of the matters and things therein certified.

(Acts 1997, No. 97-388, p. 632, §4.)

§ 16-65-5 Powers of Authority

The authority shall have all of the following powers:

(1) To adopt an official seal and alter the same at its pleasure.

(2) To sue and be sued in contract and in tort and to complain and defend in all courts of law and equity.

(3) To maintain an office at such place or places as it may designate.

(4) To borrow money and to issue bonds for the purpose of making equipment loans to educational institutions to finance equipment costs, and to provide for the rights of the purchasers, holders, or owners of such bonds.

(5) To make equipment loans to any public educational institution in order to finance equipment costs, which equipment loans may be evidenced or secured by loan agreements, promissory notes, security agreements, trust indentures, or such other instruments, and upon such terms and conditions as the board of directors of the authority shall determine to be reasonable.

(6) To arrange for various forms of security or credit enhancement for its bonds, including letters of credit, guaranties, policies of insurance, and the like.

(7) As security for the payment of the principal of and interest on any equipment loan made to a public educational institution, to take a pledge of and security interest in a. the proceeds of any ad valorem tax voted under the Constitution of Alabama of 1901, for school purposes generally, and paid, apportioned, or allocated to or for the benefit of such educational institution, b. the proceeds of any privilege, license, or excise tax or taxes that may be paid, apportioned, or allocated to or for the benefit of such educational institution, c. the fees from students levied or to be levied by or for such educational institution, or d. any other moneys or revenues received by such educational institution not appropriated by the state to such institution.

(8) As security for the payment of the principal of and interest on its bonds, to pledge the revenues, receipts, funds, and other property out of which the equipment loans made with the proceeds of its bonds are payable and to pledge, transfer, and assign any repayment obligations of equipment loan recipients.

(9) To invest proceeds of the bonds of the authority not required for immediate use in such manner as the board of directors shall determine.

(10) To establish accounts in one or more depositories.

(11) To make, enter into, and execute such financing agreements, loan agreements, contracts, or other instruments and to take such other actions as may be necessary or convenient to accomplish any purpose for which the authority was organized or to exercise any power granted to it.

(12) To charge to and apportion among participating educational institutions the administrative costs and expenses incurred by the authority in the exercise of the powers and duties conferred upon it by this chapter.

(13) To pledge or mortgage all or any portion of any equipment conveyed to the authority for such purpose, whether presently owned or subsequently acquired, for the benefit of the holders of the bonds of the authority issued to finance such equipment or any portion thereof or issued to refund or refinance outstanding indebtedness of an educational institution permitted by this chapter.

(14) To issue bonds for the purpose of refunding or refinancing outstanding bonds issued pursuant to this chapter or outstanding obligations incurred by educational institutions for the purpose of financing the acquisition or leasing of equipment, whether or not such bonds or other obligations are outstanding prior to or after May 12, 1997, provided that such indebtedness was originally incurred for the purpose of acquiring or leasing equipment as defined in this chapter.

(15) To exercise any power granted by the laws of the state to public or private corporations which is not in conflict with the purpose of this chapter.

(16) To adopt and promulgate administrative regulations necessary or appropriate to effectuate its purpose and to designate the Alabama Commission on Higher Education as administrator of the program authorized herein.

(17) To maintain and prepare an annual report on the program for review by the Legislature and the Governor.

(Acts 1997, No. 97-388, p. 632, §5.)

§ 16-65-6 Bonds Generally

(a) Issuance of bonds. The authority is authorized and empowered to issue its bonds from time to time for the purpose of making equipment loans to finance equipment costs incurred or to be incurred by educational institutions. Such bonds may be in such aggregate principal amount as the board of directors shall determine to be necessary to pay the equipment costs included in such financing. The authority may pay from the proceeds of the sale of its bonds all expenses, including publication and printing charges, attorneys’ fees, financial advisory fees, and other expenses which the board of directors may deem necessary or advantageous in connection with the authorization, advertisement, sale, execution, and issuance of its bonds or the making of equipment loans from the proceeds thereof.

(b) Source of payment. All bonds issued by the authority shall be limited obligations of the authority payable solely from any combination of the following:

Bonds shall not be general obligations of the authority, shall not be payable from any state appropriations, and shall not create a debt or obligation of the state.

(c) Pledge of revenues, receipts, and other security. The principal of, premium, if any, and interest on any bonds issued by the authority shall be secured by a pledge of the revenues, receipts, funds, and other property out of which the same may be payable and may be secured by a trust indenture conveying as security for such bonds all or any part of the property of the authority from which the revenues or receipts so pledged may be so derived.

(d) Agreements respecting collection and disposition of proceeds; pledge of bond revenues; liens. The resolution of the board of directors under which any bonds are authorized to be issued and any trust indenture relating thereto may contain any agreements and provisions respecting the collection and disposition of the revenues and receipts subject to such trust indenture, the creation and maintenance of special funds from such revenues and receipts, the rights, duties, and remedies of the parties to any such instrument and the parties for the benefit of whom such instrument is made, and the rights and remedies available in the event of default, all as the board of directors shall deem advisable. Any pledge made with respect to bonds shall be valid and binding from the time such pledge is made; the revenues, receipts, funds, and other properties so pledged shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of such pledge shall be valid and binding as against all parties having claims of any kind against the authority irrespective of whether any such parties have notice thereof. Neither the resolution of the board of directors authorizing the bonds nor any other instrument by which such pledge is created need be recorded. Each pledge, agreement, or trust indenture made for the benefit or security of any holders of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid.

(e) Default. In the event of default in such payment or in any agreements of the authority made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any trust indenture executed as security therefor, such default may be enforced by writ of mandamus or any other available remedy under state law.

(f) Execution. All bonds issued by the authority shall be signed by the president or the vice president of the authority and attested by its secretary, and the seal of the authority shall be affixed thereto and attested to by the secretary. The signatures of the president and the secretary may be facsimile signatures and a facsimile of the seal of the authority may be imprinted on bonds if the board of directors provides for the manual authentication of bonds by a trustee or paying agent. Delivery of any bonds so executed shall be valid notwithstanding any change in the officers of the authority or in the seal of the authority after its delivery.

(g) General provisions respecting form, interest rate, maturities, sale, and negotiability of bonds. Bonds may be executed and delivered by the authority at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall contain such provisions not inconsistent with the provisions of this chapter, and shall bear such rate or rates of interest, payable and evidenced in such manner, or may bear no interest, as may be provided by resolution of the board of directors. Bonds of the authority may be sold at either public or private sale in such manner and at such price or prices and at such time or times as may be determined by the board of directors to be most advantageous. The authority may pay all fees, expenses, premiums, and commissions incurred in connection with the issuance of any of its bonds. All bonds shall be construed to be negotiable instruments although payable solely from a specified source. The board of directors of the authority may provide, with the participating educational institutions approval, that such bonds shall bear interest at a rate or rates fixed at the time of the issuance thereof, or at fixed rates which may be changed from time to time during the term of such bonds in accordance with an objective procedure determined by such board of directors at the time of the issuance of such bonds, or at a floating rate or rates which may change from time to time in connection with published interest rates or indexes that reflect an objective response to market changes and interest rates by banks, governmental agencies, or other generally recognized public or private sources of information concerning interest rates. The board of directors may also provide, in its discretion, that interest on such bonds may be payable in cash at fixed intervals, or through one or more payments which reflect compound interest computed at specified intervals on accrued but unpaid interest, or through a discount in the sales price for such bonds equivalent to compound interest on such bonds for all or part of the term thereof, or through any combination of the foregoing methods of providing for the payment of interest.

(Acts 1997, No. 97-388, p. 632, §6.)

§ 16-65-7 Proceeds from the Sale of Bonds, Revenues, and Other Funds

(a) After making adequate provision for the payment of the expenses of issuance, the authority is authorized and empowered to use the proceeds of any bonds, together with any other available funds (1) to finance equipment costs through equipment loans to educational institutions as herein authorized; (2) to fund such reserves as the authority deems necessary and desirable; and (3) to the extent not needed for the foregoing uses, to pay or redeem such bonds.

(b) Pending the application of the proceeds of bonds to the purpose or purposes of which such bonds were issued, such proceeds may be invested by the authority in such manner consistent with the resolution pursuant to which such bonds are issued, as the board of directors may deem advisable.

(c) Any and all revenues, receipts, investment earnings, and other funds paid to, or otherwise coming into the possession of, the authority as the result of financings accomplished from the proceeds of bonds, shall be held, deposited, administered, invested, and applied as provided in the resolution of the board of directors authorizing the issuance of such bonds and as provided in any trust indenture or other agreement delivered in connection therewith, or otherwise as the authority may direct, consistent with the provisions of such resolution, trust indenture, or other agreement.

(Acts 1997, No. 97-388, p. 632, §7.)

§ 16-65-8 Dedicated Source of Revenue as Security for the Repayment of Equipment Loans

In order to provide for the funding of an equipment loan by the authority to an educational institution, such educational institution shall establish a dedicated source of revenue to secure the repayment of moneys received from the authority. Such educational institution is hereby authorized and empowered, any existing statute to the contrary notwithstanding, to do and perform any one or more of the following:

(1) To obligate itself to pay to the authority at periodic intervals a sum sufficient to provide for the payment of debt service with respect to the bonds of the authority issued to fund the equipment loan made to such educational institution and to pay over such debt service to the authority for the account of such educational institution.

(2) To levy, collect, and pay over to the authority and to obligate itself to continue to levy, collect, and pay over to the authority the proceeds of any revenues dedicated for the purposes provided herein including, but not limited to, all of the following:

a. Any ad valorem tax voted under the Constitution of Alabama of 1901, for school purposes generally.

b. Any privilege, license, or excise tax or taxes that may be paid, apportioned, or allocated to or for the benefit of such educational institution.

c. Fees from students levied or to be levied by or for such educational institution.

d. Any other moneys or revenues received by such educational institution not appropriated by the state to such institution.

(3) To pledge as security for the payment of its contractual obligation to the authority hereunder the proceeds of any one or more of the sources specified in subdivision (2).

(4) To enter into such agreements, to perform such acts, and to delegate such functions and duties as its governing body shall determine to be necessary or desirable to enable the authority to fund an equipment loan to such educational institution.

(5) All bonds issued by the authority shall be solely and exclusively obligations of the authority, payable solely from the sources pledged to the payment thereof. No bonds issued under the provisions of this chapter shall constitute a debt or liability of the state or any political subdivision thereof other than the authority or a pledge of the faith and credit of the state or of any political subdivision thereof, but such bonds shall be payable solely from the sources pledged or available for such payment as authorized in this chapter.

(Acts 1997, No. 97-388, p. 632, §8.)

§ 16-65-9 Refunding Bonds

Any bonds issued by the authority may from time to time be refunded by the issuance, by sale or exchange, of refunding bonds or obligations payable from the same or different sources for the purpose of paying all or any part of the principal of the bonds to be refunded, any redemption premium required to be paid as a condition to the redemption prior to maturity of any such bonds that are to be so redeemed in connection with such refunding, any accrued and unpaid interest on the bonds to be refunded, any interest to accrue on each revenue bond to be refunded to the date on which it is to be paid, whether at maturity or by redemption prior to maturity, and the expenses incurred in connection with the refunding; provided, that unless duly called for redemption pursuant to provisions contained therein, the holders of any such bonds then outstanding and proposed to be refunded shall not be compelled without their consent to surrender their outstanding bonds for such refunding. Any refunded bonds or obligations may be sold by the authority at public or private sale at such price or prices as may be determined by the board of directors to be most advantageous, or may be exchanged for the bonds to be refunded. Any such refunding bonds or obligations may be executed and delivered by the authority at any time and from time to time, shall be in such form and denominations and have such tenor and maturities, shall contain such provisions not inconsistent with the provisions of this chapter, and shall bear such rate or rates of interest, payable and evidenced in such manner, as may be provided by resolution of the board of directors. Any refunding bonds or obligations issued by the authority shall be issued and secured in accordance with the provisions of Section 16-65-6.

(Acts 1997, No. 97-388, p. 632, §9.)

§ 16-65-10 Investment in Bonds

The State Treasurer may invest any idle or surplus moneys of the state in bonds of the authority. The governing body of any county or municipality is authorized in its discretion to invest any idle or surplus money held in its treasury in bonds of the authority. Such bonds shall be legal investments for executors, administrators, trustees, and other fiduciaries, unless otherwise directed by the court having jurisdiction of the fiduciary relation or by the document that is the source of the fiduciary’s authority, and for savings banks and insurance companies organized under the laws of the state.

(Acts 1997, No. 97-388, p. 632, §10.)

§ 16-65-11 Exemptions from Taxation, Fees, and Costs

The property and income of the authority, all bonds issued by the authority, the income from such bonds or from any other sources, the interest and other profits from such bonds enuring to and received by the holders thereof, conveyances by and to the authority and leases, mortgages, and deeds of trust by and to the authority shall be exempt from all taxation in the State of Alabama. The authority shall not be obligated to pay or allow the payment of any fees, taxes, or costs to the Secretary of State or to any judge of probate of any county in connection with the recording by it of any document or otherwise, the authority being hereby exempted from the payment of any such fees, taxes, and costs. No license or excise tax may be imposed by any authority with respect to the privilege of engaging in any of the activities in this chapter.

(Acts 1997, No. 97-388, p. 632, §11.)

§ 16-65-12 Venue and Jurisdiction

The authority’s legal situs or residence for the purpose of this chapter shall be Montgomery County. Any action to protect or enforce any rights under the provisions of this chapter shall be brought in the Circuit Court of Montgomery County, Alabama, and the court shall have exclusive original jurisdiction of all such actions.

(Acts 1997, No. 97-388, p. 632, §12.)

§ 16-65-13 Interest of Bondholders Protected; Enforceability

While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of any of its officers shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds. The provisions of this chapter shall be for the benefit of the state, the authority, and the holders of any such bonds, and upon the issuance of the bonds as herein provided, such provisions shall constitute a contract with the holders of such bonds. The provisions of any bond resolution, indenture, or trust agreement shall be a contract with every holder of such bonds and the duties of the authority under any such bond resolution, indenture, or trust agreement shall be enforceable by any bondholder by mandamus or other appropriate suit, action, or proceeding at law or in equity.

(Acts 1997, No. 97-388, p. 632, §13.)

§ 16-65-14 Moneys Considered Trust Funds

All moneys received by the authority pursuant to this chapter shall be deemed to be trust funds for the holders of the bonds and shall be held and applied for the benefit of the bondholders of the respective issues as provided in this chapter and as provided in the authorizing resolutions of the authority.

(Acts 1997, No. 97-388, p. 632, §14.)

Chapter 65A Distressed Institutions of Higher Education Revolving Loan Program

§ 16-65A-1 Program Created

[Repealed]

REPEALED BY ACT 2024-444, EFFECTIVE MAY 17, 2024.

There is created the Distressed Institutions of Higher Education Revolving Loan Program to be administered by the State Treasurer.

(Act 2023-560, §1.)

§ 16-65A-2 Application by Eligible Institution; Investigation; Approval and Award of Loan; Contract

[Repealed]

REPEALED BY ACT 2024-444, EFFECTIVE MAY 17, 2024.

(Act 2023-560, §2.)

§ 16-65A-3 Annual Report

[Repealed]

REPEALED BY ACT 2024-444, EFFECTIVE MAY 17, 2024.

(Act 2023-560, §3.)

§ 16-65A-4 Distressed Institutions of Higher Education Loan Program Fund

[Repealed]

REPEALED BY ACT 2024-444, EFFECTIVE MAY 17, 2024.

(Act 2023-560, §4.)

§ 16-65A-5 Recovery of Amounts Due

[Repealed]

REPEALED BY ACT 2024-444, EFFECTIVE MAY 17, 2024.

(Act 2023-560, §5.)

§ 16-65A-6 Powers of State Treasurer

[Repealed]

REPEALED BY ACT 2024-444, EFFECTIVE MAY 17, 2024.

(Act 2023-560, §6.)

§ 16-65A-7 Sunset Provision

[Repealed]

REPEALED BY ACT 2024-444, EFFECTIVE MAY 17, 2024.

(Act 2023-560, §7.)

Chapter 66 Alabama Workforce Council

§ 16-66-1 Creation; Purpose

This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-290.

(Act 2014-16, p. 50, §1.)

§ 16-66-2 Composition

This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-291.

(Act 2014-16, p. 50, §2.)

§ 16-66-3 Duties of Secretary of Commerce

This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-292.

(Act 2014-16, p. 50, §3.)

§ 16-66-4 Meetings

This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-293.

(Act 2014-16, p. 50, §4.)

§ 16-66-5 Terms of Members; Vacancies

This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-294.

(Act 2014-16, p. 50, §5.)

§ 16-66-6 Annual Report

This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-295.

(Act 2014-16, p. 50, §6.)

§ 16-66-7 Reimbursement for Expenses

This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-296.

(Act 2014-16, p. 50, §7.)

§ 16-66-8 Duties of Council

This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-297.

(Act 2014-16, p. 50, §8.)

Chapter 67 State Reciprocity Committee

§ 16-67-1 Reciprocity Committee and Fund

(a) There is created the State Reciprocity Committee. The membership of the committee shall consist of the following members:

(1) The Chancellor of the University of Alabama System, or his or her designee.

(2) The President of Auburn University, or his or her designee.

(3) The President of the University of South Alabama, or his or her designee.

(4) The Chancellor of the Alabama Community College System, or his or her designee.

(5) A president of a historically black college or university, or his or her designee, appointed by the Governor.

(b) At the organizational meeting of the committee, and annually thereafter, the membership of the reciprocity committee shall select the chair from among the membership of the reciprocity committee. The reciprocity committee shall make recommendations to the Governor on all issues, decisions, appointments, and designations necessary for the State of Alabama to participate and comply with reciprocity agreements.

(c) The reciprocity committee shall appoint and direct a state coordinator in doing all of the following:

(1) Negotiating reciprocal agreements with other states regarding the offering of educational services of Alabama institutions of higher education in other states.

(2) Negotiating reciprocal agreements allowing institutions of higher education in other states to offer educational services in this state.

(3) Coordinating Alabama’s compliance with efforts relating to reciprocity agreements.

(d) The coordinator shall act under the direction of the reciprocity committee in doing all of the following:

(1) Conferring with other institutions of higher education within the State of Alabama, including independent colleges and universities, and the Alabama Commission on Higher Education.

(2) Promptly informing the reciprocity committee of all developments.

(3) Coordinating and leading all activities, action, and efforts necessary for the State of Alabama to participate and comply with reciprocity agreements.

(e) The coordinator shall have no power to bind the State of Alabama to any agreements, as that power is reserved for the Governor.

(f)(1) The reciprocity committee shall select a portal agency. For the purposes of this section, a portal agency is an entity designated and managed by the reciprocity committee to serve as the point of contact for questions, complaints, and other communications from State Authorization Reciprocity Agreements (SARA) and other reciprocity agreements entered into by the State of Alabama that seek to establish comparable national standards for interstate offerings of postsecondary distance-education courses and programs.

(2) The reciprocity committee shall manage the activities of the portal agency through the coordinator and the portal agency shall make reports at least quarterly or more frequently upon the request of the coordinator. The quarterly reports shall include, at a minimum, data requested by the reciprocity committee and the coordinator.

(3) Commencing on May 5, 2015, every five years the reciprocity committee shall compile the data necessary to evaluate the effectiveness of SARA and other reciprocity agreements. Based on the outcomes of the evaluation, the committee may recommend to the Governor that the state withdraw from any reciprocity agreement that is counter to the best interests of Alabama students or the state for reasons including, but not limited to, overly high enrollment in institutions with low completion rates and high student loan default rates.

(g)(1) The reciprocity committee may annually establish fees to be collected by the portal agency from each Alabama SARA institution based on full-time enrollment and commensurate with the costs of administering SARA and other reciprocity agreements entered into by the State of Alabama that seek to establish comparable national standards for interstate offerings of postsecondary distance-education courses and programs, except that such fees shall be limited as follows: Initial application and subsequent annual renewal fees which, by dollar amount, may not exceed the respective individual institution fees assessed by the National Council for SARA, or its successor entity. In the event the National Council for SARA determines to waive or terminate the assessment of fees for participating institutions, then the fee applicable to participating Alabama SARA institutions shall be the same as those fees assessed in the prior fiscal year.

(2) All fees collected pursuant to this subsection shall be deposited and credited to a dedicated Reciprocity Fund, which is hereby created in the State Treasury, for use by the portal agency as designated by the reciprocity committee. All monies deposited into the Reciprocity Fund are hereby appropriated to the portal agency for the fiscal year ending September 30, 2015, and for the fiscal year ending September 30, 2016.

(3) The fees to be collected by the reciprocity committee shall accompany an application for voluntary participation in SARA and the annual renewal thereof.

(h) If the institution of a member of the reciprocity committee is under investigation for a SARA complaint, the member shall recuse himself or herself from any discussions or proceedings relating to that investigation.

(Act 2015-122, §2.)

Chapter 68 Free Speech Rights for Students, Faculty, and Staff

§ 16-68-1 Legislative Findings

The Legislature makes the following findings:

(1) Article I, Section 4 of the Constitution of Alabama of 1901, recognizes that all persons may speak, write, and publish their sentiments on all subjects, and that “no law shall ever be passed to curtail or restrain the liberty of speech....”

(2) Alabama’s public institutions of higher education have historically embraced a commitment to freedom of speech and expression.

(3) The United States Supreme Court has called public universities “peculiarly the marketplace of ideas,” Healy v. James, 408 U.S. 169, 180 (1972), where young adults learn to exercise those constitutional rights necessary to participate in our system of government and to tolerate the exercise of those rights by others, and there is “no room for the view that First Amendment protections should apply with less force on college campuses than in the community at large.” Healy, 408 U.S. at 180.

(4) The United States Supreme Court has warned that if state-supported institutions of higher education stifle student speech and prevent the open exchange of ideas on campus, “our civilization will stagnate and die.” Sweezy v. New Hampshire, 354 U.S. 234, 250 (1957).

(5) A significant amount of taxpayer dollars is appropriated to public institutions of higher education each year, and all public institutions of higher education should strive to ensure the fullest degree of intellectual and academic freedom and free expression and recognize that it is not their proper role to shield individuals from speech that is protected by the First Amendment to the United States Constitution, including ideas and opinions the individuals may find unwelcome, disagreeable, or offensive.

(6) Freedom of expression is critically important during the education experience of students, and each public institution of higher education should ensure free, robust, and uninhibited debate and deliberation by students.

(7) The 1974 Woodward Report, published by the Committee on Free Expression at Yale, the 2015 report issued by the Committee on Freedom of Expression at the University of Chicago, and the 1967 Kalven Committee Report of the University of Chicago articulate well the essential role of free expression and the importance of neutrality at public institutions of higher education to preserve freedom of thought, speech, and expression on campus.

(8) It is a matter of statewide concern that all public institutions of higher education provide adequate safeguards for the First Amendment rights of students, and promote, protect, and uphold these important constitutional freedoms through the re-examination, clarification, and re-publication of their policies to ensure the fullest degree possible of intellectual and academic freedom and free expression.

(Act 2019-396, §1.)

§ 16-68-2 Definitions

For the purposes of this chapter, the following words have the following meanings:

(1) BENEFIT. Recognition, registration, the use of facilities of a public institution of higher education for meetings or speaking purposes, the use of channels of communications, and funding sources that are available to student organizations at the public institution of higher education.

(2) CAMPUS COMMUNITY. A public institution of higher education’s students, administrators, faculty, and staff, as well as the invited guests of the institution and the institution’s student organizations, administrators, faculty, and staff.

(3) FREE SPEECH ZONE. An area on campus of a public institution of higher education that is designated for the purpose of engaging in a protected expressive activity.

(4) HARASSMENT. Expression that is so severe, pervasive, and objectively offensive that it effectively denies access to an educational opportunity or benefit provided by the public institution of higher education.

(5) MATERIALLY AND SUBSTANTIALLY DISRUPTS. A disruption that occurs when a person: a. Significantly hinders the protected expressive activity of another person or group, prevents the communication of a message of another person or group, or prevents the transaction of the business of a lawful meeting, gathering, or procession by engaging in fighting, violence, or other unlawful behavior; or b. Physically blocks or uses threats of violence to prevent any person from attending, listening to, viewing, or otherwise participating in a protected expressive activity. Conduct that materially and substantially disrupts does not include conduct that is protected under the First Amendment to the United States Constitution or Article I, Section 4 of the Constitution of Alabama of 1901. Protected conduct includes, but is not limited to, lawful protests and counter-protests in the outdoor areas of campus generally accessible to members of the public, except during times when those areas have been reserved in advance for other events, or minor, brief, or fleeting nonviolent disruptions of events that are isolated and short in duration.

(6) OUTDOOR AREAS OF CAMPUS. The generally accessible outside areas of the campus of a public institution of higher education where members of the campus community are commonly allowed including, without limitation, grassy areas, walkways, and other similar common areas.

(7) PROTECTED EXPRESSIVE ACTIVITY. Speech and other conduct protected by the First Amendment to the United States Constitution, to the extent that the activity is lawful and does not significantly and substantially disrupt the functioning of the institution or materially and substantially disrupt the rights of others to engage in or listen to the expressive activity, including all of the following:

a. Communication through any lawful verbal, written, or electronic means.

b. Participating in peaceful assembly.

c. Protesting.

d. Making speeches.

e. Distributing literature.

f. Making comments to the media.

g. Carrying signs or hanging posters.

h. Circulating petitions.

For purposes of this chapter, the term does not include expression that relates solely to the economic interests of the speaker and its audience and proposes an economic transaction.

(8) PUBLIC INSTITUTIONS OF HIGHER EDUCATION. As defined in Section 16-5-1.

(9) STUDENT. Any person who is enrolled in a class at a public institution of higher education.

(10) STUDENT ORGANIZATION. An officially recognized group at a public institution of higher education or a group seeking official recognition, composed of admitted students that receive or are seeking to receive benefits through the institution.

(Act 2019-396, §2.)

§ 16-68-3 Adoption of Free Expression Policy

(a) On or before January 1, 2021, the board of trustees of each public institution of higher education shall adopt a policy on free expression that is consistent with this chapter. The policy, at a minimum, shall adhere to all of the following provisions:

(1) That the primary function of the public institution of higher education is the discovery, improvement, transmission, and dissemination of knowledge by means of research, teaching, discussion, and debate, and that, to fulfill that function, the institution will strive to ensure the fullest degree possible of intellectual freedom and free expression.

(2) That it is not the proper role of the institution to shield individuals from speech protected by the First Amendment to the United States Constitution and Article I, Section 4 of the Constitution of Alabama of 1901, including without limitation, ideas and opinions they find unwelcome, disagreeable, or offensive.

(3) That students, administrators, faculty, and staff are free to take positions on public controversies and to engage in protected expressive activity in outdoor areas of the campus, and to spontaneously and contemporaneously assemble, speak, and distribute literature.

(4) That the outdoor areas of a campus of a public institution of higher education shall be deemed to be a forum for members of the campus community, and the institution shall not create free speech zones or other designated outdoor areas of the campus in order to limit or prohibit protected expressive activities.

(5) That the campus of the public institution of higher education shall be open to any speaker whom the institution’s student organizations or faculty have invited, and the institution will make all reasonable efforts to make available all reasonable resources to ensure the safety of the campus community, and that the institution will not charge security fees based on the protected expressive activity of the member of the campus community or the member’s organization, or the content of the invited guest’s speech, or the anticipated reaction or opposition of the listeners to the speech.

(6) That the public institution of higher education shall not permit members of the campus community to engage in conduct that materially and substantially disrupts another person’s protected expressive activity or infringes on the rights of others to engage in or listen to a protected expressive activity that is occurring in a location that has been reserved for that protected expressive activity and shall adopt a range of disciplinary sanctions for anyone under the jurisdiction of the institution who materially and substantially disrupts the free expression of others.

(7) That the public institution of higher education may maintain and enforce constitutional time, place, and manner restrictions for outdoor areas of campus only when they are narrowly tailored to serve a significant institutional interest and when the restrictions employ clear, published, content-neutral, and viewpoint-neutral criteria, and provide for ample alternative means of expression. All restrictions shall allow for members of the university community to spontaneously and contemporaneously assemble and distribute literature.

(8) That the public institution of higher education shall support free association and shall not deny a student organization any benefit or privilege available to any other student organization or otherwise discriminate against an organization based on the expression of the organization, including any requirement of the organization that the leaders or members of the organization affirm and adhere to an organization’s sincerely held beliefs or statement of principles, comply with the organization’s standard of conduct, or further the organization’s mission or purpose, as defined by the student organization.

(9) That the institution should strive to remain neutral, as an institution, on the public policy controversies of the day, except as far as administrative decisions on the issues that are essential to the day-to-day functioning of the university, and that the institution will not require students, faculty, or staff to publicly express a given view of a public controversy.

(10) That the public institution of higher education shall prohibit harassment in a manner consistent with the definition provided in this chapter, and no more expansively than provided herein.

(b) The policy developed pursuant to this section shall supersede and nullify any prior provisions in the policies of the institution that restrict speech on campus and are, therefore, inconsistent with this policy. The institution shall remove or revise any of these provisions in its policies to ensure compatibility with this policy.

(c) Public institutions of higher education shall include in the new student, new faculty, and new staff orientation programs a section describing to all members of the campus community the policy developed pursuant to this section. In addition, public institutions of higher education shall disseminate the policy to all members of the campus community and make the policy available in their handbooks and on the institutions’ websites.

(Act 2019-396, §3.)

§ 16-68-4 Report to Governor and Legislature Regarding Implementation of Chapter Requirements

The boards of trustees of each public institution of higher education shall submit to the Governor and the Legislature a report that details both of the following:

(1) The course of action implemented to ensure compliance with the requirements of this chapter by September 29, 2020.

(2) Any changes or updates to the chosen course of action within 30 days after making the changes or updates.

(Act 2019-396, §4.)

§ 16-68-5 Annual Report

(a) By September 1 of each year, the board of trustees of each public institution of higher education shall prepare and disseminate a report for the prior 12-month period ending July 31, that includes all of the following:

(1) The date and description of each violation of the policy adopted pursuant to this chapter.

(2) A description of the administrative handling and discipline relating to each violation described.

(3) A description of substantial difficulties, controversies, or successes in maintaining a posture of administrative and institutional neutrality.

(4) Any assessments, criticism, commendations, or recommendations the board of trustees sees fit to include.

(b) Each board of trustees shall cause the report to be published in a prominent location on its institution’s website. In addition, each board of trustees shall submit a copy of the report to the Alabama Commission on Higher Education, which shall publish the report in a prominent location on its website and notify the Governor and the Legislature of its receipt of the report.

(Act 2019-396, §5.)

§ 16-68-6 Regulation of Unprotected Speech, Expression, Etc

Nothing in this chapter shall be construed to prevent public institutions of higher education from regulating and restricting speech, expression, or a protected expressive activity that is not protected by the United States Constitution or the Constitution of Alabama of 1901, including, but not limited to, any of the following:

(1) Violations of state or federal law, including, but not limited to, actions that damage institutional property.

(2) Expressions that a court has deemed unprotected defamation.

(3) Harassment.

(4) True threats, which are defined as statements meant by the speaker to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.

(5) An unjustifiable invasion of privacy or confidentiality not involving a matter of public concern.

(6) An action that unlawfully disrupts the function or security of the institution.

(Act 2019-396, §6.)

§ 16-68-7 Violations

The following persons may bring an action in a court of competent jurisdiction to enjoin any violation of this chapter or a policy adopted pursuant to this chapter:

(1) The Attorney General.

(2) A person whose expressive rights are violated by a violation of this chapter or the policy adopted pursuant to this chapter.

(Act 2019-396, §7.)

§ 16-68-8 Legislative Intent

It is the intent of the Legislature that constitutionally created boards of trustees comply with the requirement of this chapter.

(Act 2019-396, §8.)