Education

LWVAL Action Priority Level II - Monitoring occurs; action dependent on opportunity and available resources.

Click a bill to see sponsor(s), summary (including link to full text), League action and justification for that action, and progress of the bill through the legislative process.

Legend:
thumbs_up_icon.jpg = LWVAL's support for the legislation.
thumbs_down_icon.jpg = LWVAL's opposition to the legislation.
green-right-arrow.jpg = new bill activity; change from previous week's report such as new progress in the legislature and/or League action. Bill may be one newly added to the report. These updates are in green font.

LWVAL has taken a position on these bills:

thumbs_up_icon.jpgSB187 - Schools, Alabama Accountability Act, Act 2013-64, 2013 Reg. Sess., repealed; Secs. 16-6D-1 to 16-6D-10, inclusive, repealed

Sponsor(s): Senators Bedford, Coleman, Smitherman, Figures, Ross,Sanders, Keahey, Beason, Dunn, Singleton and Irons

Summary/Synopsis: This brief bill repeals the Academic Accountability Act of 2013.

League Action and Justification: Support.

The League of Women Voters of Alabama supports maintaining and improving a system of free public schools in Alabama based on the belief that a free public education which provides equal opportunity for all its citizens is an investment in the future.

League believes the 2013 law weakens public education rather than taking steps to improve it.

Bill Progress in Legislature:

01/15/2013: First Reading and referred to the

thumbs_down_icon.jpgSB38 - Education, State Department of Education not to regulate a license private, nonpublic, or church schools, clarified, public 2-year and 4-year institutions may not deny admittance to student based on attendance at private, nonpublic, or church school, State Department of Education may not deny certification to person because was employed by private, nonpublic or church school, Secs. 16-1-11, 16-28-7, 16-46-1 to 16-46-10, inclusive, am'd.

Sponsor(s): Senators Brewbaker and Marsh

Summary/Synopsis:
This bill would clarify that private, nonpublic, and church schools offering instruction in grades K-12, are not subject to licensure or regulation by the State Department of Education and clarify that private, nonpublic, and church schools offering instruction in grades K-12, are not subject to licensure or regulation by the State Department of Education.

This bill would prohibit any public two-year or four-year institution of higher education from denying admittance to an otherwise qualified student on the basis that the student was home schooled or attended private, nonpublic, or church school.

This bill would also prohibit the State Department of Education from denying certification to an otherwise qualified person on the basis that the person was employed by an elementary or secondary private, nonpublic, or church school.

League Action and Justification: Oppose.

Analysis: This bill specifically prohibits the licensing and regulation of private, religious, and home schools. Such establishments and operations are required to file, using the same forms as public schools, weekly reports of attendance, as well as reports of physical facilities, faculty, etc, but this is presumably just "for the record," as regulation is prohibited. Public post-secondary schools are prohibited from rejecting graduates of these unregulated institutions simply because they come from them, if they meet the college's admission requirements, which presumably would be satisfactory ACT or SAT scores. The remainder of the bill discusses recognition of non-public post-secondary programs, which may be a way of protecting people from fraudulent for-profit or distance-learning schemes (a good thing). There is a large section on fraud, no directions for reporting it.

League is concerned with lack of regulation of elementary and secondary programs. The allowance for colleges to set admission standards protects the college-bound, but what about the home, privately, and religiously-schooled children who do not apply to colleges?

Bill Progress in Legislature:

01/14/2014: Read for the First times and referred to the
01/15/2014:
Read for the 2nd time and placed on the calendar with 1 Substitute (156515-2); pending 3rd reading from Education with one Substitute

01/28/2014: 3rd Reading Carried Over to the Call of the Chair; Education 1st Substitute (156515-2) Offered; Brewbaker motion to Adopt adopted by Roll call (21-0-0); Ross Amendment (157240-1) Offered; Ross Motion to Adopt adopted by Roll Call (21-0-0); Brewbaker Motion to Carry Over to the Call of the Chair adopted Voice Vote; 3rd Reading Passed; Motion to Read a 3rdTime and Pass Adopted by Roll Call (21-0-0).

01/31/2014: Engrossed.

House:

01/30/2014: Read for the First Time in the House and referred to the
02/20/2014: 2nd Read and placed on the calendar; pending 3rd Read and Favorable form EP

03/11/2014: 3rd Reading Passed;
McClurkin Amendment Offered (159097-4); Motion to Adopt adopted by Roll Call (66-28-4); McClurkin intended to vote “Yea”
Motion to Read a 3rd Time and Pass adopted by Roll Call

Note: The amendment removes some requirements being met as established by the Dept. of Education.

Senate:

03/13/2014: Concurrence Requested; Senate Rules Committee Petition to Cease Debate adopted by Roll Call Smitherman motion to Concur in House Amendment Lost (2-29-0)

Marsh motion to Non Concur and Appoint Conference Committee adopted by Roll Call (29-0-0); P&PO appoints Brewbaker, Pittman & Ross

House:

03/18/2014: Conference Committee Requested; Hubbard (J) motion to Accede adopted by Roll Call (87-0-0); House appoints Hubbard (J), Henry and McClurkin

Senate:

03/19/2014: Conference Report; Conference Committee on SB38 2014RS first Substitute (160715-1) Offered;
Brewbaker motion to Concur In and Adopt adopted by Roll Call (24-2-0);


House:

03/19/2014: Conference Report Concurrence Requested; Hubbard (J) motion to Concur In and Adopt adopted by Roll Call (62-24-4)

Senate:

03/19/2014: Concurred in Conference Report;

House:

03/19/2014: Signature Requested.

Senate: 03/19/2014: Enrolled

Forwarded to Governor on March 19, 2014 at 7:09 p.m.

Note: The Conference Committee Substitute redefines the following as: 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. CHURCH SCHOOL -- Includes only such schools that offer instruction in grades K-12, or any combination thereof, including the kindergarten, elementary, or secondary level 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 on a nonprofit basis which do not receive any state or federal funding. In addition private post-secondary institutions are further defined and conditions on their operations outlined.

thumbs_down_icon.jpgHB354 - Education, State Department of Education not to regulate a license private, nonpublic, or church schools, clarified, public 2-year and 4-year institutions may not deny admittance to student based on attendance at private, nonpublic, or church school, State Department of Education may not deny certification to person because was employed by private, nonpublic or church school, Secs. 16-1-11, 16-28-7, 16-46-1 to 16-46-10, inclusive, am'd.

Sponsor(s): Representative J. Hubbard

Summary/Synopsis: This bill would clarify that private, nonpublic, and church schools offering instruction in grades K-12, are not subject to licensure or regulation by the State Department of Education. This bill would prohibit any public two-year or four-year institution of higher education from denying admittance to an otherwise qualified student on the basis that the student was home schooled or attended private, nonpublic, or church school.

This bill would also prohibit the State Department of Education from denying certification to an otherwise qualified person on the basis that the person was employed by an elementary or secondary private, nonpublic, or church school.

League Justification and Action: Oppose

This House version of SB38 removes non-public elementary and secondary schools from regulation by the state. It has more specific provisions to prevent post-secondary institutions from carrying out fraudulent operations, a problem with some for-profit institutions. That is a good thing, but the lack of regulation of raises serious issues about whether home-schooled and privately schooled children will receive a good basic education.

Bill Progress in Legislature:

01/23/2014: First Reading and referred to the

green-right-arrow.jpgthumbs_down_icon.jpgSB443: Public K-12 Education, moratorium on further adoption of common core until 1/1/17, local board of education may opt out and use alternative curriculum, advisory commission created

Sponsor(s): Senators Beason, Glover, Sanford, McGill, Holley, Marsh, Ward, Hightower, Allen, Smith, Whatley, Pittman and Reed

Summary/Synopsis: Under existing law, the State Board of Education has adopted, for implementation in the public K-12 schools of the state, the curriculum provided for Mathematics and English Language Arts pursuant to the educational initiative commonly referred to as the Common Core State Educational Standards. This bill would authorize a local board of education to opt out of the common core curriculum for one or both of those subject areas and to implement an alternative curriculum for those subject areas in the local school system.

The bill declares a moratorium on further adoption of Common Core curriculum materials until January 1, 2017 and allows school districts now using math and English cores to opt out of one or both. It specifically prohibits use of Common Core materials in Science, History, and Social Studies, and says that the English and Language Arts curriculum must be "traditional."

The State Board of Education is to test K-12 students at three grade points in their education and must use the curriculum in place prior to establishment of Common Core Standards.

There is also a provision for creating an Alabama Curriculum Standards Commission consisting of one teacher and one parent of a K-12 public school student from each congressional District, with due attention to "diversity" city, rural, race, etc. The commission would “independently evaluate the testing procedures and results of testing of all public schools” and “compare the results of the schools based on the form of curriculum utilized.” Their annual report must be sent to the governor and the chairs of the House and Senate education committees in time for the 2016 and 2017 legislature sessions.

League Action and Justification: Oppose

The League is concerned about the utility of the proposed commission, whether the bill is a preemptive move against common core requirements in other areas such as science, history, and social studies, and if it is intended to keep "objectionable" books off the reading lists. League supports strengthening curriculum requirements and believes curriculum decisions should be made with State Board of Education guidance based on the input of qualified professionals not politicians.

Bill Progress in Legislature:

03/05/2014: Read for the first time and referred to Senate committee on Education

03/12/2014: 2nd Read and placed on the calendar; pending 3rd reading and Favorable from Education.

04/01/2014: Indefinitely Postponed
LWVAL is monitoring these bills:

green-right-arrow.jpgHB1/SB1 - Alabama Ahead Act. commencing with 2014-2015 school year, revised to delete pen-enabled requirement, phase-in requirement and reassignment provisions, advisory committee revised, schools given question of participating, local school systems to contribute 25 percent of funding, Secs. 16-16B-1, 16-16B-2 am'd.

HB1 Sponsor: Representative McClendon

SB1 Sponsor: Senator Dial

Summary/Synopsis: Under existing law, the Alabama Ahead Act, commencing with the 2012-2013 school year, phased in the provision of textbooks and other instructional materials to students and teachers in electronic format through pen-enabled tablets and mobile computers. The law provides for the reassignment of the tablets and mobile computers to students, requires the State Department of Education to establish an advisory committee, and provides for a bond issue. The law authorizes the Alabama Public School and College Authority to issue bonds for the purposes of the law contingent upon a separate legislative enactment.

This bill, commencing with the 2014-2015 school year, would delete the requirement that the tablets and mobile computers be pen-enabled, would delete the phase-in provisions, would delete the reassignment provisions, and would revise the composition of the advisory committee.

This bill would provide local school systems with the option of participating in the plan, and would require participating systems to contribute 25 percent of the funding from local school system funds, unless the requirement is waived or reduced by the State Department of Education based on the financial condition of the local school system.

This bill would also amend the contingent implementation act provided in the originating act in order to allow bonds to be issued by the Alabama Public School and College Authority.

League Action and Justification: Monitor

LWVAL’s Education position includes the following: “The League of Women Voters of Alabama supports maintaining and improving a system of free public schools in Alabama based on the belief that a free public education which provides equal opportunity for all its citizens is an investment in the future.” It supports: “Provision of free textbooks for public schools as part of a total needs approach.” “Adequate financing” is another important part of the position.

This bill moves the state a small step forward toward these goals by fostering the use of modern technology, creating a financing system to pay for 75% of the cost, and allowing the Alabama Department of Education to waive all or part of the remaining 25% of costs for school systems in financial difficulty. However, it makes participation by the school systems voluntary.

Therefore, the bill and its progress is reported here for information purposes.

Bill Progress in Legislature:

HB1

01/14/2014:

First Reading and referred to the

SB1

01/14/2014:

First Reading and referred to the

01/15/2014:
2nd reading and placed on the calendar with 1 amendment from FTE (156401-2); pending 3rd reading and Favorable from FTE with 1 amendment

02/04/2014: 2rd Reading Carried Over; F&TE Amendment Offered; Dial motion to Carry Over adopted by Voice Vote; Further Consideration.

02/20/2014: 3rd Reading Carried Over; Dial motion to Adopt Adopted by Roll Call vote; Pittman Amendment (159029-3) Offered; Pittman Motion to Adopt Adopted by Roll Call Vote (31-0-0); Dial motion to Carry Over adopted by Voice Vote; Further Consideration.

03/06/2014: 3rd Reading Passed; Dial Amendment (159973-1) Offered; Dial motion to Adopt adopted by Roll Call (31-0-0); McGill Amendment (159976-1 ) Offered; Dial motion to Table adopted by Voice Vote; Motion to Read a 3rd Time and Pass adopted by Roll Call (19-11-0)

NOTE: The Dial Amendment makes only minor changes in the bill.

03/11/2014: Engrossed

House:

03/11/2014: Read for the 1st time in the
04/02/2014: 2nd Read and placed on the Calendar with 3 Amendments; pending 3rd Read and Favorable from W&ME with 3 W&ME Amendments (161323-2; 161344-1; 161249-2)


SB39 - Taxation, exempt private schools from sales and use tax

Sponsor(s): Senators Whatley and Brewbaker

Summary/synopsis: Certain items and organizations are exempted from sales and use taxes in the Code of Alabama 1975. This bill retroactively clarifies and confirms that the gross proceeds of sales of tangible personal property to, or the storage, use, or other consumption of tangible personal property by, private schools, colleges, and universities located in Alabama continue to be exempt from state and local sales and use tax, as provided in Act 371 of the 1959 Regular Session. Consistent with that act, this bill also retroactively clarifies and confirms that the exemption from sales and use taxes continues to apply to lunches sold to both public and private school children within school buildings. [Note: “Private schools” refer to both for profit and nonprofit operations.]

League Action and Justification: Monitor for member information.

Bill Progress in Legislature:

01/14/2014: Read for the First time and referred to the
01/15/2014: Read for the 2nd time and placed on the calendar; pending third read and favorable from FTE

HB307 - Accountability Act of 2013, proposed by HB 84, 2013 Reg. Sess., Act 2013-__, 2013 Reg. Sess., repealed

Sponsor(s): Representatives Ford, McCampbell, Jackson, Melton, Black, Scott, Buskey, Coleman-Evans and Boyd

Summary/Synopsis: Changes the name of the Accountability Act to Local Control School Flexibility Act and amends sections 16-6D-1, 3, and 4 of the Accountability Act. It also repeals Sections 16-6D8 and 9. These are the changes:
• Section 16-6D-1 Name change as above
• Section 16-6D-2 modifies purpose statement slightly
• Section 16-6D-3 modifies definitions slightly
• Section 16-6D-8 and 9 deal with income tax credits and scholarships. It removes all tax credits and scholarship donation credits from the 2013 act.

League Action and Justification: Monitor.

League supports a free public education system and recognizes that the tax credits and scholarship donations in the 2013 act drain funds from the public schools. The bill is being monitored to determine if there is likelihood of movement from committee.

Bill Progress in Legislature:

01/21/2014: Read for the First time and referred to the

SB308/SB316 (the same bill) - Education, State Board of, intervention in educational operations of local boards of education, conditions warranting intervention revised, Sec. 16-6E-4 am'd.

SB308 Sponsor(s): Senator Brewbaker
SB316 Sponsor(s): Senator Brewbaker

Summary/Synopsis: Under existing law, the State Board of Education may intervene in the educational operations of a local board of education upon a determination by the State Superintendent of Education that certain conditions exist and written notice by the State Superintendent of Education to the local board of education to show cause why intervention should not be implemented.

This bill would provide further for the conditions that warrant issuance of written notice and would provide that the notice be issued to the local superintendent of education and the presiding officer of the local school system in lieu of the presiding officer of the city or county board of education.

The bill provide for the intervention of the State Board of Education in the affairs of local boards in specified cases: If the system's accrediting agency has put a majority of the schools in the system on probation or taken other disciplinary action against schools in that system, or if the system or schools in it are found not to be in compliance with pertinent state regulations, or if a majority of the schools in the system are priority schools. It details the method of contacting the boards and superintendents involved and the mechanisms for their response. An appropriate response might prevent the threatened intervention. How pupils and personnel affected would be handled in case of intervention is also detailed.
League Action and Justification: Monitor for information purposes.

Bill Progress in Legislature:

SB308:
02/04/2014: Read for the first time and referred to the

SB316:
02/06/2014: Read for the first time and referred to the
02/12/2014: 2nd Read and placed on the calendar; pending 3rd reading and Favorable from Education

03/11/2014: 3rd Reading Passed; Ross Amendment Offered (160212-1); Ross motion to Adopt adopted by Roll Call Vote;
Motion to Read a 3rd Time and Pass Adopted by Roll Call Vote

3/13/2014: Engrossed

House:

3/13/2014: Read for the first time and referred to the

03/18/2014: 2nd Read and placed on the Calendar; pending 2rd Read and Favorable from EP

HB479/SB428 - Virtual Public Schools Act, local boards of education may provide alternative choice for education via the Internet

HB479 Sponsor(s): Representative Fincher

SB428 Sponsor(s): Senators Ross and Brewbaker

Summary/Synopsis: This bill provides for setting up a virtual public school system at the elementary and secondary levels. Just how this would be done is not specified, but provisions are made for its being done either by the State Board of Education or by local school boards. Teachers presenting lessons would be certified to teach in the public schools. Students could take all or part of their classes in this way.

League Action and Justification: Monitor. League to keep members with an interest in and/or experience in public education informed about this bill.

Bill Progress in Legislature:

HB479:

02/13/2014:
Read for the first time and referred to the

SB428:

03/04/2014: Read for the first time and referred to the
03/05/2014: 2nd Read and placed on the calendar; pending 3rd Read and Favorable form Education.

03/18/2014: 3rd Reading Passed; Motion to Read a 3rd Time and Pass adopted by Roll Call (31-0-0)

House:

03/2014: Read for the first time and referred to the


SB430 - Public education, institutions of higher education under direction of Alabama Council of College and University Presidents to create digital textbooks for free download by public K-12 schools

Sponsor(s): Senators Beason, Sanford, Allen, and Glover

Summary/Synopsis: This bill requires the council of presidents of state colleges and Universities to establish a library of digital texts for use in all K-12 schools for downloading in public schools at no cost to the users. The State Textbook Committee would monitor all texts for suitability, lack of bias, etc. The State Supercomputer Authority is tasked with placing the textbooks on its supercomputer.

League Action and Justification: Monitor

It is not clear who would pay for copyrights, etc. involved with putting texts on line or the cost of implementing and maintaining the computer library. The Legislative Fiscal Office cannot estimate the costs to the universities and colleges or the Supercomputer Authority or the cost savings to the local school systems. The bill suggests textbooks would be created for the library and all rights would be held by the State.

The League of Women Voters of Alabama based on its study of the educational system in the state does support “maintaining and improving a system of free public schools in Alabama based on the belief that a free public education which provides equal opportunity for all its citizens is an investment in the future.” Improvements it endorses include:
  1. Provision of free textbooks for public schools as part of a total needs approach.
  2. Creation and maintenance of a process for selecting and distributing free textbooks. That system should meet the following criteria: (a) Selection and final adoption of textbooks by a committee composed of outstanding members of the teaching profession chosen by methods free of political influence. (b) Selection of the best textbooks nationally available based on valid educational objectives. (c) Ordering and distributing textbooks on a nonprofit basis by the State Department of Education and the local Boards of Education.

Bill Progress in Legislature:

03/04/2014: Read for the first time and referred to the

SB438 - State Superintendant of Education, change from appointed to elected, term provided, amend Amendment 284, const. amend.

Constitutional Amendment

Sponsor(s): Senator Beason

Summary/Synopsis: Under existing law, the State Superintendent of Education is appointed by the State Board of Education. This bill would propose an amendment to the Constitution of Alabama of 1901, to provide for the election of the State Superintendent of Education. This constitutional amendment makes the State Superintendent of Education an elective office.

Candidates would run on a non-partisan ballot for a four year term. (This would negate an earlier amendment that made the Superintendent an appointed position.)

League Action and Justification: Monitor

League has no position on how the Superintendent of Education should be selected.

Bill Progress in Legislature:

03/05/2014: Read for the first time and referred to the

green-right-arrow.jpgSB420/HB546 - Schools, nonpublic K-12 schools, autonomy of clarified, Secs. 16-28-1, 16-28-5, 16-28-7 repealed

SB420 Sponsor(s): Senators Brewbaker and Hightower

HB546Sponsor(s): Representatives Henry, Collins, Wallace, Fincher, Weaver, and Harper

Summary/Synopsis: These bills would establish the Educational Opportunities Act. They do the following:
  1. further clarify the autonomy of nonpublic schools, including church, parochial, and private schools offering instruction in grades K-12.;
    2 require nonpublic schools to annually identify with the State Department of Education and set forth procedures for disposal of student records when a school ceases to exist
    3 establish guidelines for private tutors offering instruction to students in grades K-12
    4 clarify that students transferring from nonpublic schools to a public school are accepted by the public schools in the same manner as transfer students from other public schools
    5 require the State Department of Education and local boards of education to recognize all accrediting agencies of primary and secondary schools that are recognized by the United States Department of Education
    6 require each nonpublic school to comply with attendance laws and perform criminal history background checks on employees in accordance with law;
    7 prohibit any public postsecondary institution or program, including the Alabama Fire College and any police academy, from denying admission of, and to prohibit the state from denying employment of, a student solely on the basis that he or she graduated from a secondary nonpublic school prior to the effective date of this act; and
    8 establish a nonpublic school advisory committee to address concerns of nonpublic schools with the State Department of Education.


League Action and Justification: Monitor

The League has no formal position on these matters. Our education positions support maintenance of an adequately funded public education system. In various areas it recognizes the need to utilize properly trained professionals for guidance in educational matters.

These bills further clarify legislation reviewed earlier in the legislative session that provide for the deregulation of private and parochial schools. These bills essentially say that while state attendance and reporting laws and laws requiring background checks of personnel must be obeyed, non-public schools are not required to be certified by any certification body, and no graduate of these schools can be required to pass the GED or be denied admission to any state post-secondary institution because their diploma is from a non-certified high school, assuming they otherwise meet entrance requirements.

Bill Progress in Legislature:

SB420:

02/27/2014: Read for the First time and referred to the
HB546:

02/26/2014:
Read for the first time and referred to the
03/18/2014: 2nd Read and placed on the calendar with 1 Substitute (160416-6) and 1 Amendment (160629-1); EP 1st Substitute Offered; pending 3rd Read and Favorable from EP with 1 Substitute and 1 Amendment; EP 1st Amendment Offered

04/01/2014: Indefinitely Postponed



HB558 - Alabama Accountability Act, $7,500 limit on scholarship contributions by individual taxpayers removed, pass-through entities allowed to make contributions to scholarship granting organizations, release date for unaccounted scholarship funds moved, reporting period changed from calendar to school year, Sec. 16-6D-9 am'd.

Sponsor(s): Representatives Fincher and McClurkin

Summary/Synopsis: This bill is yet another amendment to the Accountability Act.

  1. It modifies the definition of a failing school so that the criteria as of June 1, 2017 will be that a school has been cited as consistently low performing in a grant application by the State D of Ed to the US D of Ed. OR Has been designated as failing by the State Superintendent, OR received one F or three D grades in the system currently used by the state, OR be in the bottom 10% of schools on the state standardized tests in reading and math as of June 1, 2017.
  2. It eliminates the limit on scholarship contributions by individuals.
  3. Allows Alabama S corporations and Subchapter K entities to contribute to the scholarship funds and the credits they may claim to pass through to their owners.

League Action and Justification: Monitor. League continues to oppose the Accountability Act, but cannot quantify the impact of these changes. A major concern is potential increased influence by corporate interests and wealthy individuals.


Bill Progress in Legislature:

02/27/2014: Read for the first time and referred to the
03/11/2014: Rerefered from WME to Education Policy (EP)

03/13/2014: 2nd Read and placed on the calendar with 1 Amendment (106129-5);

03/19/2011: 3rd Read Passed; EP Amendment Offered; Hammon motion to Previous Question adopted by Roll Call vote; Motion to Adopt adopted by Roll Call vote; Motion to Read a 3rd Time and Pass adopted (63-39-0); Engrossed

Senate:

03/20/2014: Read for the first time and referred to the


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