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.

Download HB1.

Download SB1.

Download SB1 Amendment 156401-2.

Download SB1 Amendment 159029-3.

Download SB1 Amendment 159973-1.

Download SB1 Amendment 159976-1.

Download SB1 Amendment 161323-2.

Download SB1 Amendment 161344-1.

Download SB1 Amendment 161249-2.

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)

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.]

Download SB98.

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

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 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.

Download SB308.

Download SB316.

Download SB316 Amendment 160212-1.

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 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

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

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

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

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