Volume 35, No. 15
June 12, 2009
2009 Regular Legislative Session
ENACTED LEGISLATION
The following bills were enacted in the 2009 Regular Legislative Session and have become law. For a copy of any of the acts listed below, visit www.sos.state.al.us. For additional questions, call AASB at 334/277-9700.
General Bills
Act
09-223
Provides the debtor will pay the fee charged by the federal treasury that allows the state to intercept a tax refund to offset any unpaid Alabama tax liability. This federal income tax fee offset is estimated to increase tax revenues by $800,000 annually. [H.497]
09-280
Updates the school nurse law and authorizes school systems to employ licensed practical nurses (LPNs) under the supervision of registered nurses (RNs). Limits the ratio to no more than five LPNs to one RN within each school system. [H.47]
09-286
Provides a constitutional amendment that, if approved by voters, would clarify when administrative costs could be assessed under Amendment 778, the 10-mill requirement. The measure would remove the prohibition that no administrative costs be assessed to bring any school system to the minimum 10-mill level for future tax levies brought under the amendment. [H.242]
09-295
Creates the Alabama Interagency Autism Coordinating Council. [H.41]
09-296
Provides an $8 million supplemental appropriation from the Education Trust Fund to the Walker County School System to be used exclusively for capital improvement costs to rebuild the Oakman Elementary School damaged by a tornado. Provides repayment to the ETF should the Legislature specifically authorize a special allocation from any Alabama Public School and College Authority bond issue. [H.356]
09-297
Requires each local school board to adopt a policy for the orientation and ongoing training of its members. Effective March 1, 2010. [S.220]
09-339
Appropriates $6.2 billion from the ETF for the FY10 education budget. ($100 million decrease from last fiscal year.) [S.570]
09-344
Authorizes the School Superintendents of Alabama to establish and administer a professional development program for county and city superintendents of education. [S.262]
09-403
Appropriates $925,255 from the Education Trust Fund to Talladega College ($59,754 decrease from last fiscal year.) [S.319]
09-404
Appropriates $10,490,800 from the Education Trust Fund to Tuskegee University ($1,409,200 decrease from last fiscal year.) [S.321]
09-406
Appropriates $275,000 from the Education Trust Fund to Lyman Ward Military Academy ($17,760 decrease from last fiscal year.) [S.323]
09-407
Authorizes budget flexibility for local school boards to transfer funds between line items for the current fiscal year. Allows budget flexibility for the 2010 fiscal year as provided in the Education Trust Fund Budget Act. Allows flexibility in any fiscal year that proration is declared at 3 percent or greater. Requires local plans be submitted and approved by the state Superintendent of Education. Funds appropriated for salaries, fringe benefits or student materials are not subject to transfer. [S.426]
09-471
Allows local school boards an additional banking option to place certain funds in bank programs that provide full FDIC coverage for deposits that exceed normal FDIC limits. [H.143]
09-551
Provides a constitutional amendment that, if approved by voters, would change the 3/5 super-majority voter approval requirement to a simple majority to renew the local 1-mill countywide property tax for education levied under Sec. 269 of the Constitution of Alabama, as amended, in place for 124 school systems. [H.253]
09-560
Authorizes Alabama to join the Interstate Commission on Educational Opportunity for Military Children. The Commission seeks to streamline education policies and provide uniform treatment to children who must transfer between school districts and states because of a parent/guardian’s active military duty assignments. [H.438]
09-564
Raises the compulsory school age from 16 to 17. Provides specific procedures for students over age 17 who intend to drop out of school in an effort to increase the graduation rate. The drop-out procedures apply only to public schools. The new law additionally targets strategies and data collection in an effort to identify alternate pathways for students who choose to leave school. Effective Aug. 1, 2009. [S334]
09-565
Requires the Alabama Department of Labor to issue child labor certificates with city and county public school superintendents only required to furnish an Eligibility to Work form for eligible students. [H.144]
09-571
Establishes the Student Harassment Prevention Act. The state Department of Education is charged with developing a model policy, and each local school board must establish a policy in compliance with this act on or before July 1, 2010. [H.216]
09-592
Establishes regional autism centers. [H.615]
09-593
Provides a $600,000 supplemental appropriation from the Education Trust Fund to the Lee County school system for capital improvements at Wacoochee Junior High School, instructional center and central office building following tornado damage. [H.643]
09-628
Requires applicants of teacher education programs to undergo a criminal history background check as part of the initial application process in each two-year and four-year institution of higher education. Effective Aug. 1, 2009. [S270]
09-653
Increases the amount of time school boards are allowed to lease motor vehicles from three to five years. [H.192]
09-655
Requires local school boards to adopt comprehensive school safety plans and protocols. Requires principals to instruct students regarding various school safety matters and employ certain safety measures. Effective July 1, 2010. [H.199]
09-713
Establishes a school disciplinary point system to determine the age a student is eligible to apply for a learner’s permit or driver’s license. The provisions would apply to any student over the age of 12 enrolled in a public or private secondary school. The law is not effective until the state student data management system has technical capability to track, manage and coordinate the point system. [H.464] 09-728 Clarifies the competitive bid law minimum allows the use of the reverse auction procedure for purchases or contracts involving an amount of $15,000 or more. [H.734]
09-744
Clarifies law relating to performance bonds for county officials and employees. [S.111] 09-747 Grants local school systems authority to access the one-month reserve outlined by the School Fiscal Accountability Act. Conditions are specified, but are not limited to, when the governor declares proration or there are reductions in state funding. [S.165]
09-754
Requires that an automated external defibrillator be placed in each public K-12 school and at least one employee at each school be trained in its use. Effective immediately. [S.306]
09-760
Removes city and county boards of education from the competitive bid laws in Title 41 of the Code of Alabama and creates a new Chapter 13B in Title 16 of the Code for competitive bid laws for city and county boards of education. Effective Aug. 1, 2009. [S.418]
General Bills Pocket-Vetoed
POCKET-VETOED
Would have provided uniform requirements for posting notices of vacancies for certain education-related positions, including state superintendent and county and city superintendents of education and outlining a timeline for which a vacancy must be filled. [H.64]
POCKET-VETOED
Would have required 30 minutes of physical education each day for grades K-8, without any exceptions. [H.719]
Local Bills
Act
09-368
Proposes a constitutional amendment that, if approved by voters, would require the City of Ozark to levy an additional 10-mill ad valorem tax to be used for the construction of a new high school and other capital improvements for educational purposes. [H.761]
09-377
Clarifies that the Huntsville city Board of Education is the lawful successor for Green Academy for property title purposes. [H.791]
09-548
Proposes a constitutional amendment that, if approved by voters, would allow the City of Anniston to appropriate funds to the Anniston City Schools Foundation to fund a scholarship program. Specified school and property taxes may not be used as a source for the scholarship funds. [H.729]
09-783
Authorizes the Mobile County Board of School Commissioners to provide for the preservation and restoration and sale or other disposal of Barton Academy property. [H.883]
Resolutions of Interest
09-162
Urges public school systems to use 20 percent biodiesel (B20) in all diesel-powered school buses and to retrofit older school buses with exhaust cleaning devices like filters and catalysts in order to reduce diesel emissions. [SJR14]
09-229
Establishes the Alabama Select Commission on High School Graduation and Student Dropouts. The commission is charged with studying the problems and patterns of high school dropouts in Alabama and their educational and economic impact. A final report is due, including any proposed legislation, on or before Dec. 31, 2009. [SJR24]
09-798
Establishes the Amistad Commission. The commission is charged with surveying, cataloging and otherwise providing assistance and resources to educate Alabama students about African American history, the slave trade and its continuing impact. [SJR 26]
09-807
Urges the superintendent of the Mobile County school system to develop and implement a sickle cell education pilot program for the school system. [SJR144]
Local school boards work with legislative leaders to accomplish the public’s
highest priority -- educating our children.
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The 2010 Regular Legislative Session will convene January 12, 2010.
Alabama Association of School Boards
Celebrating 60 years of helping local education leaders improve
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