2012 Regular Legislative Session

Act Synopsis General Bills

2012-221 Establishes the School Board Governance Improvement Act of 2012; specifies responsibilities of school board members; requires prospective school board members to publicly affirm principles of governance; implements training and continuing education requirements; provides sanctions for neglect of duty or willful misconduct; and requires the adoption of state and local codes of conduct.  Effective July 1, 2012.  (H.431)  See page 5 for more details.

2012-263 Appropriates $2.3 million from the Education Trust Fund for the fiscal year ending Sep. 30, 2012, to pay the full $5,000 salary supplement to teachers certified by the National Board of Professional Teaching Standards in the fiscal years 2011 and 2012; provides that beginning Jan. 1, 2013, public elementary or secondary principals who achieve national board certification shall receive the same stipend or supplement if funded for teachers.  Effective April 30, 2012.  (S.143)  

2012-295 Changes the minimum mandatory age required for children to be enrolled in school from seven years of age to six years of age; allows written notice to the local board of education if a parent or legal guardian opts to withhold their child until the child reaches the age of seven. Effective Aug. 1, 2012.  (S.28)

2012-314 Requires local boards of education to develop guidelines for handling athletes with concussions and provide pertinent information regarding the nature and risk of concussions and head injuries; ensures coaches receive annual training to recognize and seek proper medical treatment for concussions; and prohibits a youth athlete from returning to play the day of the injury until he is evaluated by a licensed physician and receives written clearance.  Effective May 10, 2012.  (H.308)

2012-372 Establishes the Lieutenant Dexter Holcomb Act requiring any person employed as a school bus driver to successfully complete a physical examination by a licensed physician.  Effective May 14, 2012.  (S.191)   See page 5 for more details.

2012-377 Establishes a new tier of defined retirement benefits for members of the Teacher’s Retirement System and Employees’ Retirement System hired on or after January 1, 2013.  The estimated employer savings for the TRS will exceed $4 billion in 40 years.  Effective Jan. 1, 2013.  (S.388)

2012-379 Establishes a maximum 45-day timeline to provide payment to contractors for public work contracts; provides penalties for violation including interest and reasonable attorneys fees; excludes contracts administered by the State Building Commission. Effective Aug. 1, 2012.  (H.71)

2012-402 Requires the state Superintendent of Education to develop a system for grading school and school system performance no later than Dec. 31, 2012, to implement for the 2013-14 school year; requires the department to post the grades on its public website; requires schools to provide the information to parents/guardians of each student annually; creates guidelines for the Legislative School Performance Recognition Program to be implemented by Dec. 31, 2013.  Effective May 15, 2012.  (H.588)

2012-407 Requires the state Finance Department to develop and maintain a database on the state’s website listing all requests for proposals (RFPs) by the state and any agency, board, commission or department which receives state or federal funds, the state Board of Education, a public college or trade school or public university.  Effective Jan. 1, 2013. (S.30)

2012-412 Provides that, upon a guilty plea, plea of no contest or a final conviction of a felony related to service in a public position, an active or inactive member of the Teachers Retirement System, Employees Retirement System or Judicial Retirement Fund shall forfeit retirement benefits.  Effective May 15, 2012. (S.213)

2012-414 Provides $300 for classroom supplies to K-12 public school teachers annually. Effective Aug. 1, 2012.  (S.257)

2012-433 Clarifies the ethics law to define the term “de minimis” as a gift valued less than $25 and limited to $50 total in a calendar year; provides the value be adjusted every four years by the consumer price index.  Effective Aug. 1, 2012.  (H.466)

2012-437 Establishes the Farm-to-School Procurement program; expands the state bid law exemption to allow local school boards to buy unprocessed agricultural products  from local  farmers up to $100,000 .  Effective Aug. 1, 2012.  (H.670)

2012-466 Appropriates $173,276 from the ETF to Lyman Ward Military Academy, a reduction of $11,782 from FY12.  (S.292) 

2012-467 Appropriates $582,997 from the ETF to Talladega College, a reduction of $39,642 from FY12.  (S.293)

2012-469 Appropriates $8,942,227 from the ETF to Tuskegee University, a reduction of $470,643 from FY12.  (S.303)

2012-478 Provides that the Third Party Prescription Program Act does not apply to the Public Education Employees’ Health Insurance Plan (PEEHIP) and avoids a potential increase in PEEHIP costs of $200 million to $300 million annually.  Effective May 15, 2012.  (S.571)

2012-482 Requires local schools begin the school year no earlier than the Monday two weeks before Labor Day (Aug. 20, 2012 and Aug. 19, 2013) and end no later than the Friday before Memorial Day (May 24, 2013); allows the 180 instructional day requirement to be converted to equivalent hours; prohibits boards from reducing compensation to any employee due to calendar modifications; law sunsets after  15 months.  Effective Aug. 1, 2012.  (H.360)   See page 5 for more details.

2012-489 Appropriates $40 million from the ETF to the Budget Stabilization Fund for the fiscal year ending Sept. 30, 2012; provides the appropriation shall not revert nor lapse at the end of the fiscal year 2012.  Effective May 16, 2012.  (H.734)

2012-490 Proposes a constitutional amendment that, if approved by voters in special election, would transfer $145.8 million from the Alabama Trust Fund to the General Fund annually through the 2014-15 fiscal year and create a new procedure for distributions from the Alabama Trust Fund beginning with the 2012-13 fiscal year.  The special election is scheduled Sept. 18, 2012.  (S.147)

2012-509 Raises the income threshold for filing a statement of economic interest with the Alabama Ethics Commission from $50,000 to $75,000.  The limit will change annually by the Consumer Price Index.  Additionally requires full-time public employees serving as supervisors to file a statement of economic interest.  Effective Aug. 1, 2012.  (H.136)

2012-557 Expands local school board’s exemption to the state’s competitive bid law for purchases made as part of any competitive bid nationwide cooperative purchasing program or other such programs.  Effective Aug. 1, 2012.  (H.504)

2012-560 Establishes the Alabama Ahead Act to provide all public school students in grades 9-12 with e-textbooks, including providing pen-enabled or other type tablet computers.  The state Department of Education must submit an implementation plan to the Legislature by Oct. 1, 2012. Establishes a $100 million Public School and College Authority bond issue to fund the purchases but defers action until separate legislative enactment is authorized for implementation.  Local school boards would be able to opt in to participate. Effective Aug. 1, 2012.  (H.165) 

2012-569 Appropriates $5.48 billion for the support, maintenance and development of public education in Alabama for the fiscal year ending Sept. 30, 2013.  Effective Oct. 1, 2012. (S.318)

2012-572 Revises the Alabama Public School and College Authority bond issue for school systems impacted by the Base Realignment and Closure (BRAC); provides a $33 million increase in  the bond issue to be expended for public school bus fleet renewal by Jan. 1, 2013.  Effective May 23, 2012.  (H.407)

Local Bills

2012-174 Cullman County:  proposes a constitutional amendment that, if approved by voters, would grant 16th section and school lands located in Cullman County to the Cullman County Board of Education; 90 percent of sale proceeds would be deposited into a trust account in Cullman County and 10 percent deposited in the Cullman County Board of Education General Fund; provides for distribution of additional interest and proceeds.  (H.314)

2012-206   Marshall County:  Provides that 25 percent of the increase in TVA payments in lieu of taxes (generated by Act 2010-135) be distributed to the boards of education in Marshall County, Arab, Guntersville, Albertville and Boaz on a per pupil basis; if National Board Certified teachers are funded less than $5,000 by the state, these funds will make up the difference and remaining funds may be used at the discretion of the board; 75 percent will be distributed to a county discretionary fund and expended at the direction of a Discretionary Fund Committee.  Effective April 17, 2012.  (H.476)

2012-229 Birmingham:  Provides that elections of members of the Birmingham City Board of Education coincide with the election of members of the Birmingham City Council.  Effective Aug. 1, 2012.  (S.102)

2012-240   Limestone County:  Provides for the distribution of TVA payments in lieu of taxes; following distribution to specified priorities, the remainder to be distributed 23.5 percent to a countywide school fund, 9 percent to the Limestone County Board of Education and 6 percent to the Athens Board of Education;  in FY13, 10 percent to the Limestone County board and 5 percent to the Athens board; in FY14, 11 percent to Limestone County board and 4 percent to Athens board and in FY15, shall be determined annually by the county commission based on the average daily membership of Limestone County and Athens City Boards of Education; additionally provides for the establishment and maintenance of a Limestone County Legislative Office.  Effective April 19, 2012. (H.483)

2012-301 Barbour County:  Authorizes, upon the approval of voters, a 4-mill increase in district ad valorem school taxes.  Effective May 1, 2012. (S.473)

2012-324 Marshall County:  Provides for the election of four school board members from four districts and one member elected at-large; authorizes and establishes procedures for changing the boundaries of election districts; exempts current school board members from the Act.  Effective Aug. 1, 2012, and upon ratification of a constitutional amendment authorizing its provisions. (H.564)

2012-402 Marshall County:  Proposes a constitutional amendment that, if approved by voters, would provide for the election of school boards members pursuant to Act 2012-324. (H.565)

2012-454   Greene County:  Authorizes the county commission to levy, upon voter approval,  an additional 3 mills of ad valorem tax for educational purposes.  Effective May 16, 2012.  (H.756)

2012-480   Marshall County:  Provides further for the distribution of 25 percent of the TVA payments in lieu of taxes to the Marshall County, Arab, Guntersville, Albertville and Boaz boards of education based on a per pupil basis; 4 percent of the remaining 75 percent shall fund operations of the Marshall County Delegation Office; and makes further provisions for the remaining funds.  Effective Aug. 1, 2011. (S.572)

2012-541 Geneva County:  Authorizes the county commission to levy, upon voter approval, a 1 percent sales tax to fund the construction and maintenance of a new jail with excess proceeds for road and bridge projects and resource officers for schools.  Effective May 22, 2012. (H.776)

Joint Resolutions of Interest

2012-176 Urges the state Department of Education and the Alabama Department of Public Health to encourage all schools to participate in a school-based influenza vaccination program. (SJR 11)

2012-352 Creates an interim study committee to review the feasibility of delegating to trained school personnel the authority to administer insulin and glucagon to students with diabetes.  (SJR 83)

2012 First Special Legislative Session

2012-599 Defines the remote use tax and diverts a portion of Alabama’s use tax proceeds from the ETF to the General Fund; provides that use tax proceeds shall be distributed 75 percent to the ETF and 25 percent to the General Fund; provides a funding priority for the Children’s Health Insurance Program (CHIP) within the proceeds to the General Fund.  Effective Oct. 1, 2012.(H.13)  

For a copy of any act listed above, click on the act number or view government records at www.sos.state.al.us .  For questions, call AASB at 334/277-9700.

THE REST OF THE STORY

School Board Governance Improvement Act

The state Department of Education is moving forward to launch the orientation and ongoing training requirement for local school board members as required by the School Board Governance Act of 2012. The plan is expected to build on AASB’s existing School Board Member Academy and has a tentative launch date of July 1, 2012. The training calendar year would run July 1 through June 30 each year.

School Calendar Dates and Fall Out

Local school board members found it ironic that lawmakers were surprised by the push back in communities with revisions to local school calendars.

Many are unhappy with the calendars resulted from compliance with the newly enacted start and end dates. The law requires school to start no earlier than Aug. 20, 2012, and end no later than May 24, 2013. It sets Aug. 19, 2013, as the earliest start date the following school year.

While the law allows equivalent hours to meet the 180 instructional school day requirement, school systems first had to decide whether cutting full days and adding minutes to the day for learning would be educationally sound for students. School systems also weighed exposure to significant potential consequences, including: losing federal nutrition funding; paying support employees the same salary for fewer work days; incurring overtime costs as required by the Fair Labor Standards Act; and maintaining the required 187 work days for teachers.

AASB voiced its concern for potential practical, legal and personnel consequences in its opposition during the debate. But once the law was enacted, reality hit. In fact, during the Special Session, proponents attempted, but failed to pass a resolution to chastise the state Superintendent of Education. The effort came following a presentation by the superintendent which acknowledged the ability to shorten the school year, but outlined potential consequences to local school superintendents and advising school systems to retain the 180-day school calendar.

Despite a legislative win on this issue, proponents continue to complain because many school systems determined this is not true flexibility but rather a barrier to K-12 educational goals. Hopefully the long-term result will be legislative deferral to local school systems to set the best school calendars for students, parents and their communities.

The Legislative Fiscal Office consistently refused to give credibility to proponents’ claim that the bill will generate some $22 million in new Education Trust Fund revenue. The calendar bill simply was used as a back door to tap revenue resulting from the Rolling Reserve Act.

School Bus Driver Physicals

All school bus drivers must pass a physical examination to be considered medically qualified to drive a school bus, according to the newly enacted Lieutenant Dexter Holcomb Act. The law, meant to further student and road safety, became effective immediately upon the governor’s signature May 14.

For implementation purposes, the SDE is crafting necessary emergency rules for the state Board of Education to adopt at its June 14 meeting. To be eligible to drive a school bus, an applicant must have state certification and a physician-completed SDE medical form. School systems are advised that the new process and implementation cannot begin until the state board has acted.

However, a valid Department of Transportation medical card may be accepted by a local board in lieu of the official SDE medical form. Upon adoption, the rules and official medical form will be disseminated and available on the SDE website, www.alsde.edu.

— Lissa Tucker

Lissa is Director of Governmental Relations for the Alabama Association of School Boards

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