2014 Enacted Legislation 

General Bills (click Act #) Synopsis

2014-133 Requires the state, county, municipality or any other governmental entity to disclose information following the purchase of real property using public funds within 60 days.  Note:  Local boards of education are not subject to the disclosure because such decisions are made at an open meeting with advanced notice with property information reflected in the minutes. Effective June 1, 2014.  (S.173)

2014-124 Provides education employees, in their official capacity, are exempt from personal liability in civil actions under certain conditions. Note: Codifies current case law protection by expressly including education employees in statute. Effective March 5, 2014. (H.64)

2014-147 Provides a state income tax credit for individual and business contributions for college-level career technical education dual enrollment program scholarships beginning Jan. 1, 2015.  A tax credit may be claimed for up to half of the total contribution not to exceed 50 percent of the taxpayer’s total tax liability for no more than $500,000 per tax year.  The state cap for such tax credits is $5 million annually.  Effective March 11, 2014. (H.384)

2014-185 Proposes a constitutional amendment on the November 2014 general election ballot that would remove the exception in Amendment 621 of Alabama’s Constitution that allows the legislature to mandate unfunded expenditures by a local board of education.  If approved by voters, the amendment would protect local school boards from unfunded mandates that require local expenditures of more than $50,000 annually.  No general law to require a new or increased expenditure of funds held or disbursed by a local school board would be effective unless enacted by two-thirds majority in each house of the legislature.  The restriction also applies to executive orders. Effective subject to ratification by statewide voters November 4, 2014. (S.7)

2014-245 Clarifies autonomy of nonpublic schools, including private, church, parochial and religious K-12 schools, as well as home-schooled programs.  The law states such schools are not subject to regulation or licensure by the state Department of Education, state Board of Education, and state superintendent or any state or political subdivision of the state.  It also requires compliance with attendance laws and criminal history background checks on employees in accordance with state and federal laws.  Effective July 1, 2014.  (S.38)

2014-246  Appropriates $9,269,227 from the Education Trust Fund to Tuskegee University for the fiscal year ending September 30, 2015, a $200,000 increase.  Effective October 1, 2014.  (S.180)

2014-247 Appropriates $273,276 from the Education Trust Fund to Lyman Ward Military Academy for the fiscal year ending September 30, 2015. Effective October 1, 2014.  (S.181)

2014-248 Appropriates $632,997 from the Education Trust Fund to Talladega College for the fiscal year ending September 30, 2015. Effective October 1, 2014.  (S.182)

2014-261 Requires the Department of Risk Management within the state Department of Finance to provide a gap and gap plus insurance program through the State Insurance Fund.  The program will allow schools suffering an 80 percent or greater loss from natural disaster or other covered perils to be reconstructed to current standards and includes items not normally covered such as architectural fees, parking lots and lighting. School boards will be able to opt beyond the required basic gap insurance to obtain gap plus coverage which would build in the ability to expand or make improvements in such an event.  Premiums will be paid annually from the state Public School Fund.  Effective July 1, 2014. (H.362)

2014-274 Requires local school boards, if providing school health information, to include specified information about meningococcal meningitis and its vaccine to parents/guardians of students in grades 6-12. Effective July 1, 2014.  (S.75)

2014-297 Establishes requirements for any person who retired under the teachers’ or employees’ retirement systems, including those acting as independent contractors, who will perform duties for an employer participating in the state retirement systems.  Such individuals must suspend their retirement if employed in a permanent, full-time capacity or upon earning in excess of the earning cap (currently $23,000) in a calendar year.  The law requires the retiree to notify the retirement system and employer in writing within 30 days after the retiree knows or should know he or she will fall under these provisions.  Effective July 1, 2014.  (S.120)

2014-316 Creates the “Small Business Tax Relief Act” to increase the average monthly tax liability from $1,000 to $2,500 or greater before estimated monthly state sales tax payments are required.  It is expected to reduce sales tax receipts to the Education Trust Fund by $4.5 million for the fiscal year ending September 30, 2014, as a one-time reduction in its transition year.  Effective August 1, 2014.  (H.151)

2014-325 Codifies a state Department of Revenue regulation adopted in 1961 that exempts public or private educational institutions from state and local sales and use taxes for lunches provided to K-12 students and not sold for profit.  The exemption also applies to gross proceeds of the sale of tangible personal property and applies retroactively.  Effective April 7, 2014.  (H.129)

2014-372 Dissolves the Foundation for Local Schools and disburses any remaining funds or assets held in those accounts.  Note:  Distinct from the state’s Foundation Program, this was a private foundation for donations to support public schools with little activity.  Effective April 9, 2014.  (S.10)

2014-403 Provides that a student who withdraws from public school, upon verification of enrollment in an accredited online school, shall be counted as a transfer student in lieu of a dropout.  Effective July 1, 2014. (H.191)

2014-404 Amends the requirements, procedures and timeframes for public work contracts. If a pre-bid meeting is held, it must occur at least seven days prior to bid opening unless an emergency project is declared. A contract may not be bid unless confirmation of any applicable grant has been received and required matching funds are secured or are available. The act reduces the timeframe for partial payments from 45 to 35 days after the awarding authority accepts the contract has been fulfilled, however excludes contracts administered by the Alabama Building Commission. Effective July 1, 2014. (H.24)

2014-405 Requires the state Department of Education to develop and each local school board to adopt an anaphylaxis preparedness program beginning in the 2015-16 school year. It authorizes school boards to collaborate with a physician to develop a protocol for emergency response that includes a supply of premeasured, autoinjectable epinephrine on each public school campus to treat potentially life threatening allergic reactions and provides immunity from liability. The requirement for the supply of epinephrine to be maintained on school campus will only be enforced if state funding is provided. Effective July 1, 2014. (H.156)

2014-421 Makes it a Class C felony for an adult, after having been convicted of a sex offense involving a minor, to enter K-12 school property when school is in session unless certain conditions are met.  Such individuals may not enter the school or attend any school activity without first notifying and then reporting to the principal and complying with specific procedures established by the school for the duration of the visit.  The school board must adopt a policy with rules that allow the principal or his or her designee to discreetly monitor such an individual on the premises.  Effective April 1, 2014.  (S.297)

2014-437 Establishes the “Alabama Safe at Schools Act” to authorize the training of school employees as unlicensed medication assistants.  Such trained individuals, who are not required to be health professionals, may administer injectable diabetes medication to students based on the students’ individual health plan.  Liability protection is provided to school employees that provide diabetes care.  The act requires the state Department of Education to develop guidelines by the 2015-16 school year and charges local school systems with ensuring appropriate training is provided.  Effective July 1, 2014.  (S.57)

2014-456 Appropriates $5.9 billion from the Education Trust Fund for the support, maintenance and development of public education in Alabama, for debt service and for the capital outlay for the fiscal year ending September 30, 2015.  Effective October 1, 2014.  (S.184)  Click here for the budget spreadsheet.

 

Local Bills 

2014-276 Alabama School of Fine Arts:  Authorizes the ASFA school board to select an executive committee of five of its members to meet and transact business, subject to change and removal by the majority of the board at any time.  Effective July 1, 2014.  (S.154)

2014-454 Jefferson County: Specifies that any amount over $120,000 from pistol permit fees in the county treasury designated to the County Legislative Delegation Office as of April 10, 2014, be distributed to the county public schools to be used for the operation of public schools, including but not limited to school security, on a pro-rata basis  based on the number of students, including the city of Gardendale.  Effective April 10, 2014.  (H.316)

 

 

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

— Lissa Tucker

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

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