SB224 By Senator Ross RFD Education and Youth Affairs Rd 1 12-MAR-15

SYNOPSIS: Under existing law, city boards of education are authorized to admit students up to the age of 19 years and the mandatory school attendance age is between 6 and 17 years.

This bill would authorize city and county boards of education to admit or readmit students under age 21 for the purpose of graduating from public high school.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL TO BE ENTITLED AN ACT

To amend Sections 16-11-16 and 16-28-3, Code of Alabama 1975, relating to school admission and attendance; to authorize public high schools to admit or readmit students under age 21; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 16-11-16 and 16-28-3 of the Code of Alabama 1975, are amended to read as follows:

§16-11-16.

"(a) The city board of education shall have power to establish and maintain a system of public schools including kindergartens and playgrounds for the benefit of children who are bona fide residents of and living within the corporate limits of such city.

"(b) Such children who are six years of age and less than 19 21 years of age on the date school opens shall be entitled to admission to the elementary, junior, and senior high schools.

"(c) A student who is older than mandatory school attendance age may be admitted or readmitted to a public high school to complete his or her twelfth grade year only if he or she is under the age of 21 on the date the school year begins and has completed sufficient course credits to graduate at the end of that school year.

"(c) (d) If a kindergarten is established and maintained, children from five to eight years of age may be admitted on such terms and conditions as the city board of education may prescribe.

§16-28-3.

"(a) Except as otherwise provided in subsection (b), every child between the ages of six and 17 years shall be required to attend a public school, private school, church school, or be instructed by a competent private tutor for the entire length of the school term in every scholastic year except that, prior to attaining his or her 16th birthday every child attending a church school as defined in Section 16-28-1 is exempt from the requirements of this section, provided such child complies with enrollment and reporting procedure specified in Section 16-28-7. Admission to public school shall be on an individual basis on the application of the parents, legal custodian, or guardian of the child to the local board of education at the beginning of each school year, under such rules and regulations as the board may prescribe. The parent, legal custodian, or guardian of a child who is six years of age, may opt out of enrolling their child in school at the age of six years by notifying the local school board of education, in writing, that the child will not be enrolled in school until he or she is seven years of age.

"(b)(1) If a child withdraws from a public school, upon verification of enrollment in a Southern Association of Colleges and Schools or any entity with accreditation status as determined by one of the agencies identified on the United States Department of Education's list of Recognized National and Regional Accrediting Agencies or their affiliates accredited and recognized online school which has been authorized by the Alabama State Department of Education to provide instruction in lieu of in-person instruction, the child shall be counted as a transfer student.

"(2) If a child returns to a public school, semester exams shall be given to the child to determine grade placement.

"(3) A student who is older than mandatory school attendance age may be admitted or readmitted to a public high school to complete his or her twelfth grade year only if he or she is under the age of 21 on the date the school year begins and has completed sufficient course credits to graduate at the end of that school year.

"(3) (4) This subsection does not and should not be interpreted to create on-line schools. However, if a student chooses to attend an accredited, state authorized on-line school, that student's former school should not be penalized by the student being classified as a dropout."

Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill requires expenditures only by a school board.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Education

High School

Board of Education, City

Board of Education, County

Code Amended