SB229

ENGROSSED

By Senator Brewbaker

A BILL TO BE ENTITLED AN ACT

To amend Section 2 of Act 2015-89 of the 2015 Regular Session, now appearing as Section 16-46A-2, Code of Alabama 1975, relating to virtual schools, to clarify existing law and provide additional guidance for the local school system providing a virtual school program and the local school of residence of the student enrolled in the program to use in determining the distribution of state and federal funds to the local school systems involved.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. To amend Section 2 of Act 2015-89 of the 2015 Regular Session, now appearing as Section 16-46A-2, Code of Alabama 1975, is amended to read as follows:

§16-46A-2.

"(a) A full-time student enrolled full time in a virtual program shall be enrolled and counted in the average daily membership of the local school in which the virtual program is offered, participate in state testing and accountability requirements through the local school system in which the student is enrolled, and, upon satisfying the graduation requirements of the local board of education, receive a diploma from the local school system where enrolled.

"(b)(1) Any provision of this chapter to the contrary notwithstanding, a student enrolled in a virtual school program offered by his or her the local school system where he or she resides shall be treated as if he or she is attending his or her the local school in the attendance zone in which they reside he or she resides for purposes of participating in extracurricular activities and shall be subject to the same requirements, including Alabama High School Athletic Association rules, imposed on a traditional public school student enrolled in the traditional public school. In addition, if local board of education policy permits inter-system transfer for all students, a student who is enrolled under this policy in a full-time virtual school program in a school system other than the local school system in which he or she resides pursuant to an interdistrict transfer shall be treated as if he or she is attending his or her local school of record in the attendance zone in which he or she resides for the purposes of participating in extracurricular activities and shall be subject to the same requirements, including Alabama High School Athletic Association rules, imposed on a traditional public school student enrolled in the traditional public school.

"(2) Any local board of education may permit the enrollment into its full-time virtual school program of students who reside outside of the school district of that local board or students whose permanent residence is in this state but, as the dependent of a member of the United States Military, temporarily reside outside of this state due to military deployment, transfer, or assignment.

"(3)a. Each student enrolled full-time in a full-time virtual program shall be counted in the average daily membership of the local school in which the virtual program is offered, regardless of the attendance zone where the student resides.

"b. Each student enrolled full-time in a full-time virtual program shall be counted in the average daily membership of the local school in which the virtual program is offered to the same extent that a traditional student would be counted at the school.

"c. With respect to the Foundation Program and other public school Education Trust Fund appropriations, each local board of education with a full-time virtual program shall receive the same amount of state funds that would otherwise be allocated as if the full-time students of the local board of education enrolled in its virtual program were students engaged in the traditional delivery of instruction.

"d. The department shall direct the proportionate share of monies generated under federal and state categorical aid programs to school districts providing a full-time virtual school program and serving students eligible for that aid.

"e. The department shall also pay directly to the local school system providing the full-time virtual school program, any federal or state aid attributable to a student with a disability who is enrolled full-time in the full-time virtual school program.

"f. Where applicable, payments shall reflect the status of each student according to grade level, economic disadvantage, limited English proficiency, and special education needs.

"g. Any provision of law to the contrary notwithstanding, if a locally enacted revenue measure would not otherwise allocate any funding to a school system, then no funds from the local measure shall be allocated to that system due to its enrollment of students full-time in its full-time virtual program that reside in an attendance zone outside of that system, unless otherwise agreed by the board of education operating the system and the board of education operating the school in the attendance zone in which the student resides.

"(4)a. Any provision of this chapter to the contrary notwithstanding, if all of the following exist:

"1. A student enrolls full time in the full-time virtual program of a local school system that is outside of the local school system where the student resides.

"2. The student does not regularly and physically visit the facilities or meet with personnel of the local school system that is outside of the local school system where the student resides.

"3. The student was enrolled in the local school system where the student resides during the month of September immediately before his or her full-time enrollment in the full-time virtual program.

"b. Then, the student shall continue to be treated as fully enrolled in the local school system that is outside of the local school system where the student resides, and the student shall be counted in the average daily membership of both local school systems at the following rates: 83 percent for the local school system where the student is enrolled and 17 percent for the local school system where the student resides.

"c. The manner provided in this subdivision for determining average daily membership shall continue for as long as the student has continuous full-time enrollment in a full-time virtual program that is outside of the local school system where he or she resides.

"(5) If a student enrolls full-time in the full-time virtual program of a local school system that is outside of the local school system where the student resides, the two local school systems may enter into a written contract specifying any of the following:

"a. The local school system in which the student is deemed to be enrolled.

"b. The local school system which may count the student in its average daily membership.

"c. The rates of any applicable student's average daily membership, pursuant to subdivision (4).

"(c) A board of education shall be exempt from any provision of general law, local law, or administrative rule that applies to the traditional delivery of instruction including, but not limited to, requirements relating to the physical presence of a student, student monitoring and security, staffing requirements, transportation obligations, facility requirements, space and location requirements, time requirements, and physical education requirements to the extent any of the foregoing conflict with the delivery of the virtual program.

"(d) A local board of education is not subject to online course restrictions imposed by the State Department of Education.

"(e) Any online course delivery that is not supported by the State Department of Education shall be accredited by an institution recognized pursuant to administrative rule adopted by the department.

"(f) Coursework offered through a virtual program shall contain the required content as identified in the applicable Alabama course of study."

"(g) For eligibility to participate in athletics in accordance with the bylaws of the Alabama High School Athletic Association, a nontraditional student including, but not limited to, virtual school student, charter school student, or home school student shall be enrolled in the member school that serves the area in which the parents of the student reside. A nontraditional student is only eligible to participate in athletics at the member school that serves the area where the parents of the student reside."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Education

Virtual Education

Foundation Program

Acts Amended

Code Amended