SB334 By Senators Orr and Bussman RFD Finance and Taxation Education Rd 1 08-MAR-16

SYNOPSIS: Under existing law, a high school student may take college courses if it fits into his or her schedule.

This bill would establish a program allowing eligible 11th and 12th grade students admitted unconditionally to an eligible Alabama public postsecondary institution to take all courses at the eligible public institution and receive high school credit for the coursework with the goal of completing graduation and high school diploma requirements.

This bill would authorize the Department of Education to pay an institution of higher learning for courses taken pursuant to the program through appropriation of state funds, the amount being the lesser of either the actual cost of tuition or the amount the student would have earned for the local school system had the student been in equivalent instructional programs in the school system.

This bill would provide for a one-time appropriation from the Education Trust Fund to fund the program during its first year of operation.

This bill would prohibit an institution of higher learning from charging a student for postsecondary coursework taken pursuant to the program.

This bill would authorize the Department of Education to promulgate regulations.

This bill would also create criminal penalties for any person who enables an institution of higher learning to wrongfully obtain payments under this program.

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

Relating to public high school education; to establish a program allowing eligible 11th and 12th grade students admitted unconditionally to an eligible Alabama public postsecondary institution to take all courses at the eligible public institution and receive high school credit for the coursework with the goal of completing graduation and high school diploma requirements; to authorize the Department of Education to pay an institution of higher learning for courses taken pursuant to the program through appropriation of state funds, the amount being the lesser of either the actual cost of tuition or the amount the student would have earned for the local school system had the student been in equivalent instructional programs in the school system; to provide for a one-time appropriation from the Education Trust Fund to fund the program during its first year of operation; to prohibit an institution of higher learning from charging a student for postsecondary coursework taken pursuant to the program; to authorize the Department of Education to promulgate regulations; to create criminal penalties for any person who enables an institution of higher learning to wrongfully obtain payments under this program; 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. (a) As used in this section, the following words have the following meanings:

(1) BOARD. The State Board of Education.

(2) DEPARTMENT. The Department of Education.

(3) ELIGIBLE INSTITUTION or INSTITUTION. Any public institution of higher learning in the state, including public two-year and four-year institutions of higher education and postsecondary technical colleges, community colleges, and junior colleges.

(4) ELIGIBLE STUDENT. A student entering 11th or 12th grade who spent the prior school year in attendance at a public high school in the state.

(5) PROGRAM. The arrangement authorized by this section whereby an eligible student takes all of his or her courses, approved by the State Board of Education, at an eligible institution and receives secondary credit from his or her high school with the goal of completing graduation and high school diploma requirements.

(6) SECONDARY CREDIT. High school credit for courses taken at an eligible institution under this program.

(b) Any eligible student may apply to an eligible institution to take courses at that institution which are approved for secondary credit pursuant to subsection (d). If accepted at an eligible institution, an eligible student may take any such approved course at that institution, whether or not the course is taught during the regular public school day, and receive secondary credit. While taking courses at an eligible institution, a student shall be considered a student of that institution and may not take any courses at his or her high school. An eligible institution that accepts an eligible student authorized to apply for enrollment under the program may not receive any state funds for that student unless the institution complies with the requirements of this section.

(c) The department shall develop appropriate forms and counseling guidelines for the program and shall make such forms and guidelines available to local school systems and eligible institutions. No later than April 1 of each year, each local school system shall provide general information about the program, including the forms, to all its 10th and 11th grade students. A local school system shall also provide counseling services in accordance with the counseling guidelines provided by the department to its students and parents or guardians before a student enrolls in the program. Prior to participating in the program, a student and student's parent or guardian shall sign the form provided by the school system or by an eligible institution stating that they have received the counseling specified in this subsection and that they understand the responsibilities that shall be assumed in participating in the program.

(d)(1) A local school system shall grant academic credit to an eligible student enrolled in a course in an eligible institution if that course has been approved by the board and if the student successfully completes that course. The board shall approve any such course that is substantially comparable to a state approved course other than a remedial, learning support, or summer school course. The secondary credit granted shall be for the comparable course. Upon completion of an eligible institution's approved course, the eligible student shall be responsible for requesting that the institution notify the student's local school system regarding his or her grade in that course.

(2) Secondary school credits granted for eligible institution courses under subdivision (1) shall be counted toward graduation requirements and subject area requirements of the local school system. Evidence of successful completion of each course and secondary credits granted shall be included in the eligible student's high school transcript. Secondary credit for postsecondary courses shall be awarded as follows:

a. One to two semester hour credits equal .5 high school unit credit;

b. Three to five semester hours credits equal 1 high school unit credit;

c. One to three quarter hour credits equal .5 high school unit credit;

d. Four to eight quarter hour credits equal 1 high school unit credit.

(3) The board shall establish rules to require local school systems to award a high school diploma to any eligible student who is enrolled at an eligible institution under the program as long as the credit earned at the institution satisfies course requirements needed for the eligible student to complete high school graduation and the student meets all state assessment requirements. The department shall consult with the Commission on Higher Education and the Board of Trustees of the Alabama Community College System in developing regulations to be recommended to the State Board of Education for approval regarding the eligibility criteria for program participation.

(e)(1) Eligible institutions shall be paid, as provided in subdivision (2), the lesser of the following amounts for each participating eligible student enrolled therein, less a records fee of two hundred dollars ($200) for the administration costs of the local school system:

a. The actual cost of tuition, materials, and fees directly related to the courses taken by the eligible student at the institution; or

b. The amount that the participating eligible student would have earned if he or she had been in equivalent instructional programs in the local school system.

(2) To fund the program during its first year of operation, there is appropriated from the Education Trust Fund the amount necessary to pay eligible institutions the amount described in subdivision (1) for each participating eligible student. Thereafter, the department shall pay to eligible institutions through appropriation of state funds the amount described in subdivision (1) for each participating eligible student. The total allotment of state funds to the local school system in which a participating student is enrolled at an eligible institution shall be calculated as otherwise provided in Title 16, Code of Alabama 1975, with an ensuing reduction equivalent to the amount of state funds appropriated to the eligible institution pursuant to this subsection.

(3) The records fee contained in subdivision (1) may be increased by the State Board of Education by up to four percent annually, at the board's sole discretion.

(4) An eligible institution may not charge an eligible student for coursework taken pursuant to this program and shall accept the payment made pursuant to subdivision (1) as full payment for the eligible student.

(f) The board shall promulgate regulations relating to applicable state and federal testing requirements for eligible students participating in the program.

(g) A student enrolled in an eligible institution for secondary credit shall not be eligible for any other state student financial aid for courses taken under the program.

(h) Any person who knowingly makes or furnishes any false statement or misrepresentation, or who accepts a statement or misrepresentation knowing it to be false, for the purpose of enabling an eligible institution to obtain wrongfully any payment under this section shall be guilty of a misdemeanor.

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 defines a new crime or amends the definition of an existing crime.

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.

Board of Education, State

Education

Schools

Higher Education

Commission on Higher Education

Colleges and Universities