Code of Alabama

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16-1-40
Section 16-1-40 Education Trust Fund proration relief. (a) During fiscal year 2009 and any
fiscal year in which proration is declared by the Governor in an amount equal to or greater
than three percent, local boards of education, with the recommendation of the local superintendent,
may transfer Education Trust Fund line item appropriations including the Public School Fund,
except Public School Fund monies dedicated to a specific capital outlay project or debt service
and except for Alabama Public School and College Authority funds which are allocated for a
specific capital outlay project, between and among appropriated line item categories. No state
funds shall be transferred from funds appropriated for salaries, fringe benefits, or student
materials allocations. (b) Prior to any implementation of the flexibility provisions of this
section, the local board of education shall produce a plan indicating the source and amount
to be transferred from each line item and show that the transfer...
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16-11-19
Section 16-11-19 Bond issues. If for any reason the current income of the city board of education
is inadequate to provide ample, appropriate and suitable grounds, buildings and equipment
for all the needed schools of the city, the city board of education, on the recommendation
of the city superintendent of schools, shall petition the city council or commission to call
an election for the issuance of bonds on the credit of the city in an amount sufficient to
provide ample, appropriate and suitable grounds, buildings and equipment for all the needed
schools of the city, subject to the limitations set out in the constitution of the state,
and the city council or commission shall call the election at the time requested in said petition.
(School Code 1927, §209; Code 1940, T. 52, §169.)...
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16-11-2
Section 16-11-2 Applicability; composition of boards. (a) The provisions of this chapter shall
apply to city boards of education unless otherwise provided by local law pursuant to Amendment
659 to the Constitution of Alabama of 1901, or any other provision of the Constitution of
Alabama of 1901. (b) The general administration and supervision of the public schools and
educational interest of each city shall be vested in a city board of education, to be composed
of five members who shall be residents of the city, and who shall not be members of the city
council or commission. In any Class 4 municipality which has adopted a mayor-council form
of government pursuant to Chapter 43B (commencing with Section 11-43B-1) of Title 11, the
city board of education may be composed of seven members. (c) No person shall be eligible
for election or appointment as a member of a city board of education unless he or she satisfies
all of the following qualifications: (1) Is a person of good moral...
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16-3-27
Section 16-3-27 Review of local actions by state superintendent. The State Board of Education
shall have the power and authority to promulgate rules and regulations governing the right
and method of review and disposition upon review by the State Superintendent of Education
of actions and orders of county and city boards of education and of county superintendents
of education and city superintendents of schools in matters relating to finance and other
matters seriously affecting educational interest. (School Code 1927, §60; Code 1940, T. 52,
§34.)...
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16-3-3
Section 16-3-3 Qualifications of members. The members of the board shall be qualified electors
of the State of Alabama, and each member shall be a qualified elector in the district which
he represents. No person who is an employee of the board or who is or has been engaged as
a professional educator within five years next preceding the date of the election shall be
eligible for membership on the board. For the purposes of this section the term "professional
educator" shall include teacher, supervisor or principal of any public or private school;
instructor, professor or president of any public or private university, college or junior
college or trade school; any state, county or city superintendent of education; or other person
engaged in an administrative capacity in the field of education. (School Code 1927, §29;
Code 1940, T. 52, §8; Acts 1969, Ex. Sess., No. 16, p. 39, §3.)...
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16-4-10
Section 16-4-10 Rules for construction of buildings; condemnation of buildings. The State Superintendent
of Education shall prepare, or cause to be prepared, and submit for approval to the State
Board of Education rules and regulations for the hygienic, sanitary and protective construction
of school buildings. He is empowered and directed to recommend for condemnation for school
use by the State Board of Education all buildings used for school purposes that violate these
rules and regulations. (School Code 1927, §73; Code 1940, T. 52, §49.)...
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16-4-4
Section 16-4-4 Duties generally. The State Superintendent of Education shall explain the true
intent and meaning of the school laws and of the rules and regulations of the State Board
of Education. He shall decide, without expense to the parties concerned, all controversies
and disputes involving the proper administration of the public school system. The State Superintendent
of Education shall enforce all the provisions of this title and the rules and regulations
of the State Board of Education. He shall file charges with the State Board of Education or
other controlling authority and shall recommend for removal or institute proceedings for the
removal of any person appointed under the provisions of this title for immorality, misconduct
in office, insubordination, incompetency or willful neglect of duty. (School Code 1927, §68;
Code 1940, T. 52, §44.)...
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16-9-33
Section 16-9-33 Payrolls - Approval. No money shall be paid on any payroll unless the county
superintendent of education certifies thereto in writing that the same in every respect is
correct and that the amounts contained thereon are due the parties as shown thereby and that
the same should be paid and unless the chairman of the county board of education endorses
on said payroll an order that the same be paid. (School Code 1927, §177; Code 1940, T. 52,
§134.)...
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45-5A-70
Section 45-5A-70 Election of board of education; referendum. (a)(1) Pursuant to Amendment 659
to the Constitution of Alabama of 1901, and as soon as practicable after final approval of
this section by the United States Department of Justice, if necessary, the Oneonta City Council
shall call an authorizing referendum election, to be held at the time of the next general
election held in the city on November 7, 2000, regarding changing the Oneonta City Board of
Education to an elected city board of education. (2) If a majority of the qualified electors
of the municipality voting in the authorizing referendum election vote in favor of an elected
city board of education, the board shall be established as provided in this section and the
Legislature, as provided in Amendment 659, from time to time, by local law may provide further
for the election and operation of the Oneonta City Board of Education. The local laws may
provide for the termination of the terms of office of members of the...
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9-15-44
Section 9-15-44 Exchanges of school lands. The Commissioner of Conservation and Natural Resources
is hereby authorized to exchange school lands for other lands of equal value, with the approval
of the Governor and the State Superintendent of Education. The Commissioner of Conservation
and Natural Resources shall have the title to the land to be received by the state examined;
and, if in his opinion said title is without defect, he shall so certify to the Governor and,
provided the Governor and the State Superintendent of Education approve, the Governor shall
cause patents to be issued to those exchanging said lands. Such patent shall vest a fee simple
title in the grantee named therein. The title to the land received in exchange for school
land shall be in the State of Alabama in trust for the use of schools and shall be classified
as school land as defined by law. (Acts 1939, No. 581, p. 949, §12; Code 1940, T. 8, §244.)...

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