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16-22A-16
Section 16-22A-16 Construction. Except as expressly specified in this chapter pertaining to
criminal history background information checks of applicants for nonpublic employment, nonpublic
current employees, and nonpublic current employees under review, nothing in this chapter shall
be construed to establish state control over curriculum or the selection of personnel in private
or parochial/church schools, nor is this chapter intended to establish additional regulatory
authority over private or parochial/church schools. (Act 99-361, p. 566, §16; Act 2002-457,
p. 1171, §1.)...
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16-22A-3
Section 16-22A-3 Definitions. When used in this chapter only, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
APPLICANT. A certified or noncertified individual who submits an application for employment
to a local employing board or any nonpublic school, to act in any capacity in which the individual
will have unsupervised access to children in an educational environment. (2) APPLICANT FOR
CERTIFICATION. An individual who submits an application for certification issued by the State
Superintendent of Education. (3) AUTHORIZED EMPLOYER. Any educational entity authorized to
obtain criminal history background information, including the State Department of Education,
local employing boards, and nonpublic schools which are responsible for hiring employees or
contracting with private employers to provide personnel who have unsupervised access to children
in an educational setting. (4) CERTIFIED APPLICANT FOR EMPLOYMENT. A...
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16-1-11.3
Section 16-1-11.3 Autonomy of nonpublic schools - Applicability of statutory requirements.
Each nonpublic school, including private, church, parochial, and religious schools, offering
educational instruction in grades K-12, as well as home-schooling entities, shall comply with
the requirements of Chapter 28 of this title, relating to school attendance; Chapter 22A of
this title, the Alabama Child Protection Act of 1999; and Chapter 7 of Title 38, relating
to criminal history background checks on persons responsible for children, the elderly, and
the disabled. (Act 2014-245, p. 785, §3.)...
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16-6F-7
Section 16-6F-7 Applicant proposals; conversion to public charter school; terms of charters;
contracts. (a) Request for proposals. (1) To solicit, encourage, and guide the development
of quality public charter school applications, every local school board, in its role as public
charter school authorizer, shall issue and broadly publicize a request for proposals for public
charter school applications by July 17, 2015, and by November 1 in each subsequent year. The
content and dissemination of the request for proposals shall be consistent with the purposes
and requirements of this act. (2) Public charter school applicants may submit a proposal for
a particular public charter school to no more than one local school board at a time. (3) The
department shall annually establish and disseminate a statewide timeline for charter approval
or denial decisions, which shall apply to all authorizers in the state. (4) Each local school
board's request for proposals shall present the board's strategic...
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16-26D-5
Section 16-26D-5 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The board of trustees
may perform the following functions: (1) Accept donations, bequests, or other forms of financial
assistance for educational purposes from any public or private person or agency and comply
with rules and regulations governing grants from the federal government or from any other
person or agency, which are not in contravention of the constitution and laws. (2) Purchase
or lease real estate and equipment and make improvements to facilities necessary for the use
of the school, in accordance with applicable law. (3) Lease land or other property belonging
to the board of trustees or to the school. (4) Sell or exchange land or other real property
not needed for school purposes, but only when specifically authorized by law and then only
in accordance with the procedures provided for the sale of unused...
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16-1-11.1
Section 16-1-11.1 Autonomy of nonpublic schools - Legislative findings. The Legislature finds
and declares all of the following: (1) That a parent or guardian in Alabama has a constitutional
right to choose the type of K-12 education that is best for his or her child, whether public
or nonpublic, religious or nonreligious, and including home-based education. (2) That many
parents choose to home school or enroll their children in elementary and secondary nonpublic
schools, including private, church, parochial, or religious schools, that are not subject
to state regulation and do not receive state or federal funds. (3) That other than reporting
on the enrollment of students, these nonpublic K-12 schools have been primarily exempt from
state regulation and have only been required by state law to report the enrollment of students.
(4) That there is no national or state constitutional mandate that the government provide,
license, or regulate nonpublic education, including private, church,...
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16-1-11.2
Section 16-1-11.2 Autonomy of nonpublic schools - Education selection by parents; exemption
from licensure or regulation. (a) A parent or guardian shall have the right to select the
type school or method of his or her choice for the K-12 education of his or her child, whether
public or nonpublic, religious or nonreligious, and including home-based education. (b) Nonpublic
schools, including private, church, parochial, and religious schools, offering educational
instruction in grades K-12, as well as home-schooled students, are not subject to licensure
or regulation by the state or any political subdivision of the state, including the State
Department of Education. This section shall not be interpreted or construed as preventing
a nonpublic school from voluntarily participating in state audits or other state administrative
oversight in order to comply with requirements of federal grant provisions, except that any
such voluntary participation may be withdrawn by the nonpublic school...
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16-1-11.4
Section 16-1-11.4 Admission of nonpublic school students by public institutions of higher education.
Any provision of law to the contrary notwithstanding, no public two-year or four-year institution
of higher education in the state may deny admission to or otherwise discriminate against an
otherwise qualified student based on the consideration, whether in whole or in part, that
the student attended, graduated from, or is enrolled in a nonpublic school, including private,
church, parochial, and religious schools, or was home schooled. (Act 2014-245, p. 785, §6.)...
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16-22A-34
Section 16-22A-34 Satisfaction of contingencies; procedures. (a) The requirement to conduct
a criminal history background information check on public and nonpublic current employees
pursuant to this chapter is contingent upon the State Superintendent of Education determining
that sufficient funds have been appropriated by the Legislature or made available from another
source to fund such background checks and related procedures. The State Superintendent of
Education shall certify to each local employing board, each nonpublic school, the State Finance
Director, and the Code Commissioner when sufficient funds have been appropriated for use by
the State Department of Education for purposes of conducting background checks and related
procedures on public and nonpublic current employees. (b) Upon the satisfaction of contingencies
provided in subsection (a) and upon the State Superintendent of Education certifying in writing
to the State Board of Education and each authorized employer that...
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16-6F-2
Section 16-6F-2 Legislative intent. (a) Public charter schools may be established in Alabama
in accordance with this chapter. All public charter schools in the state established under
this chapter are public schools and are part of the public education system of the state.
(b) This chapter shall be interpreted to support the findings and purposes of this chapter
and to advance the continued commitment of the state to the mission and goals of public education.
(c) No private or nonpublic school may establish a public charter school pursuant to this
chapter. (Act 2015-3, §2.)...
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