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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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such voluntary participation may be withdrawn by the nonpublic school...
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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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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.
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Section 16-1-11.5 Teacher certification. Any provision of law to the contrary notwithstanding,
the State Department of Education's requirements for teacher certification and recertification
shall be the same for any person who teaches in a public school or a nonpublic school, whether
accredited or not, and without regard to whether the otherwise qualified person is or was
employed by a nonpublic K-12 private, church, parochial, or religious school that is not subject
to state regulation. (Act 2014-245, p. 785, §7.)...
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Section 16-1-11.6 Membership of nonpublic schools in Alabama High School Athletic Association.
All nonpublic schools which choose to become members of the Alabama High School Athletic Association
shall be in compliance with the constitution and bylaws established by Alabama High School
Athletic Association member schools. (Act 2014-245, p. 785, §8.)...
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Section 16-1-11 Private schools to register and report;. All private schools or institutions
of any kind having a school in connection therewith, except church schools as defined in Section
16-28-1, shall register annually on or before October 10 with the Department of Education
and shall report on uniform blanks furnished by the Department of Education, giving such statistics
as relate to the number of pupils, the number of instructors, enrollment, attendance, course
of study, length of term, cost of tuition, funds, value of property, and the general condition
of the school. This section may not be interpreted or construed to authorize the Department
of Education, the State Board of Education, or the State Superintendent of Education to license
or regulate any private, nonpublic, or church school offering instruction in grades K-12,
or any combination thereof. (School Code 1927, §599; Code 1940, T. 52, §547; Acts 1982,
No. 82-218, p. 260, §2; Act 2014-245, p. 785, §4.)...
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Section 16-28-24 Church schools may waive exemptions specified in this article. Notwithstanding
entitlement to the exemptions provided church schools under Sections 16-28-1, 16-1-11,
16-28-3, 16-28-7, 16-28-8, 16-28-15, 16-28-23 and 16-40-1 any church school as defined in
Section 16-28-1(2) shall certify to the local public school superintendent on forms supplied
by the superintendent to the requesting church school that the exemptions specified herein
are waived. (Acts 1982, No. 82-218, p. 260, §10.)...
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and manner in which to administer the civics test to students. A student who does not obtain
a passing score on the civics test may retake the test until he or she obtains a passing score.
(c) A special education student who is at least 18 years of age is not required to achieve
a passing score on the civics test in order to graduate from high school unless he or she
is learning at a level appropriate for his or her grade level in a specific academic area
and unless a passing score on the civics test is specifically required in a specific academic
area by the individualized education program of the student. (d) The enforcement of this section
shall comply with Section 16-1-11.1. (e) The requirements of this section may be waived
by the chief school administrator for good cause for any student in the graduating class.
Having taken and failed the civics test two times and otherwise having a passing grade in
the course in government shall be considered good cause. (Act 2017-173, §1.)...
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