Alabama 2022 Regular Session

Alabama Senate Bill SB15 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 SB15
2		-	2 216846-4
	2	+	2 216846-3
3	3		3 By Senator Melson
4	4		4 RFD: Education Policy
5	5		5 First Read: 11-JAN-22
6	6		6 PFD: 12/07/2021
7	7
8		-	Page 0 SB15
9		-	1 SB15
	8	+	Page 0 1 SB15
10	9		2
11	10		3
12		-	4 ENROLLED, An Act,
13		-	5 Relating to the State Textbook Committee; to amend
14		-	6 Sections 16-36-60, 16-36-60.1, and 16-36-65, Code of Alabama
15		-	7 1975; and to add Section 16-36-73 to the Code of Alabama 1975;
16		-	8 to provide for appointees from each State Board of Education
17		-	9 District; to require publishers to provide evidence of
18		-	10 alignment correlation on forms provided by the State
19		-	11 Department of Education; to authorize the State Superintendent
20		-	12 of Education and the State Board of Education to establish
21		-	13 additional review criteria; to provide for other instructional
22		-	14 materials review committees to review and rate varying
23		-	15 instructional materials; to make nonsubstantive, technical
24		-	16 revisions to update the existing code language to current
25		-	17 style; and to amend Section 16-13B-2, Code of Alabama 1975, as
26		-	18 amended by Act 2021-485, 2021 Regular Session, to exempt the
27		-	19 purchase of certain instructional materials by the State
28		-	20 Department of Education; and in connection therewith to have
29		-	21 as its purpose or effect the requirement of a new or increased
30		-	22 expenditure of local funds within the meaning of Amendment 621
31		-	23 of the Constitution of Alabama of 1901, as amended by
32		-	24 Amendment 890, now appearing as Section 111.05 of the Official
33		-	Page 1 SB15
34		-	1 Recompilation of the Constitution of Alabama of 1901, as amended.
35		-	2 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
36		-	3 Section 1. Sections 16-36-60, 16-36-60.1, and
37		-	4 16-36-65 of the Code of Alabama 1975, are amended to read as
38		-	5 follows:
39		-	6 "§16-36-60.
40		-	7 "(a) The State Textbook Committee is created. The
41		-	8 committee shall consider the merit of textbooks offered for
42		-	9 use in the public elementary and high schools of the state and
43		-	10 make recommendations for approval or rejection, or both, to
44		-	11 the State Board of Education as hereinafter provided. In
45		-	12 making recommendations to the State Board of Education, the
46		-	13 State Textbook Committee shall also consider any
47		-	14 recommendations made by the State Courses of Study Committee
48		-	15 or by the State Superintendent of Education.
49		-	16 "(b) The State Textbook Committee shall be composed
50		-	17 of 23 members. Four of the members shall be secondary school
51		-	18 classroom teachers and four elementary school classroom
52		-	19 teachers. One of these eight members shall be appointed from
53		-	20 each of the seven United States Congressional Districts, as
54		-	21 such districts are constituted on July 1, 1998, and one shall
55		-	22 be appointed statewide eight State Board of Education
56		-	23 districts, as constituted on the effective date of the act
57		-	24 adding this language. Four members shall be appointed from the
58		-	25 state at large, and these four members may be either classroom
59		-	Page 2 SB15
60		-	1 teachers or persons actively engaged in the supervisory or
61		-	2 administrative capacity in the field of education. Two members
62		-	3 of the committee shall be employees of state institutions of
63		-	4 higher learning. These 14 members of the State Textbook
64		-	5 Committee shall each be appointed by the State Board of
65		-	6 Education, upon nominations made by the State Superintendent
66		-	7 of Education. Nine members shall be appointed by the Governor,
67		-	8 subject to the confirmation of the Senate by April 1 of each
68		-	9 year, one from each of the seven congressional districts, as
69		-	10 such districts are constituted on July 1, 1998 eight State
70		-	11 Board of Education districts, as constituted on the effective
71		-	12 date of the act adding this language, and two one appointed
72		-	13 statewide and, these two who shall be members a member of a
73		-	14 local boards board of education at the time of their
74		-	15 appointment. Two of the members appointed from the
75		-	16 congressional districts State Board of Education districts
76		-	17 shall be recommended by the State Superintendent of Education.
77		-	18 These nine additional members shall have general knowledge of
78		-	19 the subject area to be considered for textbook adoption and
79		-	20 shall have, a demonstrated ability to read and write at a post
80		-	21 high school level, and shall not be employed in education.
81		-	22 Membership of the State Textbook Committee shall be inclusive
82		-	23 and shall reflect the racial, gender, geographic, urban/rural,
83		-	24 and economic diversity of the state All appointing authorities
84		-	25 shall coordinate their appointments to assure the committee
85		-	Page 3 SB15
86		-	1 membership is inclusive and reflects the racial, gender,
	11	+	4 ENGROSSED
	12	+	5
	13	+	6
	14	+	7 A BILL
	15	+	8 TO BE ENTITLED
	16	+	9 AN ACT
	17	+	10
	18	+	11 Relating to the State Textbook Committee; to amend
	19	+	12 Sections 16-36-60, 16-36-60.1, and 16-36-65, Code of Alabama
	20	+	13 1975; and to add Section 16-36-73 to the Code of Alabama 1975;
	21	+	14 to provide for appointees from each State Board of Education
	22	+	15 District; to require publishers to provide evidence of
	23	+	16 alignment correlation on forms provided by the State
	24	+	17 Department of Education; to authorize the State Superintendent
	25	+	18 of Education and the State Board of Education to establish
	26	+	19 additional review criteria; to provide for other instructional
	27	+	20 materials review committees to review and rate varying
	28	+	21 instructional materials; to make nonsubstantive, technical
	29	+	22 revisions to update the existing code language to current
	30	+	23 style; and to amend Section 16-13B-2, Code of Alabama 1975, as
	31	+	24 amended by Act 2021-485, 2021 Regular Session, to exempt the
	32	+	25 purchase of certain instructional materials by the State
	33	+	26 Department of Education; and in connection therewith to have
	34	+	27 as its purpose or effect the requirement of a new or increased
	35	+	Page 1 1 expenditure of local funds within the meaning of Amendment 621
	36	+	2 of the Constitution of Alabama of 1901, as amended by
	37	+	3 Amendment 890, now appearing as Section 111.05 of the Official
	38	+	4 Recompilation of the Constitution of Alabama of 1901, as
	39	+	5 amended.
	40	+	6 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	41	+	7 Section 1. Sections 16-36-60, 16-36-60.1, and
	42	+	8 16-36-65 of the Code of Alabama 1975, are amended to read as
	43	+	9 follows:
	44	+	10 "§16-36-60.
	45	+	11 "(a) The State Textbook Committee is created. The
	46	+	12 committee shall consider the merit of textbooks offered for
	47	+	13 use in the public elementary and high schools of the state and
	48	+	14 make recommendations for approval or rejection, or both, to
	49	+	15 the State Board of Education as hereinafter provided. In
	50	+	16 making recommendations to the State Board of Education, the
	51	+	17 State Textbook Committee shall also consider any
	52	+	18 recommendations made by the State Courses of Study Committee
	53	+	19 or by the State Superintendent of Education.
	54	+	20 "(b) The State Textbook Committee shall be composed
	55	+	21 of 23 members. Four of the members shall be secondary school
	56	+	22 classroom teachers and four elementary school classroom
	57	+	23 teachers. One of these eight members shall be appointed from
	58	+	24 each of the seven United States Congressional Districts, as
	59	+	25 such districts are constituted on July 1, 1998, and one shall
	60	+	26 be appointed statewide eight State Board of Education
	61	+	27 districts, as constituted on the effective date of the act
	62	+	Page 2 1 adding this language. Four members shall be appointed from the
	63	+	2 state at large, and these four members may be either classroom
	64	+	3 teachers or persons actively engaged in the supervisory or
	65	+	4 administrative capacity in the field of education. Two members
	66	+	5 of the committee shall be employees of state institutions of
	67	+	6 higher learning. These 14 members of the State Textbook
	68	+	7 Committee shall each be appointed by the State Board of
	69	+	8 Education, upon nominations made by the State Superintendent
	70	+	9 of Education. Nine members shall be appointed by the Governor,
	71	+	10 subject to the confirmation of the Senate by April 1 of each
	72	+	11 year, one from each of the seven congressional districts, as
	73	+	12 such districts are constituted on July 1, 1998 eight State
	74	+	13 Board of Education districts, as constituted on the effective
	75	+	14 date of the act adding this language, and two one appointed
	76	+	15 statewide and, these two who shall be members a member of a
	77	+	16 local boards board of education at the time of their
	78	+	17 appointment. Two of the members appointed from the
	79	+	18 congressional districts State Board of Education districts
	80	+	19 shall be recommended by the State Superintendent of Education.
	81	+	20 These nine additional members shall have general knowledge of
	82	+	21 the subject area to be considered for textbook adoption and
	83	+	22 shall have, a demonstrated ability to read and write at a post
	84	+	23 high school level, and shall not be employed in education.
	85	+	24 Membership of the State Textbook Committee shall be inclusive
	86	+	25 and shall reflect the racial, gender, geographic, urban/rural,
	87	+	26 and economic diversity of the state All appointing authorities
	88	+	27 shall coordinate their appointments to assure the committee
	89	+	Page 3 1 membership is inclusive and reflects the racial, gender,
87	90		2 geographic, urban, rural, and economic diversity of the state.
88	91		3 "(c) All members of the State Textbook Committee
89	92		4 shall be appointed for terms of one year, beginning at the
90	93		5 call of the State Superintendent of Education. The committee
91	94		6 shall be subject to recall by the State Superintendent of
92	95		7 Education, thereby extending the length of the member's term,
93	96		8 until a new committee is appointed for consideration of the
94	97		9 same subject area or areas or grade or grades or any
95	98		10 combination thereof. Vacancies in the office of any of the
96	99		11 committee members shall be filled by the original appointing
97	100		12 authority, and the appointee shall hold office for the
98	101		13 unexpired term and until his or her successor is appointed and
99	102		14 qualified.
100	103		15 "(d) In order to qualify as a member of the State
101	104		16 Textbook Committee, each person appointed shall prepare an
102	105		17 affidavit to be filed with the State Board of Education within
103	106		18 10 days after notice of the member's appointment stating each
104	107		19 of the following:
105	108		20 "(1) The member agrees to discharge faithfully all
106	109		21 the duties imposed upon him or her as a member of the State
107	110		22 Textbook Committee.
108	111		23 "(2) The member has no interest, directly or
109	112		24 indirectly, in any contract that may be made under this
110	113		25 article.
111		-	Page 4 SB15
112		-	1 "(3) The member has no interest as author, as
	114	+	Page 4 1 "(3) The member has no interest as author, as
113	115		2 associate author, as publisher, or as a representative of the
114	116		3 author or publisher of any textbook.
115	117		4 "(4) The member has no pecuniary interest, directly
116	118		5 or indirectly, in the business or profits of any person, firm,
117	119		6 or corporation engaged in manufacturing, publishing, or
118	120		7 selling textbooks.
119	121		8 "(5) The member agrees not to accept any emolument
120	122		9 or promise of future reward of any kind from any publisher of
121	123		10 textbooks, the publisher's agents, or anyone interested in or
122	124		11 intending to bias the member's judgment in any way in the
123	125		12 selection of any textbook up for adoption.
124	126		13 "(6) The member agrees not to reveal to anyone,
125	127		14 except to the State Board of Education or the State
126	128		15 Superintendent of Education, or both, the findings, ratings,
127	129		16 or grading of the State Textbook Committee.
128	130		17 "(e) It shall be a Class C misdemeanor for any
129	131		18 member of the State Textbook Committee or the secretary of the
130	132		19 committee, or for any other person, to disclose ratings and
131	133		20 gradings of the committee to anyone except to the State Board
132	134		21 of Education or the State Superintendent of Education, or
133	135		22 both, until after the contracts are made. Anyone found guilty
134	136		23 of doing so shall be fined not exceeding five hundred dollars
135	137		24 ($500) and also may be imprisoned or sentenced to hard labor
136	138		25 for a term not exceeding six months Nothing in this section
137		-	Page 5 SB15
138		-	1 shall prevent the State Board of Education from making an
139		-	2 early disclosure of the ratings and gradings of the committee
140		-	3 after the State Board of Education has approved the final
141		-	4 textbook list.
142		-	5 "(f) The organizational meeting of each State
143		-	6 Textbook Committee shall be called by the State Superintendent
144		-	7 of Education and the committee shall meet thereafter on call
145		-	8 of the chairperson chair of the committee or of the State
146		-	9 Superintendent of Education. At the organizational meeting,
147		-	10 the State Textbook Committee shall elect one of its members to
148		-	11 act as chairperson chair of the committee and one of its
149		-	12 members as secretary of the committee. Other necessary
150		-	13 meetings shall be held as determined by the State Textbook
151		-	14 Committee or upon the call of the chairperson chair or the
152		-	15 State Superintendent of Education. The State Superintendent of
153		-	16 Education shall notify the members of the committee of each
154		-	17 meeting by registered or certified mail prior to the time of
155		-	18 the meeting.
156		-	19 "(g) The members of the State Textbook Committee, at
157		-	20 a minimum, shall be paid per diem expenses at the rate
158		-	21 provided by state law during the time they are engaged in such
159		-	22 the work of the committee and in addition shall receive travel
160		-	23 expenses at the rate provided by state law for each mile
161		-	24 traveled from home to the place of meeting and return, to be
162		-	25 paid out of appropriations made to the State Department of
163		-	Page 6 SB15
164		-	1 Education. Each member of the committee, before receiving per
165		-	2 diem for expenses, shall submit to the State Superintendent of
166		-	3 Education a notarized statement of the number of miles
167		-	4 traveled and the number of days engaged in such the work of
168		-	5 the committee. No member shall be paid for more than 25 35
169		-	6 days in any school year.
170		-	7 "(h) The criteria used by the State Textbook
171		-	8 Committee shall be comprised of alignment with the courses of
172		-	9 study, instructional planning and support, and other criteria,
173		-	10 as determined by the State Superintendent of Education and the
174		-	11 State Board of Education. Publishers shall be provided with
175		-	12 standards alignment forms that list all of the standards in
176		-	13 the course of study for the subject area being reviewed and
177		-	14 shall provide specific evidence of how and where the standards
178		-	15 are addressed in the textbook. The committees may use the
179		-	16 standards alignment forms to determine the degree to which
180		-	17 content found in each textbook is aligned in thoroughness and
181		-	18 accuracy to the standards and may comment on content,
182		-	19 accuracy, bias, price, or other concerns resulting from their
183		-	20 reviews.
184		-	21 "(h)(i) The State Textbook Committee shall make
185		-	22 textbook recommendations to the State Board of Education in
186		-	23 writing, and both recommendations for approval or rejection,
187		-	24 or both, and any dissents therefrom shall be filed with the
188		-	25 State Board of Education and shall be made available for
189		-	Page 7 SB15
190		-	1 public inspection upon filing. The State Textbook Committee
191		-	2 may recommend any new material which has been properly bid
192		-	3 pursuant to this article, which supports the Alabama course of
193		-	4 study for the specific subject, and which is defined as a
194		-	5 textbook as prescribed in the rules and regulations of the
195		-	6 State Board of Education. New material is defined as material
196		-	7 published within three years from the date the State Board of
197		-	8 Education begins advertisement for bids for textbooks which
198		-	9 shall be considered for adoption by the State Board of
199		-	10 Education Final ratings and reviews shall be made available to
200		-	11 the public on the State Department of Education website.
201		-	12 "§16-36-60.1.
202		-	13 "For the purposes of this article, the following
203		-	14 words shall have the following meanings:
204		-	15 "(1) INSTRUCTIONAL MATERIALS. Educational resources
205		-	16 that provide curriculum and instructional experiences for
206		-	17 public school students. The term includes any instructional
207		-	18 and related or supportive material, including materials using
208		-	19 advanced learning technology, in any area that is designed to
209		-	20 strengthen the academic foundation.
210		-	21 "(1)(2) QUALIFIED DEPOSITORY FOR TEXTBOOKS or
211		-	22 QUALIFIED DEPOSITORY. A facility in the state responsible for
212		-	23 receiving orders for, storing of, and distribution of
213		-	24 textbooks pursuant to Section 16-36-71.
214		-	Page 8 SB15
215		-	1 "(2)(3) TEXTBOOK. Includes digital textbooks, as
216		-	2 defined in Section 16-16B-2. Digital textbooks shall be
217		-	3 recommended, adopted, and purchased in the same manner as
218		-	4 provided for textbooks under this article.
219		-	5 "§16-36-65.
220		-	6 "(a) The State Department of Education in
221		-	7 conjunction with the state Purchasing Agent shall furnish
222		-	8 contracts from which state-adopted textbooks for the pupils
223		-	9 and teachers in classrooms and schools operated under the
224		-	10 jurisdiction and supervision of the Alabama Department of
225		-	11 Mental Health can State Department of Education may be
226		-	12 purchased. These purchases shall be made from appropriations
227		-	13 to the state Department of Mental Health State Department of
228		-	14 Education. The State Board of Education may make and enforce
229		-	15 regulations for the proper care and accounting for such
230		-	16 textbooks.
231		-	17 "(b) The State Department of Education in
232		-	18 conjunction with the state Purchasing Agent shall furnish
233		-	19 contracts from which state-adopted textbooks for the pupils
234		-	20 and teachers in classrooms and schools operated under the
235		-	21 jurisdiction of the Alabama Institute for Deaf and Blind can
236		-	22 may be purchased. These purchases shall be made from
237		-	23 appropriations to the Alabama Institute for Deaf and Blind.
238		-	24 The State Board of Education may make and enforce regulations
239		-	25 for the proper care and accounting for these textbooks and
240		-	Page 9 SB15
241		-	1 shall not be required to purchase and furnish special books or
242		-	2 materials for the deaf and blind.
243		-	3 "(c) The State Department of Education in
244		-	4 conjunction with the state Purchasing Agent shall furnish
245		-	5 contracts from which state-adopted textbooks for the pupils
246		-	6 and teachers in classrooms and schools operated by the
247		-	7 Department of Youth Services can may be purchased. The cost of
248		-	8 the textbooks provided herein shall be paid from
249		-	9 appropriations to the Department of Youth Services. The State
250		-	10 Board of Education may make and enforce regulations for the
251		-	11 proper care and accounting for these textbooks and shall not
252		-	12 be required to purchase and furnish any special books or
253		-	13 materials under this section.
254		-	14 "(d) The State Board of Education shall have no
255		-	15 power or authority to enter into any contract or arrangement
256		-	16 for furnishing textbooks or providing a depository for
257		-	17 textbooks or delivering textbooks, but shall have the power
258		-	18 and authority to enter into any contract or arrangement
259		-	19 requiring the use of a qualified depository for textbooks.
260		-	20 "(e) Subject to appropriations from the Legislature,
261		-	21 the State Board of Education may pay a portion of a negotiated
262		-	22 textbook price in any contract with a publisher or a qualified
263		-	23 depository pursuant to this article or grant additional
264		-	24 textbook funds to local boards of education, who purchase high
265		-	Page 10 SB15
266		-	1 quality textbooks, as determined by the State Board of
267		-	2 Education."
268		-	3 Section 2. Section 16-36-73 is added to the Code of
269		-	4 Alabama 1975, to read as follows:
270		-	5 §16-36-73.
271		-	6 (a) In addition to the use of textbook materials
272		-	7 review committees as provided in subsection (h) of Section
273		-	8 16-36-60, the State Superintendent of Education may convene
274		-	9 educators and other experts for instructional materials review
275		-	10 committees for the purpose of reviewing and rating evidence on
276		-	11 the quality and alignment of other specific materials and
277		-	12 publishing their findings for educators. The State
278		-	13 Superintendent of Education may also utilize other methods to
279		-	14 conduct reviews, such as contracting or consulting with
280		-	15 experts. The State Superintendent of Education and State Board
281		-	16 of Education, as necessary, may develop guidelines for the
282		-	17 review of other specific instructional materials pursuant to
283		-	18 this section, to support districts and ensure the utilization
284		-	19 of state funds for the purchase of high quality materials. The
285		-	20 process shall include, but not be limited to, publishing
286		-	21 statewide lists of vetted and approved instructional
287		-	22 materials.
288		-	23 (b) Instructional materials approved by the State
289		-	24 Department of Education pursuant to this section, based on a
290		-	25 review completed by an instructional materials review
291		-	Page 11 SB15
292		-	1 committee, may qualify for the State Department of Education
293		-	2 to enter a statewide master service agreement designed to
294		-	3 streamline the procurement process for schools and school
295		-	4 districts that adopt those instructional materials.
296		-	5 (c) Subject to appropriations, members appointed to
297		-	6 other instructional materials review committees may be paid
298		-	7 per diem and travel expenses in the same manner as State
299		-	8 Textbook Committee members under subsection (g) of Section
300		-	9 13-36-60. Nothing in this section shall limit payment for
301		-	10 reviews under State Department of Education contracts or other
302		-	11 consulting methods.
303		-	12 (d) Guidelines developed for the review of other
304		-	13 specific instructional materials by instructional materials
305		-	14 review committees pursuant to this section, shall be separate
306		-	15 from the State Textbook Committee process provided by this
307		-	16 article.
308		-	17 Section 3. Section 16-13B-2 of the Code of Alabama
309		-	18 1975, is amended to read as follows:
310		-	19 "§16-13B-2.
311		-	20 "(a) Competitive bids shall not be required for
312		-	21 utility services for county or city boards of education, the
313		-	22 rates for which are fixed by law, regulation, or ordinance,
314		-	23 and the competitive bidding requirements of this chapter shall
315		-	24 not apply to:
316		-	25 "(1) The purchase of insurance.
317		-	Page 12 SB15
318		-	1 "(2) Contracts for securing services of attorneys,
319		-	2 physicians, architects, teachers, superintendents of
320		-	3 construction, artists, appraisers, engineers, consultants,
321		-	4 certified public accountants, public accountants, or other
322		-	5 individuals possessing a high degree of professional skill
323		-	6 where the personality of the individual plays a decisive part.
324		-	7 "(3) Contracts of employment in the regular civil
325		-	8 service.
326		-	9 "(4) Contracts for fiscal or financial advice or
327		-	10 services.
328		-	11 "(5) Purchases of products made or manufactured by
329		-	12 blind or visually impaired individuals under the direction or
330		-	13 supervision of the Alabama Institute for Deaf and Blind in
331		-	14 accordance with Sections 21-2-1 to 21-2-4, inclusive.
332		-	15 "(6) Purchases of maps or photographs from any
333		-	16 federal agency.
334		-	17 "(7) Purchases of manuscripts, books, instructional
335		-	18 materials, maps, pamphlets, or periodicals, or the electronic
336		-	19 version thereof. The exemption for the purchase of
337		-	20 instructional materials shall only include those purchases
338		-	21 from a current vetted and approved list published by the State
339		-	22 Department of Education.
340		-	23 "(8) The selection of paying agents and trustees for
341		-	24 any security issued by a public body.
342		-	Page 13 SB15
343		-	1 "(9) Existing contracts up for renewal for
344		-	2 sanitation or solid waste collection, recycling, or disposal
345		-	3 and those providing the service.
346		-	4 "(10) Purchases of computer and word processing
347		-	5 hardware when the hardware is the only type that is compatible
348		-	6 with hardware already owned by the entity taking bids and
349		-	7 custom software.
350		-	8 "(11) Contractual services and purchases of
351		-	9 commodities for which there is only one vendor or supplier and
352		-	10 contractual services and purchases of personal property which
353		-	11 by their very nature are impossible to award by competitive
354		-	12 bidding.
355		-	13 "(12) Contractual services and purchases of products
356		-	14 related to, or having an impact upon, security plans,
357		-	15 procedures, assessments, measures, or systems, or the security
358		-	16 or safety of persons, structures, facilities, or
359		-	17 infrastructures.
360		-	18 "(13) Purchases, leases, or lease/purchases of goods
361		-	19 or services, other than voice or data wireless communication
362		-	20 services, made as a part of any purchasing cooperative
363		-	21 sponsored by the National Association of Counties, its
364		-	22 successor organization, or any other national or regional
365		-	23 governmental cooperative purchasing program. The purchases,
366		-	24 leases, or lease/purchases may only be made if all of the
367		-	25 following occur:
368		-	Page 14 SB15
369		-	1 "a. The goods or services being purchased, including
370		-	2 those purchased through a lease/purchase agreement, or leased
371		-	3 are available as a result of a competitive bid process
372		-	4 approved by the Department of Examiners of Public Accounts for
373		-	5 each bid.
374		-	6 "b. The goods or services are either not at the time
375		-	7 available to local boards of education on the state purchasing
376		-	8 program or are available at a price equal to or less than that
377		-	9 on the state purchasing program.
378		-	10 "c. The purchase, lease, or lease/purchase is made
379		-	11 through a participating Alabama vendor holding an Alabama
380		-	12 business license if such a vendor exists.
381		-	13 "(14) Purchases of unprocessed agricultural products
382		-	14 as defined in subsection (b) of Section 16-1-46 and the cost
383		-	15 of the food purchased is equal to or less than the federal
384		-	16 simplified acquisition threshold set in 2 C.F.R. § 200.88.
385		-	17 "(15) Purchase of goods or services, other than
386		-	18 voice or data wireless communication services, from vendors
387		-	19 that have been awarded a current and valid general services
388		-	20 administration contract. Prices paid for the goods or services
389		-	21 may not exceed the lowest competitively bid price for these
390		-	22 goods or services, other than voice or data wireless
391		-	23 communication services, and may not exceed the price on an
392		-	24 existing state purchasing program.
393		-	25 "(b) This chapter shall not apply to:
394		-	Page 15 SB15
395		-	1 "(1) Any purchases of products where the price of
396		-	2 the products is already regulated and established by state
397		-	3 law.
398		-	4 "(2) Purchases made by individual schools of the
399		-	5 county or municipal public school systems from moneys monies
400		-	6 other than those raised by taxation or received through
401		-	7 appropriations from state or county sources.
402		-	8 "(c) The city and county boards of education shall
403		-	9 establish and maintain the purchasing facilities and
404		-	10 procedures as may be necessary to carry out the intent and
405		-	11 purpose of this chapter by complying with the requirements for
406		-	12 competitive bidding in the operation and management of each
407		-	13 city and county board of education.
408		-	14 "(d) Contracts entered into in violation of this
409		-	15 chapter shall be void, and any person who violates this
410		-	16 chapter shall be guilty of a Class C felony."
411		-	17 Section 4. Although this bill would have as its
412		-	18 purpose or effect the requirement of a new or increased
413		-	19 expenditure of local funds, the bill is excluded from further
414		-	20 requirements and application under Amendment 621, as amended
415		-	21 by Amendment 890, now appearing as Section 111.05 of the
416		-	22 Official Recompilation of the Constitution of Alabama of 1901,
417		-	23 as amended, because the bill defines a new crime or amends the
418		-	24 definition of an existing crime.
419		-	Page 16 SB15
420		-	1 Section 5. This act shall become effective on the
	139	+	26 shall prevent the State Board of Education from making an
	140	+	27 early disclosure of the ratings and gradings of the committee
	141	+	Page 5 1 after the State Board of Education has approved the final
	142	+	2 textbook list.
	143	+	3 "(f) The organizational meeting of each State
	144	+	4 Textbook Committee shall be called by the State Superintendent
	145	+	5 of Education and the committee shall meet thereafter on call
	146	+	6 of the chairperson chair of the committee or of the State
	147	+	7 Superintendent of Education. At the organizational meeting,
	148	+	8 the State Textbook Committee shall elect one of its members to
	149	+	9 act as chairperson chair of the committee and one of its
	150	+	10 members as secretary of the committee. Other necessary
	151	+	11 meetings shall be held as determined by the State Textbook
	152	+	12 Committee or upon the call of the chairperson chair or the
	153	+	13 State Superintendent of Education. The State Superintendent of
	154	+	14 Education shall notify the members of the committee of each
	155	+	15 meeting by registered or certified mail prior to the time of
	156	+	16 the meeting.
	157	+	17 "(g) The members of the State Textbook Committee, at
	158	+	18 a minimum, shall be paid per diem expenses at the rate
	159	+	19 provided by state law during the time they are engaged in such
	160	+	20 the work of the committee and in addition shall receive travel
	161	+	21 expenses at the rate provided by state law for each mile
	162	+	22 traveled from home to the place of meeting and return, to be
	163	+	23 paid out of appropriations made to the State Department of
	164	+	24 Education. Each member of the committee, before receiving per
	165	+	25 diem for expenses, shall submit to the State Superintendent of
	166	+	26 Education a notarized statement of the number of miles
	167	+	27 traveled and the number of days engaged in such the work of
	168	+	Page 6 1 the committee. No member shall be paid for more than 25 35
	169	+	2 days in any school year.
	170	+	3 "(h) The criteria used by the State Textbook
	171	+	4 Committee shall be comprised of alignment with the courses of
	172	+	5 study, instructional planning and support, and other criteria,
	173	+	6 as determined by the State Superintendent of Education and the
	174	+	7 State Board of Education. Publishers shall be provided with
	175	+	8 standards alignment forms that list all of the standards in
	176	+	9 the course of study for the subject area being reviewed and
	177	+	10 shall provide specific evidence of how and where the standards
	178	+	11 are addressed in the textbook. The committees may use the
	179	+	12 standards alignment forms to determine the degree to which
	180	+	13 content found in each textbook is aligned in thoroughness and
	181	+	14 accuracy to the standards and may comment on content,
	182	+	15 accuracy, bias, price, or other concerns resulting from their
	183	+	16 reviews.
	184	+	17 "(h)(i) The State Textbook Committee shall make
	185	+	18 textbook recommendations to the State Board of Education in
	186	+	19 writing, and both recommendations for approval or rejection,
	187	+	20 or both, and any dissents therefrom shall be filed with the
	188	+	21 State Board of Education and shall be made available for
	189	+	22 public inspection upon filing. The State Textbook Committee
	190	+	23 may recommend any new material which has been properly bid
	191	+	24 pursuant to this article, which supports the Alabama course of
	192	+	25 study for the specific subject, and which is defined as a
	193	+	26 textbook as prescribed in the rules and regulations of the
	194	+	27 State Board of Education. New material is defined as material
	195	+	Page 7 1 published within three years from the date the State Board of
	196	+	2 Education begins advertisement for bids for textbooks which
	197	+	3 shall be considered for adoption by the State Board of
	198	+	4 Education Final ratings and reviews shall be made available to
	199	+	5 the public on the State Department of Education website.
	200	+	6 "§16-36-60.1.
	201	+	7 "For the purposes of this article, the following
	202	+	8 words shall have the following meanings:
	203	+	9 "(1) INSTRUCTIONAL MATERIALS. Educational resources
	204	+	10 that provide curriculum and instructional experiences for
	205	+	11 public school students. The term includes any instructional
	206	+	12 and related or supportive material, including materials using
	207	+	13 advanced learning technology, in any area that is designed to
	208	+	14 strengthen the academic foundation.
	209	+	15 "(1)(2) QUALIFIED DEPOSITORY FOR TEXTBOOKS or
	210	+	16 QUALIFIED DEPOSITORY. A facility in the state responsible for
	211	+	17 receiving orders for, storing of, and distribution of
	212	+	18 textbooks pursuant to Section 16-36-71.
	213	+	19 "(2)(3) TEXTBOOK. Includes digital textbooks, as
	214	+	20 defined in Section 16-16B-2. Digital textbooks shall be
	215	+	21 recommended, adopted, and purchased in the same manner as
	216	+	22 provided for textbooks under this article.
	217	+	23 "§16-36-65.
	218	+	24 "(a) The State Department of Education in
	219	+	25 conjunction with the state Purchasing Agent shall furnish
	220	+	26 contracts from which state-adopted textbooks for the pupils
	221	+	27 and teachers in classrooms and schools operated under the
	222	+	Page 8 1 jurisdiction and supervision of the Alabama Department of
	223	+	2 Mental Health can State Department of Education may be
	224	+	3 purchased. These purchases shall be made from appropriations
	225	+	4 to the state Department of Mental Health State Department of
	226	+	5 Education. The State Board of Education may make and enforce
	227	+	6 regulations for the proper care and accounting for such
	228	+	7 textbooks.
	229	+	8 "(b) The State Department of Education in
	230	+	9 conjunction with the state Purchasing Agent shall furnish
	231	+	10 contracts from which state-adopted textbooks for the pupils
	232	+	11 and teachers in classrooms and schools operated under the
	233	+	12 jurisdiction of the Alabama Institute for Deaf and Blind can
	234	+	13 may be purchased. These purchases shall be made from
	235	+	14 appropriations to the Alabama Institute for Deaf and Blind.
	236	+	15 The State Board of Education may make and enforce regulations
	237	+	16 for the proper care and accounting for these textbooks and
	238	+	17 shall not be required to purchase and furnish special books or
	239	+	18 materials for the deaf and blind.
	240	+	19 "(c) The State Department of Education in
	241	+	20 conjunction with the state Purchasing Agent shall furnish
	242	+	21 contracts from which state-adopted textbooks for the pupils
	243	+	22 and teachers in classrooms and schools operated by the
	244	+	23 Department of Youth Services can may be purchased. The cost of
	245	+	24 the textbooks provided herein shall be paid from
	246	+	25 appropriations to the Department of Youth Services. The State
	247	+	26 Board of Education may make and enforce regulations for the
	248	+	27 proper care and accounting for these textbooks and shall not
	249	+	Page 9 1 be required to purchase and furnish any special books or
	250	+	2 materials under this section.
	251	+	3 "(d) The State Board of Education shall have no
	252	+	4 power or authority to enter into any contract or arrangement
	253	+	5 for furnishing textbooks or providing a depository for
	254	+	6 textbooks or delivering textbooks, but shall have the power
	255	+	7 and authority to enter into any contract or arrangement
	256	+	8 requiring the use of a qualified depository for textbooks.
	257	+	9 "(e) Subject to appropriations from the Legislature,
	258	+	10 the State Board of Education may pay a portion of a negotiated
	259	+	11 textbook price in any contract with a publisher or a qualified
	260	+	12 depository pursuant to this article or grant additional
	261	+	13 textbook funds to local boards of education, who purchase high
	262	+	14 quality textbooks, as determined by the State Board of
	263	+	15 Education."
	264	+	16 Section 2. Section 16-36-73 is added to the Code of
	265	+	17 Alabama 1975, to read as follows:
	266	+	18 §16-36-73.
	267	+	19 (a) In addition to the use of textbook materials
	268	+	20 review committees as provided in subsection (h) of Section
	269	+	21 16-36-60, the State Superintendent of Education may convene
	270	+	22 educators and other experts for instructional materials review
	271	+	23 committees for the purpose of reviewing and rating evidence on
	272	+	24 the quality and alignment of other specific materials and
	273	+	25 publishing their findings for educators. The State
	274	+	26 Superintendent of Education may also utilize other methods to
	275	+	27 conduct reviews, such as contracting or consulting with
	276	+	Page 10 1 experts. The State Superintendent of Education and State Board
	277	+	2 of Education, as necessary, may develop guidelines for the
	278	+	3 review of other specific instructional materials pursuant to
	279	+	4 this section, to support districts and ensure the utilization
	280	+	5 of state funds for the purchase of high quality materials. The
	281	+	6 process shall include, but not be limited to, publishing
	282	+	7 statewide lists of vetted and approved instructional
	283	+	8 materials.
	284	+	9 (b) Instructional materials approved by the State
	285	+	10 Department of Education pursuant to this section, based on a
	286	+	11 review completed by an instructional materials review
	287	+	12 committee, may qualify for the State Department of Education
	288	+	13 to enter a statewide master service agreement designed to
	289	+	14 streamline the procurement process for schools and school
	290	+	15 districts that adopt those instructional materials.
	291	+	16 (c) Subject to appropriations, members appointed to
	292	+	17 other instructional materials review committees may be paid
	293	+	18 per diem and travel expenses in the same manner as State
	294	+	19 Textbook Committee members under subsection (g) of Section
	295	+	20 13-36-60. Nothing in this section shall limit payment for
	296	+	21 reviews under State Department of Education contracts or other
	297	+	22 consulting methods.
	298	+	23 (d) Guidelines developed for the review of other
	299	+	24 specific instructional materials by instructional materials
	300	+	25 review committees pursuant to this section, shall be separate
	301	+	26 from the State Textbook Committee process provided by this
	302	+	27 article.
	303	+	Page 11 1 Section 3. Section 16-13B-2 of the Code of Alabama
	304	+	2 1975, is amended to read as follows:
	305	+	3 "§16-13B-2.
	306	+	4 "(a) Competitive bids shall not be required for
	307	+	5 utility services for county or city boards of education, the
	308	+	6 rates for which are fixed by law, regulation, or ordinance,
	309	+	7 and the competitive bidding requirements of this chapter shall
	310	+	8 not apply to:
	311	+	9 "(1) The purchase of insurance.
	312	+	10 "(2) Contracts for securing services of attorneys,
	313	+	11 physicians, architects, teachers, superintendents of
	314	+	12 construction, artists, appraisers, engineers, consultants,
	315	+	13 certified public accountants, public accountants, or other
	316	+	14 individuals possessing a high degree of professional skill
	317	+	15 where the personality of the individual plays a decisive part.
	318	+	16 "(3) Contracts of employment in the regular civil
	319	+	17 service.
	320	+	18 "(4) Contracts for fiscal or financial advice or
	321	+	19 services.
	322	+	20 "(5) Purchases of products made or manufactured by
	323	+	21 blind or visually impaired individuals under the direction or
	324	+	22 supervision of the Alabama Institute for Deaf and Blind in
	325	+	23 accordance with Sections 21-2-1 to 21-2-4, inclusive.
	326	+	24 "(6) Purchases of maps or photographs from any
	327	+	25 federal agency.
	328	+	26 "(7) Purchases of manuscripts, books, instructional
	329	+	27 materials, maps, pamphlets, or periodicals, or the electronic
	330	+	Page 12 1 version thereof. The exemption for the purchase of
	331	+	2 instructional materials shall only include those purchases
	332	+	3 from a current vetted and approved list published by the State
	333	+	4 Department of Education.
	334	+	5 "(8) The selection of paying agents and trustees for
	335	+	6 any security issued by a public body.
	336	+	7 "(9) Existing contracts up for renewal for
	337	+	8 sanitation or solid waste collection, recycling, or disposal
	338	+	9 and those providing the service.
	339	+	10 "(10) Purchases of computer and word processing
	340	+	11 hardware when the hardware is the only type that is compatible
	341	+	12 with hardware already owned by the entity taking bids and
	342	+	13 custom software.
	343	+	14 "(11) Contractual services and purchases of
	344	+	15 commodities for which there is only one vendor or supplier and
	345	+	16 contractual services and purchases of personal property which
	346	+	17 by their very nature are impossible to award by competitive
	347	+	18 bidding.
	348	+	19 "(12) Contractual services and purchases of products
	349	+	20 related to, or having an impact upon, security plans,
	350	+	21 procedures, assessments, measures, or systems, or the security
	351	+	22 or safety of persons, structures, facilities, or
	352	+	23 infrastructures.
	353	+	24 "(13) Purchases, leases, or lease/purchases of goods
	354	+	25 or services, other than voice or data wireless communication
	355	+	26 services, made as a part of any purchasing cooperative
	356	+	27 sponsored by the National Association of Counties, its
	357	+	Page 13 1 successor organization, or any other national or regional
	358	+	2 governmental cooperative purchasing program. The purchases,
	359	+	3 leases, or lease/purchases may only be made if all of the
	360	+	4 following occur:
	361	+	5 "a. The goods or services being purchased, including
	362	+	6 those purchased through a lease/purchase agreement, or leased
	363	+	7 are available as a result of a competitive bid process
	364	+	8 approved by the Department of Examiners of Public Accounts for
	365	+	9 each bid.
	366	+	10 "b. The goods or services are either not at the time
	367	+	11 available to local boards of education on the state purchasing
	368	+	12 program or are available at a price equal to or less than that
	369	+	13 on the state purchasing program.
	370	+	14 "c. The purchase, lease, or lease/purchase is made
	371	+	15 through a participating Alabama vendor holding an Alabama
	372	+	16 business license if such a vendor exists.
	373	+	17 "(14) Purchases of unprocessed agricultural products
	374	+	18 as defined in subsection (b) of Section 16-1-46 and the cost
	375	+	19 of the food purchased is equal to or less than the federal
	376	+	20 simplified acquisition threshold set in 2 C.F.R. § 200.88.
	377	+	21 "(15) Purchase of goods or services, other than
	378	+	22 voice or data wireless communication services, from vendors
	379	+	23 that have been awarded a current and valid general services
	380	+	24 administration contract. Prices paid for the goods or services
	381	+	25 may not exceed the lowest competitively bid price for these
	382	+	26 goods or services, other than voice or data wireless
	383	+	Page 14 1 communication services, and may not exceed the price on an
	384	+	2 existing state purchasing program.
	385	+	3 "(b) This chapter shall not apply to:
	386	+	4 "(1) Any purchases of products where the price of
	387	+	5 the products is already regulated and established by state
	388	+	6 law.
	389	+	7 "(2) Purchases made by individual schools of the
	390	+	8 county or municipal public school systems from moneys monies
	391	+	9 other than those raised by taxation or received through
	392	+	10 appropriations from state or county sources.
	393	+	11 "(c) The city and county boards of education shall
	394	+	12 establish and maintain the purchasing facilities and
	395	+	13 procedures as may be necessary to carry out the intent and
	396	+	14 purpose of this chapter by complying with the requirements for
	397	+	15 competitive bidding in the operation and management of each
	398	+	16 city and county board of education.
	399	+	17 "(d) Contracts entered into in violation of this
	400	+	18 chapter shall be void, and any person who violates this
	401	+	19 chapter shall be guilty of a Class C felony."
	402	+	20 Section 4. Although this bill would have as its
	403	+	21 purpose or effect the requirement of a new or increased
	404	+	22 expenditure of local funds, the bill is excluded from further
	405	+	23 requirements and application under Amendment 621, as amended
	406	+	24 by Amendment 890, now appearing as Section 111.05 of the
	407	+	25 Official Recompilation of the Constitution of Alabama of 1901,
	408	+	26 as amended, because the bill defines a new crime or amends the
	409	+	27 definition of an existing crime.
	410	+	Page 15 1 Section 5. This act shall become effective on the
421	411		2 first day of the third month following its passage and
422	412		3 approval by the Governor, or its otherwise becoming law.
423		-	Page 17 SB15
424		-	1
	413	+	Page 16 1
425	414		2
426		-	3
427		-	4
428		-	President and Presiding Officer of the Senate
429		-
430		-	5
431		-	6 Speaker of the House of Representatives
432		-	SB157
433		-	8 Senate 09-FEB-22
434		-	9 I hereby certify that the within Act originated in and passed
435		-	10 the Senate, as amended.
436		-	11
437		-	12 Patrick Harris,
438		-	13 Secretary.
	415	+	3 Senate
	416	+	Read for the first time and referred to the Senate4
	417	+	committee on Education Policy.....................5 1.1-JAN-22
	418	+	6
	419	+	Read for the second time and placed on the calen-7
	420	+	dar with 1 substitute and.........................8 0.2-FEB-22
	421	+	9
	422	+	Read for the third time and passed as amended ....10 0.9-FEB-22
	423	+	Yeas 2911
	424	+	12 Nays 0
	425	+	13
439	426		14
440		-	15
441		-	16
442		-	17 House of Representatives
443		-	18 Passed: 03-MAR-22
444		-	19
445		-	20
446		-	21 By: Senator Melson
447		-	Page 18
	427	+	15 Patrick Harris,
	428	+	16 Secretary.
	429	+	17
	430	+	Page 17