Alabama 2023 Regular Session

Alabama House Bill HB30 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HB30INTRODUCED
2	2	Page 0
3	3	Q7NV41-1
4	4	By Representative McCampbell
5	5	RFD: Education Policy
6	6	First Read: 07-Mar-23
7	7	PFD: 23-Feb-23
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12	12	5 Q7NV41-1 02/16/2023 KMS (L)cr 2023-281
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14	14	SYNOPSIS:
15	15	Under existing law, a public K-12 school or
16	16	school district that is determined to have poor
17	17	performance is labeled by the State Superintendent of
18	18	Education as failing to make adequate progress or as a
19	19	failing school under the school grading system.
20	20	Also under existing law, the Alabama
21	21	Accountability Act of 2013, provides financial
22	22	assistance through an income tax credit to a parent who
23	23	transfers a student from a failing public school to a
24	24	nonfailing public school or nonpublic school of the
25	25	parent's choice.
26	26	This bill would change the designation of a
27	27	failing school to a lowest sixth percent school and the
28	28	designation of a nonfailing school to a highest 94th
29	29	percent school for the purposes of school grading and
30	30	the Alabama Accountability Act of 2013, and would
31	31	require the State Board of Education to reflect those
32	32	changes in terminology when amending or adopting rules.
33	33	A BILL
34	34	TO BE ENTITLED
35	35	AN ACT
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65	65	To amend Sections 16-6C-2, as amended by Act 2022-374,
66	66	2022 Regular Session, 16-6D-3, 16-6D-4, 16-6D-6, 16-6D-8, and
67	67	16-6D-9, as amended by Act 2022-390, 2022 Regular Session,
68	68	Code of Alabama 1975, relating to the public K-12 school
69	69	grading system and the Alabama Accountability Act of 2013; to
70	70	change the designation of a failing school to a lowest sixth
71	71	percent school and the designation of a nonfailing school to a
72	72	highest 94th percent school; and to require the State Board of
73	73	Education to reflect those changes in terminology when
74	74	amending or adopting rules.
75	75	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
76	76	Section 1. Sections 16-6C-2, as amended by Act
77	77	2022-374, 2022 Regular Session, 16-6D-3, 16-6D-4, 16-6D-6,
78	78	16-6D-8, and 16-6D-9, as amended by Act 2022-390, 2022 Regular
79	79	Session, of the Code of Alabama 1975, are amended to read as
80	80	follows:
81	81	"§16-6C-2
82	82	(a) In addition to any other labels or designations
83	83	assigned to public schools and public school districts
84	84	pursuant to a federal, state, school, district, or other
85	85	assessment or accountability system, the State Superintendent
86	86	of Education, consistent with this chapter, shall develop a
87	87	school grading system reflective of school and district
88	88	performance. The grading system shall utilize the traditional
89	89	A, B, C, D, or F framework.
90	90	(1) Schools receiving a grade of "A" are making
91	91	excellent progress.
92	92	(2) Schools receiving a grade of "B" are making above
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122	122	average progress.
123	123	(3) Schools receiving a grade of "C" are making
124	124	satisfactory progress.
125	125	(4) Schools receiving a grade of "D" are making less
126	126	than satisfactory progress.
127	127	(5) Schools receiving a grade of "F" are failing to
128	128	make adequate progress lowest sixth percent schools .
129	129	(b) In developing this school grading system, the State
130	130	Superintendent of Education shall seek input from parents,
131	131	teachers, school administrators, existing State Department of
132	132	Education advisory groups or task forces, and other education
133	133	stakeholders on how the system can properly reflect not only
134	134	the overall academic proficiency of each public school but
135	135	also the academic improvements made by each public school,
136	136	along with other key performance indicators that give a total
137	137	profile of the school or the school system, or both.
138	138	(c) The State Superintendent of Education shall
139	139	prescribe the design and content of the school grading system
140	140	by not later than December 31, 2012. It is the intent of the
141	141	Legislature that the system be in place by no later than the
142	142	2013-2014 school year. The system may not be utilized by the
143	143	State Superintendent of Education or the State Department of
144	144	Education until sufficient rules have been adopted by the
145	145	State Board of Education pursuant to the Alabama
146	146	Administrative Procedure Act.
147	147	(d) Using an easy to understand grading scale, the
148	148	school grading system shall describe achievement in the state,
149	149	each district, and each school. Additionally, the State
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179	179	Superintendent of Education shall not be precluded from also
180	180	assigning grades to school feeder patterns or grades that
181	181	reflect the fiscal health and fiscal efficiency of a school or
182	182	school system.
183	183	(e) The State Superintendent of Education shall make
184	184	these grades available to the general public and shall post
185	185	these grades on the website of the State Department of
186	186	Education as soon as the grades are available. Additionally,
187	187	appropriate grade information shall be delivered to the parent
188	188	or guardian of each public school student at least once
189	189	annually in the same manner that student report cards are
190	190	currently delivered.
191	191	(f)(1) Using state-authorized assessments and other key
192	192	performance indicators that give a total profile of the school
193	193	or the school system, or both, a school's grade, at a minimum,
194	194	shall be based on a combination of student achievement scores,
195	195	achievement gap, college and career readiness, learning gains,
196	196	and other indicators as determined by the State Superintendent
197	197	of Education to impact student learning and success.
198	198	(2) Commencing with the 2021-2022 school year, the
199	199	academic achievement of each student identified as an English
200	200	language learner, who has not shown proficiency on ACCESS for
201	201	EL, or other state approved English proficiency assessment,
202	202	may not be considered in assigning an academic achievement
203	203	grade to a school or school system for the first five years of
204	204	enrollment of the student. The educational progress of each of
205	205	these students shall continue to be measured in the academic
206	206	growth category and the progress in English language
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236	236	proficiency category and, at the end of the five-year period
237	237	for the student, his or her proficiency shall again be
238	238	considered in assigning an academic achievement grade to a
239	239	school or school system on the state A-F school grading
240	240	system.
241	241	(3) The State Superintendent of Education may not amend
242	242	the state Every Student Succeeds Act option for including test
243	243	scores of English language learners enrolled in United States
244	244	schools. The option provides as follows: For the first year of
245	245	enrollment, the test scores shall be reported, but the results
246	246	on both the reading/language arts and math tests shall be
247	247	excluded from the federal accountability system; for the
248	248	second year of enrollment, a measure of student growth on both
249	249	tests shall be included in the federal accountability system;
250	250	and for the third year of enrollment, proficiency on both
251	251	tests shall be included in the federal accountability system.
252	252	Additionally, the option requires English language learners
253	253	who have successfully left the English language learner
254	254	subgroup by attaining English proficiency to be included in
255	255	that subgroup for accountability purposes for four years.
256	256	(g) The A-F school grading system shall be consistently
257	257	applied so that grades of one school or system may be compared
258	258	to the grades of any other school or system."
259	259	"§16-6D-3
260	260	(a) The Legislature finds and declares all of the
261	261	following:
262	262	(1) To further the goals of public education throughout
263	263	the state, each school system should be able to have maximum
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293	293	possible flexibility to meet the needs of students and the
294	294	communities within its jurisdiction.
295	295	(2) There is a critical need for innovative models of
296	296	public education that are tailored to the unique circumstances
297	297	and needs of the students in all schools and communities, and
298	298	especially in schools and communities that are struggling to
299	299	improve academic outcomes and close the achievement gap.
300	300	(3) To better serve students and better use available
301	301	resources, local boards of education, local school systems,
302	302	and parents need the ability to explore flexible alternatives
303	303	in an effort to be more efficient and effective in providing
304	304	operational and programmatic services.
305	305	(b) Therefore, it is the intent of the Legislature to
306	306	do all of the following:
307	307	(1) Allow school systems greater flexibility in meeting
308	308	the educational needs of a diverse student population.
309	309	(2) Improve educational performance through greater
310	310	individual school autonomy and managerial flexibility with
311	311	regard to programs and budgetary matters.
312	312	(3) Encourage innovation in education by providing
313	313	local school systems and school administrators with greater
314	314	control over decisions including, but not limited to,
315	315	budgetary matters, staffing, personnel, scheduling, and
316	316	educational programming, including curriculum and instruction.
317	317	(4) Provide financial assistance through an income tax
318	318	credit to a parent who transfers a student from a failing
319	319	lowest sixth percent public school to a nonfailing highest
320	320	94th percent public school or nonpublic school of the parent's
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350	350	choice."
351	351	"§16-6D-4
352	352	For the purposes of this chapter, the following terms
353	353	shall have the following meanings:
354	354	(1) ACADEMIC YEAR. The 12-month period beginning on
355	355	July 1 and ending on the following June 30.
356	356	(2) DEPARTMENT OF REVENUE. The Alabama Department of
357	357	Revenue.
358	358	(3) EDUCATIONAL SCHOLARSHIP. A grant made by a
359	359	scholarship granting organization to an eligible student to
360	360	cover all or part of the tuition and mandatory fees for one
361	361	academic year charged by a qualifying school to the eligible
362	362	student receiving the scholarship; provided, however, that an
363	363	educational scholarship shall not exceed six thousand dollars
364	364	($6,000) for an elementary school student, eight thousand
365	365	dollars ($8,000) for a middle school student, or ten thousand
366	366	dollars ($10,000) for a high school student per academic year.
367	367	The term does not include a lump sum, block grant, or similar
368	368	payment by a scholarship granting organization to a qualifying
369	369	school that assigns the responsibility in whole or in part for
370	370	determining the eligibility of scholarship recipients to the
371	371	qualifying school or any person or entity other than the
372	372	scholarship granting organization.
373	373	(4) ELIGIBLE STUDENT.
374	374	a. A student who satisfies all of the following:
375	375	1. Is a member of a family whose total annual income
376	376	the calendar year before he or she receives an educational
377	377	scholarship under this program does not exceed 185 percent of
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407	407	the federal poverty level, the federally recognized threshold
408	408	for receiving free or reduced priced lunch, as established
409	409	from time to time by the U.S. Department of Health and Human
410	410	Services.
411	411	2. Was eligible to attend a public school in the
412	412	preceding semester or is starting school in Alabama for the
413	413	first time.
414	414	3. Resides in Alabama while receiving an educational
415	415	scholarship.
416	416	b. A scholarship granting organization shall determine
417	417	the eligibility of a student under subparagraph 1. of
418	418	paragraph a. every other academic year in which a student
419	419	receives an educational scholarship; provided that if the
420	420	annual income of the family of a student who has received at
421	421	least one educational scholarship exceeds 185 percent of the
422	422	federal poverty level, the existing student shall remain
423	423	eligible to receive educational scholarships until and unless
424	424	the annual income of the family of the student exceeds 275
425	425	percent of the federal poverty level; provided, further that
426	426	no student who has received at least one educational
427	427	scholarship shall be eligible to receive educational
428	428	scholarships if the annual income of his or her family exceeds
429	429	275 percent of the federal poverty level.
430	430	(5) FAILING SCHOOL. A public K-12 school that is either
431	431	of the following:
432	432	a. Is designated as a failing school by the State
433	433	Superintendent of Education.
434	434	b. Does not exclusively serve a special population of
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464	464	students and is listed in the lowest six percent of public
465	465	K-12 schools based on the state standardized assessment in
466	466	reading and math.
467	467	(6)(5) FAMILY. A group of two or more people related by
468	468	birth, marriage, or adoption, including foster children, who
469	469	reside together.
470	470	(7)(6) FLEXIBILITY CONTRACT. A school flexibility
471	471	contract between the local school system and the State Board
472	472	of Education wherein a local school system may apply for
473	473	programmatic flexibility or budgetary flexibility, or both,
474	474	from state laws, regulations, and policies, including
475	475	regulations and policies promulgated adopted by the State
476	476	Board of Education and the State Department of Education.
477	477	(8)(7) INNOVATION PLAN. The request of a local school
478	478	system for flexibility and plan for annual accountability
479	479	measures and five-year targets for all participating schools
480	480	within the school system.
481	481	(9)(8) LOCAL BOARD OF EDUCATION. A city or county board
482	482	of education that exercises management and control of a local
483	483	school system pursuant to state law.
484	484	(10)(9) LOCAL SCHOOL SYSTEM. A public agency that
485	485	establishes and supervises one or more public schools within
486	486	its geographical limits pursuant to state law.
487	487	(10) LOWEST SIXTH PERCENT SCHOOL. A public K-12 school
488	488	that is either of the following:
489	489	a. Is designated as a lowest sixth percent school by
490	490	the State Superintendent of Education.
491	491	b. Does not exclusively serve a special population of
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521	521	students and is listed in the lowest sixth percent of public
522	522	K-12 schools based on the state standardized assessment in
523	523	reading and math.
524	524	(11) NONPUBLIC SCHOOL. Any nonpublic or private school,
525	525	including parochial schools, not under the jurisdiction of the
526	526	State Superintendent of Education and the State Board of
527	527	Education, providing educational services to children. A
528	528	nonpublic school provides education to elementary or
529	529	secondary, or both, students and has notified the Department
530	530	of Revenue of its intention to participate in the scholarship
531	531	program and comply with the requirements of the scholarship
532	532	program. A nonpublic school does not include home schooling.
533	533	(12) PARENT. The parent or guardian of a student, with
534	534	authority to act on behalf of the student. For purposes of
535	535	Section 16-6D-8, the parent or guardian shall claim the
536	536	student as a dependent on his or her Alabama state income tax
537	537	return.
538	538	(13) QUALIFYING SCHOOL.
539	539	a. Either a public school outside of the resident
540	540	school district that is not considered failing lowest sixth
541	541	percent within the meaning of subdivision (5) (10) or any
542	542	nonpublic school as defined in subdivision (11) and that
543	543	satisfies the requirements of this subdivision. A qualifying
544	544	nonpublic school shall be accredited by one of the six
545	545	regional accrediting agencies or the National Council for
546	546	Private School Accreditation, Advanc Eed, the American
547	547	Association of Christian Schools, or one of their partner
548	548	accrediting agencies. A nonpublic school shall have three
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578	578	years from the later of the date the nonpublic school notified
579	579	the Department of Revenue of its intent to participate in the
580	580	scholarship program or June 10, 2015, to obtain the required
581	581	accreditation and shall thereafter maintain accreditation as
582	582	required by this subdivision. During the three-year period
583	583	described in the immediately preceding sentence, a nonpublic
584	584	school that is not accredited shall satisfy all of the
585	585	following conditions until the nonpublic school obtains
586	586	accreditation:
587	587	1. Has been in existence for at least three years.
588	588	2. Has daily attendance of at least 85 percent over a
589	589	two-year period.
590	590	3. Has a minimum 180-day school year, or its hourly
591	591	equivalent.
592	592	4. Has a day length of at least six and one-half hours.
593	593	5. Requires all students to take the Stanford
594	594	Achievement Test, or its equivalent.
595	595	6. Requires all candidates for graduation to take the
596	596	American College Test before graduation.
597	597	7. Requires students in high school in grades nine
598	598	through 12 to earn a minimum of 24 credits before graduating,
599	599	including 16 credits in core subjects, and each awarded credit
600	600	shall consist of a minimum of 140 instructional hours.
601	601	8. Does not subject special education students to the
602	602	same testing or curricular requirements as regular education
603	603	students if it is not required in the individual plan for the
604	604	student.
605	605	9. Maintains a website that describes the school, the
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635	635	instructional program of the school, and the tuition and
636	636	mandatory fees charged by the school, updated prior to the
637	637	beginning of each semester.
638	638	10. Annually affirms on forms prescribed by the
639	639	scholarship granting organization and the Department of
640	640	Revenue its status financially and academically and provide
641	641	other relative information as required by the scholarship
642	642	granting organization or as otherwise required in this
643	643	chapter.
644	644	b. A nonpublic school that is not accredited and that
645	645	has not been in existence for at least three years shall
646	646	nevertheless be considered a qualifying school if, in addition
647	647	to satisfying the requirements in subparagraphs 2. to 10.,
648	648	inclusive, of paragraph a., the nonpublic school operates
649	649	under the governance of the board of directors or the
650	650	equivalent thereof of an accredited nonpublic school. For
651	651	purposes of the immediately preceding sentence, the term
652	652	governance shall include, but not be limited to, curriculum
653	653	oversight, personnel and facility management, and financial
654	654	management. If, at the conclusion of the three-year period in
655	655	which a nonpublic school is required to obtain accreditation,
656	656	a nonpublic school is not accredited, the nonpublic school
657	657	shall not be considered a qualifying school and shall not
658	658	receive any funds from a scholarship granting organization
659	659	until the nonpublic school obtains the accreditation required
660	660	by this subdivision.
661	661	(14) SCHOLARSHIP GRANTING ORGANIZATION. An organization
662	662	that provides or is approved to provide educational
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692	692	scholarships to eligible students attending qualifying schools
693	693	of their parents' choice."
694	694	"§16-6D-6
695	695	(a) The innovation plan of a local school system shall
696	696	include, at a minimum, all of the following:
697	697	(1) The school year that the local school system
698	698	expects the school flexibility contract to begin.
699	699	(2) The list of state laws, regulations, and policies,
700	700	including rules, regulations, and policies promulgated adopted
701	701	by the State Board of Education and the State Department of
702	702	Education, that the local school system is seeking to waive in
703	703	its school flexibility contract.
704	704	(3) A list of schools included in the innovation plan
705	705	of the local school system.
706	706	(b) A local school system is accountable to the state
707	707	for the performance of all schools in its system, including
708	708	innovative schools, under state and federal accountability
709	709	requirements.
710	710	(c) A local school system may not, pursuant to this
711	711	chapter, waive requirements imposed by federal law,
712	712	requirements related to the health and safety of students or
713	713	employees, requirements imposed by ethics laws, requirements
714	714	imposed by the Alabama Child Protection Act of 1999, Chapter
715	715	22A of this title, requirements imposed by open records or
716	716	open meetings laws, requirements related to financial or
717	717	academic reporting or transparency, requirements designed to
718	718	protect the civil rights of students or employees,
719	719	requirements related to the state retirement system or state
720	720	337
721	721	338
722	722	339
723	723	340
724	724	341
725	725	342
726	726	343
727	727	344
728	728	345
729	729	346
730	730	347
731	731	348
732	732	349
733	733	350
734	734	351
735	735	352
736	736	353
737	737	354
738	738	355
739	739	356
740	740	357
741	741	358
742	742	359
743	743	360
744	744	361
745	745	362
746	746	363
747	747	364 HB30 INTRODUCEDHB30 INTRODUCED
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749	749	health insurance plan, or requirements imposed by Act
750	750	2012-482. This chapter may not be construed to allow a local
751	751	school system to compensate an employee at an annual amount
752	752	that is less than the amount the employee would otherwise be
753	753	afforded through the State Minimum Salary Schedule included in
754	754	the annual Education Trust Fund Appropriations Act. No local
755	755	school system shall involuntarily remove any rights or
756	756	privileges acquired by any employee under the Students First
757	757	Act of 2011, Chapter 24C of this title. Except as provided for
758	758	a failing lowest sixth percent school pursuant to subsection
759	759	(e), no plan or program submitted by a local board of
760	760	education may be used to deny any right or privilege granted
761	761	to a new employee pursuant to the Students First Act of 2011.
762	762	(d) No provision of this chapter shall be construed or
763	763	shall be used to authorize the formation of a charter school.
764	764	(e) Any provision of subsection (c) to the contrary
765	765	notwithstanding, nothing in this chapter shall be construed to
766	766	prohibit the approval of a flexibility contract that gives
767	767	potential, current, or future employees of a failing lowest
768	768	sixth percent school within the local school system the option
769	769	to voluntarily waive any rights or privileges already acquired
770	770	or that could potentially be acquired as a result of attaining
771	771	tenure or nonprobationary status, provided, however, that any
772	772	employee provided this option is also provided the option of
773	773	retaining or potentially obtaining any rights or privileges
774	774	provided under the Students First Act, Chapter 24C of this
775	775	title.
776	776	(f) The State Department of Education shall finalize
777	777	365
778	778	366
779	779	367
780	780	368
781	781	369
782	782	370
783	783	371
784	784	372
785	785	373
786	786	374
787	787	375
788	788	376
789	789	377
790	790	378
791	791	379
792	792	380
793	793	381
794	794	382
795	795	383
796	796	384
797	797	385
798	798	386
799	799	387
800	800	388
801	801	389
802	802	390
803	803	391
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806	806	all school data and the local school system shall seek
807	807	approval of the local board of education before final
808	808	submission to the State Department of Education and the State
809	809	Board of Education.
810	810	(g) The final innovation plan, as recommended by the
811	811	local superintendent of education and approved by the local
812	812	board of education, shall accompany the formal submission of
813	813	the local school system to the State Department of Education.
814	814	(h) Within 60 days of receiving the final submission,
815	815	the State Superintendent of Education shall decide whether or
816	816	not the school flexibility contract and the innovation plan
817	817	should be approved. If the State Superintendent of Education
818	818	denies a school flexibility contract and innovation plan, he
819	819	or she shall provide a written explanation for his or her
820	820	decision to the local board of education. Likewise, a written
821	821	letter of approval by the State Superintendent of Education
822	822	shall be provided to the local board of education that
823	823	submitted the final school flexibility contract and innovation
824	824	plan.
825	825	(i) The State Board of Education shall promulgate adopt
826	826	any necessary rules and regulations required to implement this
827	827	chapter including, but not limited to, all of the following:
828	828	(1) The specification of timelines for submission and
829	829	approval of the innovation plan and school flexibility
830	830	contract of a local school system.
831	831	(2) An authorization for the State Department of
832	832	Education, upon approval by the State Board of Education after
833	833	periodic review, to revoke a school flexibility contract for
834	834	393
835	835	394
836	836	395
837	837	396
838	838	397
839	839	398
840	840	399
841	841	400
842	842	401
843	843	402
844	844	403
845	845	404
846	846	405
847	847	406
848	848	407
849	849	408
850	850	409
851	851	410
852	852	411
853	853	412
854	854	413
855	855	414
856	856	415
857	857	416
858	858	417
859	859	418
860	860	419
861	861	420 HB30 INTRODUCEDHB30 INTRODUCED
862	862	Page 16
863	863	noncompliance or nonperformance, or both, by a local school
864	864	system.
865	865	(3) An outline of procedures and necessary steps that a
866	866	local school system shall follow, upon denial of an original
867	867	submission, to amend and resubmit an innovation plan and
868	868	school flexibility contract for approval."
869	869	"§16-6D-8
870	870	(a) To provide educational flexibility and state
871	871	accountability for students in failing lowest sixth percent
872	872	schools:
873	873	(1) For tax years beginning on and after January 1,
874	874	2013, an Alabama income tax credit is made available to the
875	875	parent of a student enrolled in or assigned to attend a
876	876	failing lowest sixth percent school to help offset the cost of
877	877	transferring the student to a nonfailing highest 94th percent
878	878	public school or nonpublic school of the parent's choice. The
879	879	income tax credit shall be an amount equal to 80 percent of
880	880	the average annual state cost of attendance for a public K-12
881	881	student during the applicable tax year or the actual cost of
882	882	attending a nonfailing highest 94th percent public school or
883	883	nonpublic school, whichever is less. The actual cost of
884	884	attending a nonfailing highest 94th percent public school or
885	885	nonpublic school shall be calculated by adding together any
886	886	tuition amounts or mandatory fees charged by the school to the
887	887	student as a condition of enrolling or of maintaining
888	888	enrollment in the school. The average annual state cost of
889	889	attendance for a public K-12 student shall be calculated by
890	890	dividing the state funds appropriated to the Foundation
891	891	421
892	892	422
893	893	423
894	894	424
895	895	425
896	896	426
897	897	427
898	898	428
899	899	429
900	900	430
901	901	431
902	902	432
903	903	433
904	904	434
905	905	435
906	906	436
907	907	437
908	908	438
909	909	439
910	910	440
911	911	441
912	912	442
913	913	443
914	914	444
915	915	445
916	916	446
917	917	447
918	918	448 HB30 INTRODUCEDHB30 INTRODUCED
919	919	Page 17
920	920	Program pursuant to Section 16-13-231(b)(2) by the total
921	921	statewide number of pupils in average daily membership during
922	922	the first 20 scholastic days following Labor Day of the
923	923	preceding school year. For each student who was enrolled in
924	924	and attended a failing lowest sixth percent school the
925	925	previous semester whose parent receives an income tax credit
926	926	under this section, an amount equal to 20 percent of the
927	927	average annual state cost of attendance for a public K-12
928	928	student during the applicable tax year shall be allocated, for
929	929	as long as the parent receives the tax credit, to the failing
930	930	lowest sixth percent school from which the student transferred
931	931	if the student transfers to and remains enrolled in a
932	932	nonpublic school. No such allocation shall be made in the
933	933	event the student transfers to or enrolls in a nonfailing
934	934	highest 94th percent public school. The Department of
935	935	Education shall determine the best method of ensuring that the
936	936	foregoing allocation provisions are properly implemented. A
937	937	parent is allowed a credit against income tax for each taxable
938	938	year under the terms established in this section. If income
939	939	taxes owed by such a parent are less than the total credit
940	940	allowed under this subsection, the taxpayer shall be entitled
941	941	to a refund or rebate, as the case may be, equal to the
942	942	balance of the unused credit with respect to that taxable
943	943	year.
944	944	(2) Any income tax credit due a parent under this
945	945	section shall be granted or issued to the parent only upon his
946	946	or her making application therefor, at such time and in such
947	947	manner as may be prescribed from time to time by the
948	948	449
949	949	450
950	950	451
951	951	452
952	952	453
953	953	454
954	954	455
955	955	456
956	956	457
957	957	458
958	958	459
959	959	460
960	960	461
961	961	462
962	962	463
963	963	464
964	964	465
965	965	466
966	966	467
967	967	468
968	968	469
969	969	470
970	970	471
971	971	472
972	972	473
973	973	474
974	974	475
975	975	476 HB30 INTRODUCEDHB30 INTRODUCED
976	976	Page 18
977	977	Department of Revenue. The application process shall include,
978	978	but not be limited to, certification by the parent that the
979	979	student was enrolled in or was assigned to attend a failing
980	980	lowest sixth percent school, certification by the parent that
981	981	the student was subsequently transferred to, and was enrolled
982	982	and attended, a nonfailing highest 94th percent public school
983	983	or nonpublic school of the parent's choice, and proof,
984	984	satisfactory to the Department of Revenue, of the actual cost
985	985	of attendance for the student at the nonfailing highest 94th
986	986	percent public school or nonpublic school. For purposes of the
987	987	tax credit authorized by this section, costs of attendance
988	988	does not include any such costs incurred for an academic year
989	989	prior to the 2013-2014 academic year. The Department of
990	990	Revenue shall also prescribe the various methods by which
991	991	income tax credits are to be issued to taxpayers. Income tax
992	992	credits authorized by this section shall be paid out of sales
993	993	tax collections made to the Education Trust Fund, and set
994	994	aside by the Comptroller in the Failing Lowest Sixth Percent
995	995	Schools Income Tax Credit Account created in subsection (c),
996	996	in the same manner as refunds of income tax otherwise provided
997	997	by law, and there is hereby appropriated therefrom, for such
998	998	purpose, so much as may be necessary to annually pay the
999	999	income tax credits provided by this section.
1000	1000	(3) An application for an income tax credit authorized
1001	1001	by this section shall be filed with the Department of Revenue
1002	1002	within the time prescribed for filing petitions for refund
1003	1003	under Section 40-2A-7.
1004	1004	(4) The Department of Revenue shall promulgate adopt
1005	1005	477
1006	1006	478
1007	1007	479
1008	1008	480
1009	1009	481
1010	1010	482
1011	1011	483
1012	1012	484
1013	1013	485
1014	1014	486
1015	1015	487
1016	1016	488
1017	1017	489
1018	1018	490
1019	1019	491
1020	1020	492
1021	1021	493
1022	1022	494
1023	1023	495
1024	1024	496
1025	1025	497
1026	1026	498
1027	1027	499
1028	1028	500
1029	1029	501
1030	1030	502
1031	1031	503
1032	1032	504 HB30 INTRODUCEDHB30 INTRODUCED
1033	1033	Page 19
1034	1034	reasonable rules to effectuate the intent of this subsection.
1035	1035	(b)(1) The parent of a public school student may
1036	1036	request and receive an income tax credit pursuant to this
1037	1037	section to reimburse the parent for costs associated with
1038	1038	transferring the student from a failing lowest sixth percent
1039	1039	school to a nonfailing highest 94th percent public school or
1040	1040	nonpublic school of the parent's choice, in any of the
1041	1041	following circumstances:
1042	1042	a. By assigned school attendance area, if the student
1043	1043	spent the prior school year in attendance at a failing lowest
1044	1044	sixth percent school and the attendance of the student
1045	1045	occurred during a school year in which the designation was in
1046	1046	effect.
1047	1047	b. The student was in attendance elsewhere in the
1048	1048	Alabama public school system and was assigned to a failing
1049	1049	lowest sixth percent school for the next school year.
1050	1050	c. The student was notified that he or she was assigned
1051	1051	to a failing lowest sixth percent school for the next school
1052	1052	year.
1053	1053	(2) This section does not apply to a student who is
1054	1054	enrolled in the Department of Youth Services School District.
1055	1055	(3) For the purposes of continuity of educational
1056	1056	choice, the tax credit shall be available to parents for those
1057	1057	grade levels of the failing lowest sixth percent school from
1058	1058	which the student transferred. The parent of a student who
1059	1059	transfers from a failing lowest sixth percent school may
1060	1060	receive income tax credits for those grade levels enrolled in
1061	1061	and attended in the nonfailing highest 94th percent public
1062	1062	505
1063	1063	506
1064	1064	507
1065	1065	508
1066	1066	509
1067	1067	510
1068	1068	511
1069	1069	512
1070	1070	513
1071	1071	514
1072	1072	515
1073	1073	516
1074	1074	517
1075	1075	518
1076	1076	519
1077	1077	520
1078	1078	521
1079	1079	522
1080	1080	523
1081	1081	524
1082	1082	525
1083	1083	526
1084	1084	527
1085	1085	528
1086	1086	529
1087	1087	530
1088	1088	531
1089	1089	532 HB30 INTRODUCEDHB30 INTRODUCED
1090	1090	Page 20
1091	1091	school or nonpublic school of the parent's choice transferred
1092	1092	to that were included in the failing lowest sixth percent
1093	1093	school from which the student transferred, whether or not the
1094	1094	failing lowest sixth percent school becomes a nonfailing
1095	1095	highest 94th percent school during those years. The parent of
1096	1096	such a student shall no longer be eligible for the income tax
1097	1097	credit after the student completes the highest grade level in
1098	1098	which he or she would otherwise have been enrolled at the
1099	1099	failing lowest sixth percent school. Notwithstanding the
1100	1100	foregoing, as long as the student remains enrolled in or
1101	1101	assigned to attend a failing lowest sixth percent school, the
1102	1102	parent may again transfer the student to a nonfailing highest
1103	1103	94th percent public school or nonpublic school of the parent's
1104	1104	choice and request and receive an income tax credit as
1105	1105	provided in this section.
1106	1106	(4) A local school system, for each student enrolled in
1107	1107	or assigned to a failing lowest sixth percent school, shall do
1108	1108	all of the following:
1109	1109	a. Timely notify the parent of the student of all
1110	1110	options available under this section as soon as the school of
1111	1111	attendance is designated as a failing lowest sixth percent
1112	1112	school.
1113	1113	b. Offer the parent of the student an opportunity to
1114	1114	enroll the student in another public school within the local
1115	1115	school system that is not a failing lowest sixth percent
1116	1116	school or a failing lowest sixth percent school to which the
1117	1117	student has been assigned.
1118	1118	(5) The parent of a student enrolled in or assigned to
1119	1119	533
1120	1120	534
1121	1121	535
1122	1122	536
1123	1123	537
1124	1124	538
1125	1125	539
1126	1126	540
1127	1127	541
1128	1128	542
1129	1129	543
1130	1130	544
1131	1131	545
1132	1132	546
1133	1133	547
1134	1134	548
1135	1135	549
1136	1136	550
1137	1137	551
1138	1138	552
1139	1139	553
1140	1140	554
1141	1141	555
1142	1142	556
1143	1143	557
1144	1144	558
1145	1145	559
1146	1146	560 HB30 INTRODUCEDHB30 INTRODUCED
1147	1147	Page 21
1148	1148	a school that has been designated as a failing lowest sixth
1149	1149	percent school, who decides to transfer the student to a
1150	1150	nonfailing highest 94th percent public school, shall first
1151	1151	attempt to enroll the student in a nonfailing highest 94th
1152	1152	percent public school within the same local system in which
1153	1153	the student is already enrolled or assigned to attend before
1154	1154	attempting to enroll the student in a nonfailing highest 94th
1155	1155	percent public school that has available space in any other
1156	1156	local school system in the state. A local school system may
1157	1157	accept the student on whatever terms and conditions the system
1158	1158	establishes and report the student for purposes of the local
1159	1159	school system's funding pursuant to the Foundation Program.
1160	1160	(6) For students in the local school system who are
1161	1161	participating in the tax credit program, the local school
1162	1162	system shall provide locations and times to take all statewide
1163	1163	assessments required by law.
1164	1164	(7) Students with disabilities who are eligible to
1165	1165	receive services from the local school system under federal or
1166	1166	state law, and who participate in the tax credit program,
1167	1167	remain eligible to receive services from the local school
1168	1168	system as provided by federal or state law.
1169	1169	(8) If a parent enrolls a student in a nonfailing
1170	1170	highest 94th percent public school within the same local
1171	1171	school system, and that system provides transportation
1172	1172	services for other enrolled students, transportation costs to
1173	1173	the nonfailing highest 94th percent public school shall be the
1174	1174	responsibility of the local school system. Local school
1175	1175	systems may negotiate transportation options with a parent to
1176	1176	561
1177	1177	562
1178	1178	563
1179	1179	564
1180	1180	565
1181	1181	566
1182	1182	567
1183	1183	568
1184	1184	569
1185	1185	570
1186	1186	571
1187	1187	572
1188	1188	573
1189	1189	574
1190	1190	575
1191	1191	576
1192	1192	577
1193	1193	578
1194	1194	579
1195	1195	580
1196	1196	581
1197	1197	582
1198	1198	583
1199	1199	584
1200	1200	585
1201	1201	586
1202	1202	587
1203	1203	588 HB30 INTRODUCEDHB30 INTRODUCED
1204	1204	Page 22
1205	1205	minimize system costs. If a parent enrolls a student in a
1206	1206	nonpublic school or in a nonfailing highest 94th percent
1207	1207	public school within another local school system, regardless
1208	1208	of whether that system provides transportation services for
1209	1209	other enrolled students, transportation of the student shall
1210	1210	be the responsibility of the parent.
1211	1211	(9) The State Department of Education shall promulgate
1212	1212	adopt reasonable rules to effectuate the intent of this
1213	1213	subsection. Rules shall include penalties for noncompliance.
1214	1214	(c) There is created within the Education Trust Fund a
1215	1215	separate account named the Failing Lowest Sixth Percent
1216	1216	Schools Income Tax Credit Account. The Commissioner of Revenue
1217	1217	shall certify to the Comptroller the amount of income tax
1218	1218	credits due to parents under this section and the Comptroller
1219	1219	shall transfer into the Failing Lowest Sixth Percent Schools
1220	1220	Income Tax Credit Account only the amount from sales tax
1221	1221	revenues within the Education Trust Fund that is sufficient
1222	1222	for the Department of Revenue to use to cover the income tax
1223	1223	credits for the applicable tax year. The Commissioner of
1224	1224	Revenue shall distribute the funds in the Failing Lowest Sixth
1225	1225	Percent Schools Income Tax Credit Account to parents pursuant
1226	1226	to this section.
1227	1227	(d)(1) Nothing in this section or chapter shall be
1228	1228	construed to force any public school, school system, or school
1229	1229	district or any nonpublic school, school system, or school
1230	1230	district to enroll any student.
1231	1231	(2) A public school, school system, or school district
1232	1232	or any nonpublic school, school system, or school district may
1233	1233	589
1234	1234	590
1235	1235	591
1236	1236	592
1237	1237	593
1238	1238	594
1239	1239	595
1240	1240	596
1241	1241	597
1242	1242	598
1243	1243	599
1244	1244	600
1245	1245	601
1246	1246	602
1247	1247	603
1248	1248	604
1249	1249	605
1250	1250	606
1251	1251	607
1252	1252	608
1253	1253	609
1254	1254	610
1255	1255	611
1256	1256	612
1257	1257	613
1258	1258	614
1259	1259	615
1260	1260	616 HB30 INTRODUCEDHB30 INTRODUCED
1261	1261	Page 23
1262	1262	develop the terms and conditions under which it will allow a
1263	1263	student whose parent receives an income tax credit pursuant to
1264	1264	this section to be enrolled, but such terms and conditions may
1265	1265	not discriminate on the basis of the race, gender, religion,
1266	1266	color, disability status, or ethnicity of the student or of
1267	1267	the student's parent.
1268	1268	(3) Nothing in this section shall be construed to
1269	1269	authorize the violation of or supersede the authority of any
1270	1270	court ruling that applies to the public school, school system,
1271	1271	or school district, specifically any federal court order
1272	1272	related to the desegregation of the local school system's
1273	1273	student population."
1274	1274	"§16-6D-9
1275	1275	(a)(1) An individual taxpayer who files a state income
1276	1276	tax return and is not claimed as a dependent of another
1277	1277	taxpayer, a taxpayer subject to the corporate income tax
1278	1278	levied by Chapter 18 of Title 40, an Alabama S corporation as
1279	1279	defined in Section 40-18-160, or a Subchapter K entity as
1280	1280	defined in Section 40-18-1 may claim a credit for a
1281	1281	contribution made to a scholarship granting organization. If
1282	1282	the credit is claimed by an Alabama S corporation or
1283	1283	Subchapter K entity, the credit shall pass through to and may
1284	1284	be claimed by any taxpayer eligible to claim a credit under
1285	1285	this subdivision who is a shareholder, partner, or member
1286	1286	thereof, based on the taxpayer's pro rata or distributive
1287	1287	share, respectively, of the credit.
1288	1288	(2) The tax credit may be claimed by an individual
1289	1289	taxpayer or a married couple filing jointly in an amount equal
1290	1290	617
1291	1291	618
1292	1292	619
1293	1293	620
1294	1294	621
1295	1295	622
1296	1296	623
1297	1297	624
1298	1298	625
1299	1299	626
1300	1300	627
1301	1301	628
1302	1302	629
1303	1303	630
1304	1304	631
1305	1305	632
1306	1306	633
1307	1307	634
1308	1308	635
1309	1309	636
1310	1310	637
1311	1311	638
1312	1312	639
1313	1313	640
1314	1314	641
1315	1315	642
1316	1316	643
1317	1317	644 HB30 INTRODUCEDHB30 INTRODUCED
1318	1318	Page 24
1319	1319	to 100 percent of the total contributions the taxpayer made to
1320	1320	a scholarship granting organization for educational
1321	1321	scholarships during the taxable year for which the credit is
1322	1322	claimed, up to 100 percent of the tax liability of the
1323	1323	individual taxpayer, not to exceed one hundred thousand
1324	1324	dollars ($100,000) per individual taxpayer or married couple
1325	1325	filing jointly. For purposes of this section, an individual
1326	1326	taxpayer includes an individual who is a shareholder of an
1327	1327	Alabama S corporation or a partner or member of a Subchapter K
1328	1328	entity that made a contribution to a scholarship granting
1329	1329	organization.
1330	1330	(3) The tax credit may be claimed by a taxpayer subject
1331	1331	to the Alabama corporate income tax in an amount equal to 100
1332	1332	percent of the total contributions the taxpayer made to a
1333	1333	scholarship granting organization for educational scholarships
1334	1334	during the taxable year for which the credit is claimed, up to
1335	1335	100 percent of the tax liability of the taxpayer.
1336	1336	(4) A taxpayer subject to the Alabama corporate income
1337	1337	tax, an individual taxpayer, or a married couple filing
1338	1338	jointly may carry forward a tax credit earned under the tax
1339	1339	credit scholarship program for up to three taxable years.
1340	1340	(5) The cumulative amount of tax credits issued
1341	1341	pursuant to subdivision (2) and subdivision (3) shall not
1342	1342	exceed thirty million dollars ($30,000,000) annually, based on
1343	1343	the calendar year. A taxpayer making one or more otherwise
1344	1344	tax-creditable contributions before the due date, with
1345	1345	extensions, of a timely filed 2014 tax return may elect to
1346	1346	treat all or a portion of such contributions as applying to
1347	1347	645
1348	1348	646
1349	1349	647
1350	1350	648
1351	1351	649
1352	1352	650
1353	1353	651
1354	1354	652
1355	1355	653
1356	1356	654
1357	1357	655
1358	1358	656
1359	1359	657
1360	1360	658
1361	1361	659
1362	1362	660
1363	1363	661
1364	1364	662
1365	1365	663
1366	1366	664
1367	1367	665
1368	1368	666
1369	1369	667
1370	1370	668
1371	1371	669
1372	1372	670
1373	1373	671
1374	1374	672 HB30 INTRODUCEDHB30 INTRODUCED
1375	1375	Page 25
1376	1376	and creditable against its 2014 Alabama income tax liability,
1377	1377	if the taxpayer properly reserves the credit on the website of
1378	1378	the Department of Revenue or another method provided by the
1379	1379	Department of Revenue. The amount creditable against the
1380	1380	taxpayer's 2014 income tax liability shall be limited to the
1381	1381	lesser of the amount so designated or the remaining balance,
1382	1382	if any, of the cumulative amount of the twenty-five million
1383	1383	dollars ($25,000,000) of tax credits available for the 2014
1384	1384	calendar year. No such contribution and election by a taxpayer
1385	1385	to reserve tax credits against the remaining balance of the
1386	1386	cumulative amount of tax credits available for 2014 shall
1387	1387	preclude the taxpayer from making additional contributions in
1388	1388	2015 and reserving those amounts against the cumulative amount
1389	1389	of tax credits available for 2015. The Department of Revenue
1390	1390	shall develop a procedure to ensure that this cap is not
1391	1391	exceeded and shall also prescribe the various methods by which
1392	1392	these credits are to be issued.
1393	1393	(6) No credit may be claimed for a contribution made to
1394	1394	a scholarship granting organization if the contribution is
1395	1395	restricted or conditioned in any way by the donor including,
1396	1396	but not limited to, requiring the scholarship granting
1397	1397	organization to direct all or part of the contribution to a
1398	1398	particular qualifying school or to grant an educational
1399	1399	scholarship to a particular eligible student.
1400	1400	(b)(1) ADMINISTRATIVE ACCOUNTABILITY STANDARDS. All
1401	1401	scholarship granting organizations shall do all of the
1402	1402	following:
1403	1403	a. Notify the Department of Revenue of their intent to
1404	1404	673
1405	1405	674
1406	1406	675
1407	1407	676
1408	1408	677
1409	1409	678
1410	1410	679
1411	1411	680
1412	1412	681
1413	1413	682
1414	1414	683
1415	1415	684
1416	1416	685
1417	1417	686
1418	1418	687
1419	1419	688
1420	1420	689
1421	1421	690
1422	1422	691
1423	1423	692
1424	1424	693
1425	1425	694
1426	1426	695
1427	1427	696
1428	1428	697
1429	1429	698
1430	1430	699
1431	1431	700 HB30 INTRODUCEDHB30 INTRODUCED
1432	1432	Page 26
1433	1433	provide educational scholarships to eligible students.
1434	1434	b. Demonstrate to the Department of Revenue that they
1435	1435	have been granted exemption from the federal income tax as an
1436	1436	organization described in Section 501(c)(3) of the Internal
1437	1437	Revenue Code, as in effect from time to time.
1438	1438	c. Distribute periodic educational scholarship payments
1439	1439	as checks made out and mailed to or directly deposited with
1440	1440	the school where the student is enrolled.
1441	1441	d. Provide a Department of Revenue approved receipt to
1442	1442	taxpayers for contributions made to the scholarship granting
1443	1443	organization.
1444	1444	e. Ensure that all determinations with respect to the
1445	1445	eligibility of a student to receive an educational scholarship
1446	1446	shall be made by the scholarship granting organization. A
1447	1447	scholarship granting organization shall not delegate any
1448	1448	responsibility for determining the eligibility of a student
1449	1449	for an educational scholarship or any other requirements it is
1450	1450	subject to under this chapter to any qualifying school or an
1451	1451	entity affiliated therewith.
1452	1452	f. Ensure that at least 95 percent of their revenue
1453	1453	from donations is expended on educational scholarships, and
1454	1454	that all revenue from interest or investments is expended on
1455	1455	educational scholarships. A scholarship granting organization
1456	1456	may expend up to five percent of its revenue from donations on
1457	1457	administrative and operating expenses in the calendar year of
1458	1458	the donation or in any subsequent calendar year.
1459	1459	g. Ensure that scholarship funds on hand at the
1460	1460	beginning of a calendar year are expended on educational
1461	1461	701
1462	1462	702
1463	1463	703
1464	1464	704
1465	1465	705
1466	1466	706
1467	1467	707
1468	1468	708
1469	1469	709
1470	1470	710
1471	1471	711
1472	1472	712
1473	1473	713
1474	1474	714
1475	1475	715
1476	1476	716
1477	1477	717
1478	1478	718
1479	1479	719
1480	1480	720
1481	1481	721
1482	1482	722
1483	1483	723
1484	1484	724
1485	1485	725
1486	1486	726
1487	1487	727
1488	1488	728 HB30 INTRODUCEDHB30 INTRODUCED
1489	1489	Page 27
1490	1490	scholarships within three calendar years. Any scholarship
1491	1491	funds on hand at the beginning of a calendar year that are not
1492	1492	expended on educational scholarships within three calendar
1493	1493	years shall be turned over to and deposited with the State
1494	1494	Department of Education for the benefit of its At-Risk Student
1495	1495	Program to be distributed to local boards of education on the
1496	1496	basis determined by the State Department of Education in
1497	1497	furtherance of support to underperforming schools.
1498	1498	h. Ensure that at least 75 percent of first-time
1499	1499	recipients of educational scholarships were not continuously
1500	1500	enrolled in a private school during the previous academic
1501	1501	year.
1502	1502	i. Cooperate with the Department of Revenue to conduct
1503	1503	criminal background checks on all of their employees and board
1504	1504	members and exclude from employment or governance any
1505	1505	individual who may reasonably pose a risk to the appropriate
1506	1506	use of contributed funds.
1507	1507	j. Ensure that educational scholarships are portable
1508	1508	during the academic year and can be used at any qualifying
1509	1509	school that accepts the eligible student according to the
1510	1510	wishes of the parent. If an eligible student transfers to
1511	1511	another qualifying school during an academic year, the
1512	1512	educational scholarship amount may be prorated.
1513	1513	k. Publicly report to the Department of Revenue by
1514	1514	September 1 of each year all of the following information
1515	1515	prepared by a certified public accountant regarding their
1516	1516	educational scholarships funded in the previous academic year:
1517	1517	1. The name and address of the scholarship granting
1518	1518	729
1519	1519	730
1520	1520	731
1521	1521	732
1522	1522	733
1523	1523	734
1524	1524	735
1525	1525	736
1526	1526	737
1527	1527	738
1528	1528	739
1529	1529	740
1530	1530	741
1531	1531	742
1532	1532	743
1533	1533	744
1534	1534	745
1535	1535	746
1536	1536	747
1537	1537	748
1538	1538	749
1539	1539	750
1540	1540	751
1541	1541	752
1542	1542	753
1543	1543	754
1544	1544	755
1545	1545	756 HB30 INTRODUCEDHB30 INTRODUCED
1546	1546	Page 28
1547	1547	organization.
1548	1548	2. The total number and total dollar amount of
1549	1549	contributions received during the previous academic year.
1550	1550	3. The total number and total dollar amount of
1551	1551	educational scholarships awarded and funded during the
1552	1552	previous academic year, the total number and total dollar
1553	1553	amount of educational scholarships awarded and funded during
1554	1554	the previous academic year for students qualifying for the
1555	1555	federal free and reduced-price lunch program, and the
1556	1556	percentage of first-time recipients of educational
1557	1557	scholarships who were enrolled in a public school during the
1558	1558	previous academic year.
1559	1559	l. Publicly report to the Department of Revenue, by the
1560	1560	15th day after the close of each calendar quarter, all of the
1561	1561	following information about educational scholarships granted
1562	1562	during the quarter:
1563	1563	1. The total number of scholarships awarded and funded.
1564	1564	2. The names of the qualifying schools that received
1565	1565	funding for educational scholarships, the total amount of
1566	1566	funds paid to each qualifying school, and the total number of
1567	1567	scholarship recipients enrolled in each qualifying school.
1568	1568	3. The total number of eligible students zoned to
1569	1569	attend a failing lowest sixth percent school who received
1570	1570	educational scholarships from the scholarship granting
1571	1571	organization.
1572	1572	4. The total number of first time scholarship
1573	1573	recipients who were continuously enrolled in a nonpublic
1574	1574	school prior to receiving an educational scholarship from that
1575	1575	757
1576	1576	758
1577	1577	759
1578	1578	760
1579	1579	761
1580	1580	762
1581	1581	763
1582	1582	764
1583	1583	765
1584	1584	766
1585	1585	767
1586	1586	768
1587	1587	769
1588	1588	770
1589	1589	771
1590	1590	772
1591	1591	773
1592	1592	774
1593	1593	775
1594	1594	776
1595	1595	777
1596	1596	778
1597	1597	779
1598	1598	780
1599	1599	781
1600	1600	782
1601	1601	783
1602	1602	784 HB30 INTRODUCEDHB30 INTRODUCED
1603	1603	Page 29
1604	1604	scholarship granting organization.
1605	1605	m. Ensure that educational scholarships are not
1606	1606	provided for eligible students to attend a school with paid
1607	1607	staff or board members, or relatives thereof, in common with
1608	1608	the scholarship granting organization.
1609	1609	n. Ensure that educational scholarships are provided in
1610	1610	a manner that does not discriminate based on the gender, race,
1611	1611	or disability status of the scholarship applicant or his or
1612	1612	her parent.
1613	1613	o. Ensure that educational scholarships are provided
1614	1614	only to eligible students who are zoned to attend a failing
1615	1615	lowest sixth percent school so that the eligible student can
1616	1616	attend a qualifying school. To ensure compliance with the
1617	1617	immediately preceding sentence, the local board of education
1618	1618	for the county or municipality in which an eligible student
1619	1619	applying for an educational scholarship resides, upon written
1620	1620	request by a parent, shall provide written verification that a
1621	1621	particular address is in the attendance zone of a specified
1622	1622	public school. The State Department of Education shall provide
1623	1623	written verification of enrollment in a failing lowest sixth
1624	1624	percent school under this chapter. With respect to first time
1625	1625	educational scholarship recipients, scholarship granting
1626	1626	organizations shall give priority to eligible students zoned
1627	1627	to attend failing lowest sixth percent schools over eligible
1628	1628	students not zoned to attend failing lowest sixth percent
1629	1629	schools. Any scholarship funds unaccounted for on July 31st of
1630	1630	each calendar year may be made available to eligible students
1631	1631	to defray the costs of attending a qualifying school, whether
1632	1632	785
1633	1633	786
1634	1634	787
1635	1635	788
1636	1636	789
1637	1637	790
1638	1638	791
1639	1639	792
1640	1640	793
1641	1641	794
1642	1642	795
1643	1643	796
1644	1644	797
1645	1645	798
1646	1646	799
1647	1647	800
1648	1648	801
1649	1649	802
1650	1650	803
1651	1651	804
1652	1652	805
1653	1653	806
1654	1654	807
1655	1655	808
1656	1656	809
1657	1657	810
1658	1658	811
1659	1659	812 HB30 INTRODUCEDHB30 INTRODUCED
1660	1660	Page 30
1661	1661	or not the student is zoned to attend a failing lowest sixth
1662	1662	percent school. Any provision of this section to the contrary
1663	1663	notwithstanding, once an eligible student receives an
1664	1664	educational scholarship under this program, scholarship funds
1665	1665	may be made available to the student for educational
1666	1666	scholarships until the student graduates from high school or
1667	1667	reaches 19 years of age, regardless of whether the student is
1668	1668	zoned to attend a failing lowest sixth percent school, subject
1669	1669	to the income eligibility requirements of paragraph b. of
1670	1670	subdivision (4) of Section 16-6D-4.
1671	1671	p. Ensure that no donations are directly made to
1672	1672	benefit specifically designated scholarship recipients or to
1673	1673	particular qualifying schools.
1674	1674	q. Submit to the Department of Revenue annual
1675	1675	verification of the scholarship granting organization's
1676	1676	policies and procedures used to determine scholarship
1677	1677	eligibility. The verification shall confirm that the
1678	1678	scholarship granting organization, and not one or more
1679	1679	qualifying schools accepting educational scholarship
1680	1680	recipients or scholarship funds, is determining whether
1681	1681	scholarship applicants are eligible to receive educational
1682	1682	scholarships. The verification shall also confirm that the
1683	1683	scholarship granting organization is giving priority to
1684	1684	receive an educational scholarship to eligible students zoned
1685	1685	to attend failing lowest sixth percent schools.
1686	1686	r. Submit to the Department of Revenue annual
1687	1687	verification that none of its actions or policies restricts a
1688	1688	parent's educational choice by limiting or prohibiting the
1689	1689	enrollment of eligible students in a qualifying school if
1690	1690	813
1691	1691	814
1692	1692	815
1693	1693	816
1694	1694	817
1695	1695	818
1696	1696	819
1697	1697	820
1698	1698	821
1699	1699	822
1700	1700	823
1701	1701	824
1702	1702	825
1703	1703	826
1704	1704	827
1705	1705	828
1706	1706	829
1707	1707	830
1708	1708	831
1709	1709	832
1710	1710	833
1711	1711	834
1712	1712	835
1713	1713	836
1714	1714	837
1715	1715	838
1716	1716	839
1717	1717	840
1718	1718	841 HB30 INTRODUCEDHB30 INTRODUCED
1719	1719	Page 31
1720	1720	those eligible students received educational scholarships from
1721	1721	other scholarship granting organizations.
1722	1722	(2) FINANCIAL ACCOUNTABILITY STANDARDS.
1723	1723	a. All scholarship granting organizations shall
1724	1724	demonstrate their financial accountability by doing all of the
1725	1725	following:
1726	1726	1. Annually submitting to the Department of Revenue a
1727	1727	financial information report for the scholarship granting
1728	1728	organization that complies with uniform financial accounting
1729	1729	standards established by the Department of Revenue and
1730	1730	conducted by a certified public accountant.
1731	1731	2. Having the auditor certify that the report is free
1732	1732	of material misstatements.
1733	1733	b. All qualifying nonpublic schools shall demonstrate
1734	1734	financial viability, if they are to receive donations of fifty
1735	1735	thousand dollars ($50,000) or more during the academic year,
1736	1736	by doing either of the following:
1737	1737	1. Filing with the scholarship granting organization
1738	1738	prior to receipt of the first educational scholarship payment
1739	1739	for that academic year a surety bond payable to the
1740	1740	scholarship granting organization in an amount equal to the
1741	1741	aggregate amount of scholarship funds expected to be received
1742	1742	during the academic year.
1743	1743	2. Filing with the scholarship granting organization
1744	1744	prior to receipt of the first educational scholarship payment
1745	1745	for that academic year financial information that demonstrates
1746	1746	the financial viability of the qualifying nonpublic school.
1747	1747	(c)(1) Each scholarship granting organization shall
1748	1748	842
1749	1749	843
1750	1750	844
1751	1751	845
1752	1752	846
1753	1753	847
1754	1754	848
1755	1755	849
1756	1756	850
1757	1757	851
1758	1758	852
1759	1759	853
1760	1760	854
1761	1761	855
1762	1762	856
1763	1763	857
1764	1764	858
1765	1765	859
1766	1766	860
1767	1767	861
1768	1768	862
1769	1769	863
1770	1770	864
1771	1771	865
1772	1772	866
1773	1773	867
1774	1774	868
1775	1775	869 HB30 INTRODUCEDHB30 INTRODUCED
1776	1776	Page 32
1777	1777	annually collect and submit to the Department of Revenue with
1778	1778	the annual report required by paragraph k. of subdivision (1)
1779	1779	of subsection (b) written verification from qualifying
1780	1780	nonpublic schools that accept its educational scholarship
1781	1781	students that those schools do all of the following:
1782	1782	a. Comply with all health and safety laws or codes that
1783	1783	otherwise apply to nonpublic schools.
1784	1784	b. Hold a valid occupancy permit if required by the
1785	1785	municipality.
1786	1786	c. Certify compliance with nondiscrimination policies
1787	1787	set forth in 42 U.S.C. § 1981.
1788	1788	d. Conduct criminal background checks on employees and
1789	1789	then do all of the following:
1790	1790	1. Exclude from employment any person not permitted by
1791	1791	state law to work in a public school.
1792	1792	2. Exclude from employment any person who may
1793	1793	reasonably pose a threat to the safety of students.
1794	1794	(2) By August 1 of each year, each qualifying nonpublic
1795	1795	school shall provide to each scholarship granting organization
1796	1796	from which it receives educational scholarships verification
1797	1797	that the qualifying nonpublic school is in compliance with the
1798	1798	Alabama Child Protection Act of 1999, Chapter 22A of this
1799	1799	title. Any qualifying nonpublic school failing to timely
1800	1800	provide such annual verification shall be prohibited from
1801	1801	participating in the scholarship program. Each scholarship
1802	1802	granting organization shall annually submit to the Department
1803	1803	of Revenue with the annual report required by paragraph k. of
1804	1804	subdivision (1) of subsection (b) copies of the written
1805	1805	870
1806	1806	871
1807	1807	872
1808	1808	873
1809	1809	874
1810	1810	875
1811	1811	876
1812	1812	877
1813	1813	878
1814	1814	879
1815	1815	880
1816	1816	881
1817	1817	882
1818	1818	883
1819	1819	884
1820	1820	885
1821	1821	886
1822	1822	887
1823	1823	888
1824	1824	889
1825	1825	890
1826	1826	891
1827	1827	892
1828	1828	893
1829	1829	894
1830	1830	895
1831	1831	896
1832	1832	897 HB30 INTRODUCEDHB30 INTRODUCED
1833	1833	Page 33
1834	1834	verifications it receives from each qualifying nonpublic
1835	1835	school.
1836	1836	(3) ACADEMIC ACCOUNTABILITY STANDARDS. There shall be
1837	1837	sufficient information about the academic impact educational
1838	1838	scholarship tax credits have on students participating in the
1839	1839	tax credit scholarship program in order to allow parents and
1840	1840	taxpayers to measure the achievements of the tax credit
1841	1841	scholarship program, and therefore:
1842	1842	a. Each scholarship granting organization shall ensure
1843	1843	that qualifying schools that accept its educational
1844	1844	scholarship students shall do all of the following:
1845	1845	1. Annually administer either the state achievement
1846	1846	tests or nationally recognized norm-referenced tests that
1847	1847	measure learning gains in math and language arts to all
1848	1848	students receiving an educational scholarship in grades that
1849	1849	require testing under the accountability testing laws of the
1850	1850	state for public schools, in order that the state can compare
1851	1851	the academic achievement and learning gains of students
1852	1852	receiving educational scholarships with students of the same
1853	1853	socioeconomic and educational backgrounds who are taking the
1854	1854	state achievement tests or nationally norm-referenced tests.
1855	1855	2. Allow the costs of the testing requirement to be
1856	1856	covered by the educational scholarships distributed by the
1857	1857	scholarship granting organizations.
1858	1858	3. Provide the parents of each student who was tested
1859	1859	with a copy of the results of the tests on an annual basis,
1860	1860	beginning with the first year of testing.
1861	1861	4. Provide the test results to the Department of
1862	1862	898
1863	1863	899
1864	1864	900
1865	1865	901
1866	1866	902
1867	1867	903
1868	1868	904
1869	1869	905
1870	1870	906
1871	1871	907
1872	1872	908
1873	1873	909
1874	1874	910
1875	1875	911
1876	1876	912
1877	1877	913
1878	1878	914
1879	1879	915
1880	1880	916
1881	1881	917
1882	1882	918
1883	1883	919
1884	1884	920
1885	1885	921
1886	1886	922
1887	1887	923
1888	1888	924
1889	1889	925 HB30 INTRODUCEDHB30 INTRODUCED
1890	1890	Page 34
1891	1891	Revenue on an annual basis, beginning with the first year of
1892	1892	testing.
1893	1893	5. Report student information that allows the state to
1894	1894	aggregate data by grade level, gender, family income level,
1895	1895	and race.
1896	1896	6. Provide graduation rates of those students
1897	1897	benefitting from educational scholarships to the Department of
1898	1898	Revenue or an organization chosen by the state in a manner
1899	1899	consistent with nationally recognized standards.
1900	1900	7. Ensure that a student who receives an educational
1901	1901	scholarship conforms to the attendance requirements of the
1902	1902	qualifying school. If a student fails to conform, the
1903	1903	qualifying school shall immediately communicate the failure to
1904	1904	the applicable scholarship granting organization.
1905	1905	b.1. The Department of Revenue shall select an
1906	1906	independent research organization, which may be a public or
1907	1907	private entity or university, to analyze the results of the
1908	1908	testing required by paragraph a. every other academic year.
1909	1909	The cost of analyzing and reporting on the test results to the
1910	1910	Department of Revenue by the independent research organization
1911	1911	shall be borne by all scholarship granting organizations in
1912	1912	proportion to the total scholarship donations received for the
1913	1913	two calendar years prior to the report being published.
1914	1914	Scholarship granting organizations may receive and use funds
1915	1915	from outside sources to pay for its share of the biennial
1916	1916	report.
1917	1917	2. The independent research organization shall report
1918	1918	to the Department of Revenue every other year on the learning
1919	1919	926
1920	1920	927
1921	1921	928
1922	1922	929
1923	1923	930
1924	1924	931
1925	1925	932
1926	1926	933
1927	1927	934
1928	1928	935
1929	1929	936
1930	1930	937
1931	1931	938
1932	1932	939
1933	1933	940
1934	1934	941
1935	1935	942
1936	1936	943
1937	1937	944
1938	1938	945
1939	1939	946
1940	1940	947
1941	1941	948
1942	1942	949
1943	1943	950
1944	1944	951
1945	1945	952
1946	1946	953 HB30 INTRODUCEDHB30 INTRODUCED
1947	1947	Page 35
1948	1948	gains of students receiving educational scholarships and the
1949	1949	report shall be aggregated by the grade level, gender, family
1950	1950	income level, number of years of participation in the tax
1951	1951	credit scholarship program, and race of the student receiving
1952	1952	an educational scholarship. The report shall also include, to
1953	1953	the extent possible, a comparison of the learning gains of
1954	1954	students participating in the tax credit scholarship program
1955	1955	to the statewide learning gains of public school students with
1956	1956	socioeconomic and educational backgrounds similar to those
1957	1957	students participating in the tax credit scholarship program.
1958	1958	3. The first report under this paragraph shall be
1959	1959	submitted to the Department of Revenue by September 1, 2016.
1960	1960	Each biennial report thereafter shall be submitted to the
1961	1961	Department of Revenue on September 1 of the year the report is
1962	1962	due. All biennial reports required by this paragraph shall be
1963	1963	published on the website of the Department of Revenue.
1964	1964	4. Each scholarship granting organization shall collect
1965	1965	all test results from qualifying schools accepting its
1966	1966	scholarship recipients and turn over such test results to the
1967	1967	independent research organization described in this paragraph
1968	1968	by August 15 of each calendar year.
1969	1969	5. The sharing and reporting of student learning gain
1970	1970	data under this paragraph shall conform to the requirements of
1971	1971	the Family Educational Rights and Privacy Act, 20 U.S.C.
1972	1972	§ 1232g., and shall be for the sole purpose of creating the
1973	1973	biennial report required by this paragraph. All parties shall
1974	1974	preserve the confidentially of such information as required by
1975	1975	law. The biennial report shall not disaggregate data to a
1976	1976	954
1977	1977	955
1978	1978	956
1979	1979	957
1980	1980	958
1981	1981	959
1982	1982	960
1983	1983	961
1984	1984	962
1985	1985	963
1986	1986	964
1987	1987	965
1988	1988	966
1989	1989	967
1990	1990	968
1991	1991	969
1992	1992	970
1993	1993	971
1994	1994	972
1995	1995	973
1996	1996	974
1997	1997	975
1998	1998	976
1999	1999	977
2000	2000	978
2001	2001	979
2002	2002	980
2003	2003	981 HB30 INTRODUCEDHB30 INTRODUCED
2004	2004	Page 36
2005	2005	level that could identify qualifying schools participating in
2006	2006	the tax credit scholarship program or disclose the academic
2007	2007	level of individual students.
2008	2008	6. At the same time the biennial report under
2009	2009	subparagraph 2. is submitted to the Department of Revenue, it
2010	2010	shall be submitted to the Chair of the Senate Education Policy
2011	2011	Committee and the Chair of the House Education Policy
2012	2012	Committee.
2013	2013	(d)(1) The Department of Revenue shall adopt rules and
2014	2014	procedures consistent with this section as necessary.
2015	2015	(2) The Department of Revenue shall provide a
2016	2016	standardized format for a receipt to be issued by a
2017	2017	scholarship granting organization to a taxpayer to indicate
2018	2018	the value of a contribution received. The Department of
2019	2019	Revenue shall require a taxpayer to provide a copy of the
2020	2020	receipt when claiming the tax credit pursuant to this section.
2021	2021	(3) The Department of Revenue shall provide a
2022	2022	standardized format for a scholarship granting organization to
2023	2023	report the information required in paragraphs k. and l. of
2024	2024	subdivision (1) of subsection (b).
2025	2025	(4) The Department of Revenue may conduct either a
2026	2026	financial review or audit of a scholarship granting
2027	2027	organization.
2028	2028	(5) The Department of Revenue may bar a scholarship
2029	2029	granting organization or a qualifying school from
2030	2030	participating in the tax credit scholarship program if the
2031	2031	Department of Revenue establishes that the scholarship
2032	2032	granting organization or the qualifying school has
2033	2033	982
2034	2034	983
2035	2035	984
2036	2036	985
2037	2037	986
2038	2038	987
2039	2039	988
2040	2040	989
2041	2041	990
2042	2042	991
2043	2043	992
2044	2044	993
2045	2045	994
2046	2046	995
2047	2047	996
2048	2048	997
2049	2049	998
2050	2050	999
2051	2051	1000
2052	2052	1001
2053	2053	1002
2054	2054	1003
2055	2055	1004
2056	2056	1005
2057	2057	1006
2058	2058	1007
2059	2059	1008
2060	2060	1009 HB30 INTRODUCEDHB30 INTRODUCED
2061	2061	Page 37
2062	2062	intentionally and substantially failed to comply with the
2063	2063	requirements in subsection (b) or subsection (c).
2064	2064	(6) If the Department of Revenue decides to bar a
2065	2065	scholarship granting organization or a qualifying school from
2066	2066	the tax credit scholarship program, the Department of Revenue
2067	2067	shall notify affected educational scholarship students and
2068	2068	their parents of the decision as quickly as possible.
2069	2069	(7) The Department of Revenue shall publish and
2070	2070	routinely update, on the website of the department, a list of
2071	2071	scholarship granting organizations in the state, by county.
2072	2072	(8) The Department of Revenue shall publish and make
2073	2073	publicly available on its website all annual and quarterly
2074	2074	reports required to be filed with it by scholarship granting
2075	2075	organizations under paragraphs k. and l. of subdivision (1) of
2076	2076	subsection (b).
2077	2077	(e)(1) All schools participating in the tax credit
2078	2078	scholarship program shall be required to operate in Alabama.
2079	2079	(2) All schools participating in the tax credit
2080	2080	scholarship program shall comply with all state laws that
2081	2081	apply to public schools regarding criminal background checks
2082	2082	for employees and exclude from employment any person not
2083	2083	permitted by state law to work in a public school.
2084	2084	(3) All qualifying nonpublic schools participating in
2085	2085	the tax credit scholarship program shall maintain a website
2086	2086	that describes the school, the instructional program of the
2087	2087	school, and the tuition and mandatory fees charged by the
2088	2088	school, updated prior to the beginning of each semester.
2089	2089	(4) The amount of a scholarship awarded a student to
2090	2090	1010
2091	2091	1011
2092	2092	1012
2093	2093	1013
2094	2094	1014
2095	2095	1015
2096	2096	1016
2097	2097	1017
2098	2098	1018
2099	2099	1019
2100	2100	1020
2101	2101	1021
2102	2102	1022
2103	2103	1023
2104	2104	1024
2105	2105	1025
2106	2106	1026
2107	2107	1027
2108	2108	1028
2109	2109	1029
2110	2110	1030
2111	2111	1031
2112	2112	1032
2113	2113	1033
2114	2114	1034
2115	2115	1035
2116	2116	1036
2117	2117	1037 HB30 INTRODUCEDHB30 INTRODUCED
2118	2118	Page 38
2119	2119	attend a nonpublic school may not exceed the total sum of
2120	2120	tuition and mandatory fees normally charged a student to
2121	2121	attend the nonpublic school for the same attendance period.
2122	2122	The amount of a scholarship awarded a student to attend a
2123	2123	public school may not exceed the total state appropriation
2124	2124	provided for a student to attend the public school for the
2125	2125	same attendance period.
2126	2126	(f) The tax credit provided in this section may be
2127	2127	first claimed for the 2013 tax year, but may not be claimed
2128	2128	for any tax year prior to the 2013 tax year.
2129	2129	(g)(1) Nothing in this section shall be construed to
2130	2130	force any public school, school system, or school district or
2131	2131	any nonpublic school, school system, or school district to
2132	2132	enroll any student. No qualifying school may enter into any
2133	2133	agreement, whether oral or written, with a scholarship
2134	2134	granting organization that would prohibit or limit an eligible
2135	2135	student from enrolling in the school based on the identity of
2136	2136	the scholarship granting organization from which the eligible
2137	2137	student received an educational scholarship.
2138	2138	(2) A public school, school system, or school district
2139	2139	or any nonpublic school, school system, or school district may
2140	2140	develop the terms and conditions under which it will allow a
2141	2141	student who receives a scholarship from a scholarship granting
2142	2142	organization pursuant to this section to be enrolled, but such
2143	2143	terms and conditions may not discriminate on the basis of the
2144	2144	race, gender, religion, disability status, or ethnicity of the
2145	2145	student or of the student's parent.
2146	2146	(3) Nothing in this section shall be construed to
2147	2147	1038
2148	2148	1039
2149	2149	1040
2150	2150	1041
2151	2151	1042
2152	2152	1043
2153	2153	1044
2154	2154	1045
2155	2155	1046
2156	2156	1047
2157	2157	1048
2158	2158	1049
2159	2159	1050
2160	2160	1051
2161	2161	1052
2162	2162	1053
2163	2163	1054
2164	2164	1055
2165	2165	1056
2166	2166	1057
2167	2167	1058
2168	2168	1059
2169	2169	1060
2170	2170	1061
2171	2171	1062
2172	2172	1063
2173	2173	1064
2174	2174	1065 HB30 INTRODUCEDHB30 INTRODUCED
2175	2175	Page 39
2176	2176	authorize the violation of or supersede the authority of any
2177	2177	court ruling that applies to the public school, school system,
2178	2178	or school district, specifically any federal court order
2179	2179	related to the desegregation of the local school system's
2180	2180	student population.
2181	2181	(h) Nothing in this chapter shall affect or change the
2182	2182	athletic eligibility rules of student athletes governed by the
2183	2183	Alabama High School Athletic Association or similar
2184	2184	association."
2185	2185	Section 2. Commencing on the effective date of this
2186	2186	act, the State Board of Education shall refer to any public
2187	2187	K-12 school or school district that is determined to have poor
2188	2188	performance or is failing to make adequate progress as a
2189	2189	lowest sixth percent school, in lieu of a failing school, and
2190	2190	shall refer to a nonfailing school as an upper 94th percent
2191	2191	school, when amending rules or adopting rules.
2192	2192	Section 3. This act shall become effective on the first
2193	2193	day of the third month following its passage and approval by
2194	2194	the Governor, or its otherwise becoming law.
2195	2195	1066
2196	2196	1067
2197	2197	1068
2198	2198	1069
2199	2199	1070
2200	2200	1071
2201	2201	1072
2202	2202	1073
2203	2203	1074
2204	2204	1075
2205	2205	1076
2206	2206	1077
2207	2207	1078
2208	2208	1079
2209	2209	1080
2210	2210	1081
2211	2211	1082
2212	2212	1083
2213	2213	1084