Alabama 2023 Regular Session

Alabama House Bill HB31 Compare Versions

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

Old	New	Differences
1	1	HB31INTRODUCED
2	2	Page 0
3	3	HJGQ66-1
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 HJGQ66-1 02/16/2023 KMS (L)cr 2023-374
13	13	Page 1
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 fully supported school and the
28	28	designation of a nonfailing school to a non-fully
29	29	supported 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 fully
71	71	supported school and the designation of a nonfailing school to
72	72	a non-fully supported school; and to require the State Board
73	73	of 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 fully supported 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	fully supported public school to a nonfailing non-fully
320	320	supported 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	(7) FULLY SUPPORTED SCHOOL. A public K-12 school that
478	478	is either of the following:
479	479	a. Is designated as a fully supported school by the
480	480	State Superintendent of Education.
481	481	b. Does not exclusively serve a special population of
482	482	students and is listed in the lowest sixth percent of public
483	483	K-12 schools based on the state standardized assessment in
484	484	reading and math.
485	485	(8) INNOVATION PLAN. The request of a local school
486	486	system for flexibility and plan for annual accountability
487	487	measures and five-year targets for all participating schools
488	488	within the school system.
489	489	(9) LOCAL BOARD OF EDUCATION. A city or county board of
490	490	education that exercises management and control of a local
491	491	school system pursuant to state law.
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521	521	(10) LOCAL SCHOOL SYSTEM. A public agency that
522	522	establishes and supervises one or more public schools within
523	523	its geographical limits pursuant to state law.
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 fully supported
541	541	within the meaning of subdivision (5) (7) or any nonpublic
542	542	school as defined in subdivision (11) and that satisfies the
543	543	requirements of this subdivision. A qualifying nonpublic
544	544	school shall be accredited by one of the six regional
545	545	accrediting agencies or the National Council for Private
546	546	School Accreditation, AdvancEd, the American Association of
547	547	Christian Schools, or one of their partner accrediting
548	548	agencies. A nonpublic school shall have three years from the
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578	578	later of the date the nonpublic school notified the Department
579	579	of Revenue of its intent to participate in the scholarship
580	580	program or June 10, 2015, to obtain the required accreditation
581	581	and shall thereafter maintain accreditation as required by
582	582	this subdivision. During the three-year period described in
583	583	the immediately preceding sentence, a nonpublic school that is
584	584	not accredited shall satisfy all of the following conditions
585	585	until the nonpublic school obtains accreditation:
586	586	1. Has been in existence for at least three years.
587	587	2. Has daily attendance of at least 85 percent over a
588	588	two-year period.
589	589	3. Has a minimum 180-day school year, or its hourly
590	590	equivalent.
591	591	4. Has a day length of at least six and one-half hours.
592	592	5. Requires all students to take the Stanford
593	593	Achievement Test, or its equivalent.
594	594	6. Requires all candidates for graduation to take the
595	595	American College Test before graduation.
596	596	7. Requires students in high school in grades nine
597	597	through 12 to earn a minimum of 24 credits before graduating,
598	598	including 16 credits in core subjects, and each awarded credit
599	599	shall consist of a minimum of 140 instructional hours.
600	600	8. Does not subject special education students to the
601	601	same testing or curricular requirements as regular education
602	602	students if it is not required in the individual plan for the
603	603	student.
604	604	9. Maintains a website that describes the school, the
605	605	instructional program of the school, and the tuition and
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635	635	mandatory fees charged by the school, updated prior to the
636	636	beginning of each semester.
637	637	10. Annually affirms on forms prescribed by the
638	638	scholarship granting organization and the Department of
639	639	Revenue its status financially and academically and provide
640	640	other relative information as required by the scholarship
641	641	granting organization or as otherwise required in this
642	642	chapter.
643	643	b. A nonpublic school that is not accredited and that
644	644	has not been in existence for at least three years shall
645	645	nevertheless be considered a qualifying school if, in addition
646	646	to satisfying the requirements in subparagraphs 2. to 10.,
647	647	inclusive, of paragraph a., the nonpublic school operates
648	648	under the governance of the board of directors or the
649	649	equivalent thereof of an accredited nonpublic school. For
650	650	purposes of the immediately preceding sentence, the term
651	651	governance shall include, but not be limited to, curriculum
652	652	oversight, personnel and facility management, and financial
653	653	management. If, at the conclusion of the three-year period in
654	654	which a nonpublic school is required to obtain accreditation,
655	655	a nonpublic school is not accredited, the nonpublic school
656	656	shall not be considered a qualifying school and shall not
657	657	receive any funds from a scholarship granting organization
658	658	until the nonpublic school obtains the accreditation required
659	659	by this subdivision.
660	660	(14) SCHOLARSHIP GRANTING ORGANIZATION. An organization
661	661	that provides or is approved to provide educational
662	662	scholarships to eligible students attending qualifying schools
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692	692	of their parents' choice."
693	693	"§16-6D-6
694	694	(a) The innovation plan of a local school system shall
695	695	include, at a minimum, all of the following:
696	696	(1) The school year that the local school system
697	697	expects the school flexibility contract to begin.
698	698	(2) The list of state laws, regulations, and policies,
699	699	including rules, regulations, and policies promulgated adopted
700	700	by the State Board of Education and the State Department of
701	701	Education, that the local school system is seeking to waive in
702	702	its school flexibility contract.
703	703	(3) A list of schools included in the innovation plan
704	704	of the local school system.
705	705	(b) A local school system is accountable to the state
706	706	for the performance of all schools in its system, including
707	707	innovative schools, under state and federal accountability
708	708	requirements.
709	709	(c) A local school system may not, pursuant to this
710	710	chapter, waive requirements imposed by federal law,
711	711	requirements related to the health and safety of students or
712	712	employees, requirements imposed by ethics laws, requirements
713	713	imposed by the Alabama Child Protection Act of 1999, Chapter
714	714	22A of this title, requirements imposed by open records or
715	715	open meetings laws, requirements related to financial or
716	716	academic reporting or transparency, requirements designed to
717	717	protect the civil rights of students or employees,
718	718	requirements related to the state retirement system or state
719	719	health insurance plan, or requirements imposed by Act
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 HB31 INTRODUCEDHB31 INTRODUCED
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749	749	2012-482. This chapter may not be construed to allow a local
750	750	school system to compensate an employee at an annual amount
751	751	that is less than the amount the employee would otherwise be
752	752	afforded through the State Minimum Salary Schedule included in
753	753	the annual Education Trust Fund Appropriations Act. No local
754	754	school system shall involuntarily remove any rights or
755	755	privileges acquired by any employee under the Students First
756	756	Act of 2011, Chapter 24C of this title. Except as provided for
757	757	a failing fully supported school pursuant to subsection (e),
758	758	no plan or program submitted by a local board of education may
759	759	be used to deny any right or privilege granted to a new
760	760	employee pursuant to the Students First Act of 2011.
761	761	(d) No provision of this chapter shall be construed or
762	762	shall be used to authorize the formation of a charter school.
763	763	(e) Any provision of subsection (c) to the contrary
764	764	notwithstanding, nothing in this chapter shall be construed to
765	765	prohibit the approval of a flexibility contract that gives
766	766	potential, current, or future employees of a failing fully
767	767	supported school within the local school system the option to
768	768	voluntarily waive any rights or privileges already acquired or
769	769	that could potentially be acquired as a result of attaining
770	770	tenure or nonprobationary status, provided, however, that any
771	771	employee provided this option is also provided the option of
772	772	retaining or potentially obtaining any rights or privileges
773	773	provided under the Students First Act, Chapter 24C of this
774	774	title.
775	775	(f) The State Department of Education shall finalize
776	776	all school data and the local school system shall seek
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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805	805	Page 15
806	806	approval of the local board of education before final
807	807	submission to the State Department of Education and the State
808	808	Board of Education.
809	809	(g) The final innovation plan, as recommended by the
810	810	local superintendent of education and approved by the local
811	811	board of education, shall accompany the formal submission of
812	812	the local school system to the State Department of Education.
813	813	(h) Within 60 days of receiving the final submission,
814	814	the State Superintendent of Education shall decide whether or
815	815	not the school flexibility contract and the innovation plan
816	816	should be approved. If the State Superintendent of Education
817	817	denies a school flexibility contract and innovation plan, he
818	818	or she shall provide a written explanation for his or her
819	819	decision to the local board of education. Likewise, a written
820	820	letter of approval by the State Superintendent of Education
821	821	shall be provided to the local board of education that
822	822	submitted the final school flexibility contract and innovation
823	823	plan.
824	824	(i) The State Board of Education shall promulgate adopt
825	825	any necessary rules and regulations required to implement this
826	826	chapter including, but not limited to, all of the following:
827	827	(1) The specification of timelines for submission and
828	828	approval of the innovation plan and school flexibility
829	829	contract of a local school system.
830	830	(2) An authorization for the State Department of
831	831	Education, upon approval by the State Board of Education after
832	832	periodic review, to revoke a school flexibility contract for
833	833	noncompliance or nonperformance, or both, by a local school
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
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862	862	Page 16
863	863	system.
864	864	(3) An outline of procedures and necessary steps that a
865	865	local school system shall follow, upon denial of an original
866	866	submission, to amend and resubmit an innovation plan and
867	867	school flexibility contract for approval."
868	868	"§16-6D-8
869	869	(a) To provide educational flexibility and state
870	870	accountability for students in failing fully supported
871	871	schools:
872	872	(1) For tax years beginning on and after January 1,
873	873	2013, an Alabama income tax credit is made available to the
874	874	parent of a student enrolled in or assigned to attend a
875	875	failing fully supported school to help offset the cost of
876	876	transferring the student to a nonfailing non-fully supported
877	877	public school or nonpublic school of the parent's choice. The
878	878	income tax credit shall be an amount equal to 80 percent of
879	879	the average annual state cost of attendance for a public K-12
880	880	student during the applicable tax year or the actual cost of
881	881	attending a nonfailing non-fully supported public school or
882	882	nonpublic school, whichever is less. The actual cost of
883	883	attending a nonfailing non-fully supported public school or
884	884	nonpublic school shall be calculated by adding together any
885	885	tuition amounts or mandatory fees charged by the school to the
886	886	student as a condition of enrolling or of maintaining
887	887	enrollment in the school. The average annual state cost of
888	888	attendance for a public K-12 student shall be calculated by
889	889	dividing the state funds appropriated to the Foundation
890	890	Program pursuant to Section 16-13-231(b)(2) by the total
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 HB31 INTRODUCEDHB31 INTRODUCED
919	919	Page 17
920	920	statewide number of pupils in average daily membership during
921	921	the first 20 scholastic days following Labor Day of the
922	922	preceding school year. For each student who was enrolled in
923	923	and attended a failing fully supported school the previous
924	924	semester whose parent receives an income tax credit under this
925	925	section, an amount equal to 20 percent of the average annual
926	926	state cost of attendance for a public K-12 student during the
927	927	applicable tax year shall be allocated, for as long as the
928	928	parent receives the tax credit, to the failing fully supported
929	929	school from which the student transferred if the student
930	930	transfers to and remains enrolled in a nonpublic school. No
931	931	such allocation shall be made in the event the student
932	932	transfers to or enrolls in a nonfailing non-fully supported
933	933	public school. The Department of Education shall determine the
934	934	best method of ensuring that the foregoing allocation
935	935	provisions are properly implemented. A parent is allowed a
936	936	credit against income tax for each taxable year under the
937	937	terms established in this section. If income taxes owed by
938	938	such a parent are less than the total credit allowed under
939	939	this subsection, the taxpayer shall be entitled to a refund or
940	940	rebate, as the case may be, equal to the balance of the unused
941	941	credit with respect to that taxable year.
942	942	(2) Any income tax credit due a parent under this
943	943	section shall be granted or issued to the parent only upon his
944	944	or her making application therefor, at such time and in such
945	945	manner as may be prescribed from time to time by the
946	946	Department of Revenue. The application process shall include,
947	947	but not be limited to, certification by the parent that 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 HB31 INTRODUCEDHB31 INTRODUCED
976	976	Page 18
977	977	student was enrolled in or was assigned to attend a failing
978	978	fully supported school, certification by the parent that the
979	979	student was subsequently transferred to, and was enrolled and
980	980	attended, a nonfailing non-fully supported public school or
981	981	nonpublic school of the parent's choice, and proof,
982	982	satisfactory to the Department of Revenue, of the actual cost
983	983	of attendance for the student at the nonfailing non-fully
984	984	supported public school or nonpublic school. For purposes of
985	985	the tax credit authorized by this section, costs of attendance
986	986	does not include any such costs incurred for an academic year
987	987	prior to the 2013-2014 academic year. The Department of
988	988	Revenue shall also prescribe the various methods by which
989	989	income tax credits are to be issued to taxpayers. Income tax
990	990	credits authorized by this section shall be paid out of sales
991	991	tax collections made to the Education Trust Fund, and set
992	992	aside by the Comptroller in the Failing Fully Supported
993	993	Schools Income Tax Credit Account created in subsection (c),
994	994	in the same manner as refunds of income tax otherwise provided
995	995	by law, and there is hereby appropriated therefrom, for such
996	996	purpose, so much as may be necessary to annually pay the
997	997	income tax credits provided by this section.
998	998	(3) An application for an income tax credit authorized
999	999	by this section shall be filed with the Department of Revenue
1000	1000	within the time prescribed for filing petitions for refund
1001	1001	under Section 40-2A-7.
1002	1002	(4) The Department of Revenue shall promulgate adopt
1003	1003	reasonable rules to effectuate the intent of this subsection.
1004	1004	(b)(1) The parent of a public school student may
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 HB31 INTRODUCEDHB31 INTRODUCED
1033	1033	Page 19
1034	1034	request and receive an income tax credit pursuant to this
1035	1035	section to reimburse the parent for costs associated with
1036	1036	transferring the student from a failing fully supported school
1037	1037	to a nonfailing non-fully supported public school or nonpublic
1038	1038	school of the parent's choice, in any of the following
1039	1039	circumstances:
1040	1040	a. By assigned school attendance area, if the student
1041	1041	spent the prior school year in attendance at a failing fully
1042	1042	supported school and the attendance of the student occurred
1043	1043	during a school year in which the designation was in effect.
1044	1044	b. The student was in attendance elsewhere in the
1045	1045	Alabama public school system and was assigned to a failing
1046	1046	fully supported school for the next school year.
1047	1047	c. The student was notified that he or she was assigned
1048	1048	to a failing fully supported school for the next school year.
1049	1049	(2) This section does not apply to a student who is
1050	1050	enrolled in the Department of Youth Services School District.
1051	1051	(3) For the purposes of continuity of educational
1052	1052	choice, the tax credit shall be available to parents for those
1053	1053	grade levels of the failing fully supported school from which
1054	1054	the student transferred. The parent of a student who transfers
1055	1055	from a failing fully supported school may receive income tax
1056	1056	credits for those grade levels enrolled in and attended in the
1057	1057	nonfailing non-fully supported public school or nonpublic
1058	1058	school of the parent's choice transferred to that were
1059	1059	included in the failing fully supported school from which the
1060	1060	student transferred, whether or not the failing fully
1061	1061	supported school becomes a nonfailing non-fully supported
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 HB31 INTRODUCEDHB31 INTRODUCED
1090	1090	Page 20
1091	1091	school during those years. The parent of such a student shall
1092	1092	no longer be eligible for the income tax credit after the
1093	1093	student completes the highest grade level in which he or she
1094	1094	would otherwise have been enrolled at the failing fully
1095	1095	supported school. Notwithstanding the foregoing, as long as
1096	1096	the student remains enrolled in or assigned to attend a
1097	1097	failing fully supported school, the parent may again transfer
1098	1098	the student to a nonfailing non-fully supported public school
1099	1099	or nonpublic school of the parent's choice and request and
1100	1100	receive an income tax credit as provided in this section.
1101	1101	(4) A local school system, for each student enrolled in
1102	1102	or assigned to a failing fully supported school, shall do all
1103	1103	of the following:
1104	1104	a. Timely notify the parent of the student of all
1105	1105	options available under this section as soon as the school of
1106	1106	attendance is designated as a failing fully supported school.
1107	1107	b. Offer the parent of the student an opportunity to
1108	1108	enroll the student in another public school within the local
1109	1109	school system that is not a failing a non-fully supported
1110	1110	school or a failing fully supported school to which the
1111	1111	student has been assigned.
1112	1112	(5) The parent of a student enrolled in or assigned to
1113	1113	a school that has been designated as a failing fully supported
1114	1114	school, who decides to transfer the student to a nonfailing
1115	1115	non-fully supported public school, shall first attempt to
1116	1116	enroll the student in a nonfailing non-fully supported public
1117	1117	school within the same local system in which the student is
1118	1118	already enrolled or assigned to attend before attempting 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 HB31 INTRODUCEDHB31 INTRODUCED
1147	1147	Page 21
1148	1148	enroll the student in a nonfailing non-fully supported public
1149	1149	school that has available space in any other local school
1150	1150	system in the state. A local school system may accept the
1151	1151	student on whatever terms and conditions the system
1152	1152	establishes and report the student for purposes of the local
1153	1153	school system's funding pursuant to the Foundation Program.
1154	1154	(6) For students in the local school system who are
1155	1155	participating in the tax credit program, the local school
1156	1156	system shall provide locations and times to take all statewide
1157	1157	assessments required by law.
1158	1158	(7) Students with disabilities who are eligible to
1159	1159	receive services from the local school system under federal or
1160	1160	state law, and who participate in the tax credit program,
1161	1161	remain eligible to receive services from the local school
1162	1162	system as provided by federal or state law.
1163	1163	(8) If a parent enrolls a student in a nonfailing
1164	1164	non-fully supported public school within the same local school
1165	1165	system, and that system provides transportation services for
1166	1166	other enrolled students, transportation costs to the
1167	1167	nonfailing non-fully supported public school shall be the
1168	1168	responsibility of the local school system. Local school
1169	1169	systems may negotiate transportation options with a parent to
1170	1170	minimize system costs. If a parent enrolls a student in a
1171	1171	nonpublic school or in a nonfailing non-fully supported public
1172	1172	school within another local school system, regardless of
1173	1173	whether that system provides transportation services for other
1174	1174	enrolled students, transportation of the student shall be the
1175	1175	responsibility of the parent.
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 HB31 INTRODUCEDHB31 INTRODUCED
1204	1204	Page 22
1205	1205	(9) The State Department of Education shall promulgate
1206	1206	adopt reasonable rules to effectuate the intent of this
1207	1207	subsection. Rules shall include penalties for noncompliance.
1208	1208	(c) There is created within the Education Trust Fund a
1209	1209	separate account named the Failing Fully Supported Schools
1210	1210	Income Tax Credit Account. The Commissioner of Revenue shall
1211	1211	certify to the Comptroller the amount of income tax credits
1212	1212	due to parents under this section and the Comptroller shall
1213	1213	transfer into the Failing Fully Supported Schools Income Tax
1214	1214	Credit Account only the amount from sales tax revenues within
1215	1215	the Education Trust Fund that is sufficient for the Department
1216	1216	of Revenue to use to cover the income tax credits for the
1217	1217	applicable tax year. The Commissioner of Revenue shall
1218	1218	distribute the funds in the Failing Fully Supported Schools
1219	1219	Income Tax Credit Account to parents pursuant to this section.
1220	1220	(d)(1) Nothing in this section or chapter shall be
1221	1221	construed to force any public school, school system, or school
1222	1222	district or any nonpublic school, school system, or school
1223	1223	district to enroll any student.
1224	1224	(2) A public school, school system, or school district
1225	1225	or any nonpublic school, school system, or school district may
1226	1226	develop the terms and conditions under which it will allow a
1227	1227	student whose parent receives an income tax credit pursuant to
1228	1228	this section to be enrolled, but such terms and conditions may
1229	1229	not discriminate on the basis of the race, gender, religion,
1230	1230	color, disability status, or ethnicity of the student or of
1231	1231	the student's parent.
1232	1232	(3) Nothing in this section shall be construed to
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 HB31 INTRODUCEDHB31 INTRODUCED
1261	1261	Page 23
1262	1262	authorize the violation of or supersede the authority of any
1263	1263	court ruling that applies to the public school, school system,
1264	1264	or school district, specifically any federal court order
1265	1265	related to the desegregation of the local school system's
1266	1266	student population."
1267	1267	"§16-6D-9
1268	1268	(a)(1) An individual taxpayer who files a state income
1269	1269	tax return and is not claimed as a dependent of another
1270	1270	taxpayer, a taxpayer subject to the corporate income tax
1271	1271	levied by Chapter 18 of Title 40, an Alabama S corporation as
1272	1272	defined in Section 40-18-160, or a Subchapter K entity as
1273	1273	defined in Section 40-18-1 may claim a credit for a
1274	1274	contribution made to a scholarship granting organization. If
1275	1275	the credit is claimed by an Alabama S corporation or
1276	1276	Subchapter K entity, the credit shall pass through to and may
1277	1277	be claimed by any taxpayer eligible to claim a credit under
1278	1278	this subdivision who is a shareholder, partner, or member
1279	1279	thereof, based on the taxpayer's pro rata or distributive
1280	1280	share, respectively, of the credit.
1281	1281	(2) The tax credit may be claimed by an individual
1282	1282	taxpayer or a married couple filing jointly in an amount equal
1283	1283	to 100 percent of the total contributions the taxpayer made to
1284	1284	a scholarship granting organization for educational
1285	1285	scholarships during the taxable year for which the credit is
1286	1286	claimed, up to 100 percent of the tax liability of the
1287	1287	individual taxpayer, not to exceed one hundred thousand
1288	1288	dollars ($100,000) per individual taxpayer or married couple
1289	1289	filing jointly. For purposes of this section, an individual
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 HB31 INTRODUCEDHB31 INTRODUCED
1318	1318	Page 24
1319	1319	taxpayer includes an individual who is a shareholder of an
1320	1320	Alabama S corporation or a partner or member of a Subchapter K
1321	1321	entity that made a contribution to a scholarship granting
1322	1322	organization.
1323	1323	(3) The tax credit may be claimed by a taxpayer subject
1324	1324	to the Alabama corporate income tax in an amount equal to 100
1325	1325	percent of the total contributions the taxpayer made to a
1326	1326	scholarship granting organization for educational scholarships
1327	1327	during the taxable year for which the credit is claimed, up to
1328	1328	100 percent of the tax liability of the taxpayer.
1329	1329	(4) A taxpayer subject to the Alabama corporate income
1330	1330	tax, an individual taxpayer, or a married couple filing
1331	1331	jointly may carry forward a tax credit earned under the tax
1332	1332	credit scholarship program for up to three taxable years.
1333	1333	(5) The cumulative amount of tax credits issued
1334	1334	pursuant to subdivision (2) and subdivision (3) shall not
1335	1335	exceed thirty million dollars ($30,000,000) annually, based on
1336	1336	the calendar year. A taxpayer making one or more otherwise
1337	1337	tax-creditable contributions before the due date, with
1338	1338	extensions, of a timely filed 2014 tax return may elect to
1339	1339	treat all or a portion of such contributions as applying to
1340	1340	and creditable against its 2014 Alabama income tax liability,
1341	1341	if the taxpayer properly reserves the credit on the website of
1342	1342	the Department of Revenue or another method provided by the
1343	1343	Department of Revenue. The amount creditable against the
1344	1344	taxpayer's 2014 income tax liability shall be limited to the
1345	1345	lesser of the amount so designated or the remaining balance,
1346	1346	if any, of the cumulative amount of the twenty-five million
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 HB31 INTRODUCEDHB31 INTRODUCED
1375	1375	Page 25
1376	1376	dollars ($25,000,000) of tax credits available for the 2014
1377	1377	calendar year. No such contribution and election by a taxpayer
1378	1378	to reserve tax credits against the remaining balance of the
1379	1379	cumulative amount of tax credits available for 2014 shall
1380	1380	preclude the taxpayer from making additional contributions in
1381	1381	2015 and reserving those amounts against the cumulative amount
1382	1382	of tax credits available for 2015. The Department of Revenue
1383	1383	shall develop a procedure to ensure that this cap is not
1384	1384	exceeded and shall also prescribe the various methods by which
1385	1385	these credits are to be issued.
1386	1386	(6) No credit may be claimed for a contribution made to
1387	1387	a scholarship granting organization if the contribution is
1388	1388	restricted or conditioned in any way by the donor including,
1389	1389	but not limited to, requiring the scholarship granting
1390	1390	organization to direct all or part of the contribution to a
1391	1391	particular qualifying school or to grant an educational
1392	1392	scholarship to a particular eligible student.
1393	1393	(b)(1) ADMINISTRATIVE ACCOUNTABILITY STANDARDS. All
1394	1394	scholarship granting organizations shall do all of the
1395	1395	following:
1396	1396	a. Notify the Department of Revenue of their intent to
1397	1397	provide educational scholarships to eligible students.
1398	1398	b. Demonstrate to the Department of Revenue that they
1399	1399	have been granted exemption from the federal income tax as an
1400	1400	organization described in Section 501(c)(3) of the Internal
1401	1401	Revenue Code, as in effect from time to time.
1402	1402	c. Distribute periodic educational scholarship payments
1403	1403	as checks made out and mailed to or directly deposited with
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 HB31 INTRODUCEDHB31 INTRODUCED
1432	1432	Page 26
1433	1433	the school where the student is enrolled.
1434	1434	d. Provide a Department of Revenue approved receipt to
1435	1435	taxpayers for contributions made to the scholarship granting
1436	1436	organization.
1437	1437	e. Ensure that all determinations with respect to the
1438	1438	eligibility of a student to receive an educational scholarship
1439	1439	shall be made by the scholarship granting organization. A
1440	1440	scholarship granting organization shall not delegate any
1441	1441	responsibility for determining the eligibility of a student
1442	1442	for an educational scholarship or any other requirements it is
1443	1443	subject to under this chapter to any qualifying school or an
1444	1444	entity affiliated therewith.
1445	1445	f. Ensure that at least 95 percent of their revenue
1446	1446	from donations is expended on educational scholarships, and
1447	1447	that all revenue from interest or investments is expended on
1448	1448	educational scholarships. A scholarship granting organization
1449	1449	may expend up to five percent of its revenue from donations on
1450	1450	administrative and operating expenses in the calendar year of
1451	1451	the donation or in any subsequent calendar year.
1452	1452	g. Ensure that scholarship funds on hand at the
1453	1453	beginning of a calendar year are expended on educational
1454	1454	scholarships within three calendar years. Any scholarship
1455	1455	funds on hand at the beginning of a calendar year that are not
1456	1456	expended on educational scholarships within three calendar
1457	1457	years shall be turned over to and deposited with the State
1458	1458	Department of Education for the benefit of its At-Risk Student
1459	1459	Program to be distributed to local boards of education on the
1460	1460	basis determined by the State Department of Education in
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 HB31 INTRODUCEDHB31 INTRODUCED
1489	1489	Page 27
1490	1490	furtherance of support to underperforming schools.
1491	1491	h. Ensure that at least 75 percent of first-time
1492	1492	recipients of educational scholarships were not continuously
1493	1493	enrolled in a private school during the previous academic
1494	1494	year.
1495	1495	i. Cooperate with the Department of Revenue to conduct
1496	1496	criminal background checks on all of their employees and board
1497	1497	members and exclude from employment or governance any
1498	1498	individual who may reasonably pose a risk to the appropriate
1499	1499	use of contributed funds.
1500	1500	j. Ensure that educational scholarships are portable
1501	1501	during the academic year and can be used at any qualifying
1502	1502	school that accepts the eligible student according to the
1503	1503	wishes of the parent. If an eligible student transfers to
1504	1504	another qualifying school during an academic year, the
1505	1505	educational scholarship amount may be prorated.
1506	1506	k. Publicly report to the Department of Revenue by
1507	1507	September 1 of each year all of the following information
1508	1508	prepared by a certified public accountant regarding their
1509	1509	educational scholarships funded in the previous academic year:
1510	1510	1. The name and address of the scholarship granting
1511	1511	organization.
1512	1512	2. The total number and total dollar amount of
1513	1513	contributions received during the previous academic year.
1514	1514	3. The total number and total dollar amount of
1515	1515	educational scholarships awarded and funded during the
1516	1516	previous academic year, the total number and total dollar
1517	1517	amount of educational scholarships awarded and funded during
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 HB31 INTRODUCEDHB31 INTRODUCED
1546	1546	Page 28
1547	1547	the previous academic year for students qualifying for the
1548	1548	federal free and reduced-price lunch program, and the
1549	1549	percentage of first-time recipients of educational
1550	1550	scholarships who were enrolled in a public school during the
1551	1551	previous academic year.
1552	1552	l. Publicly report to the Department of Revenue, by the
1553	1553	15th day after the close of each calendar quarter, all of the
1554	1554	following information about educational scholarships granted
1555	1555	during the quarter:
1556	1556	1. The total number of scholarships awarded and funded.
1557	1557	2. The names of the qualifying schools that received
1558	1558	funding for educational scholarships, the total amount of
1559	1559	funds paid to each qualifying school, and the total number of
1560	1560	scholarship recipients enrolled in each qualifying school.
1561	1561	3. The total number of eligible students zoned to
1562	1562	attend a failing fully supported school who received
1563	1563	educational scholarships from the scholarship granting
1564	1564	organization.
1565	1565	4. The total number of first time scholarship
1566	1566	recipients who were continuously enrolled in a nonpublic
1567	1567	school prior to receiving an educational scholarship from that
1568	1568	scholarship granting organization.
1569	1569	m. Ensure that educational scholarships are not
1570	1570	provided for eligible students to attend a school with paid
1571	1571	staff or board members, or relatives thereof, in common with
1572	1572	the scholarship granting organization.
1573	1573	n. Ensure that educational scholarships are provided in
1574	1574	a manner that does not discriminate based on the gender, race,
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 HB31 INTRODUCEDHB31 INTRODUCED
1603	1603	Page 29
1604	1604	or disability status of the scholarship applicant or his or
1605	1605	her parent.
1606	1606	o. Ensure that educational scholarships are provided
1607	1607	only to eligible students who are zoned to attend a failing
1608	1608	fully supported school so that the eligible student can attend
1609	1609	a qualifying school. To ensure compliance with the immediately
1610	1610	preceding sentence, the local board of education for the
1611	1611	county or municipality in which an eligible student applying
1612	1612	for an educational scholarship resides, upon written request
1613	1613	by a parent, shall provide written verification that a
1614	1614	particular address is in the attendance zone of a specified
1615	1615	public school. The State Department of Education shall provide
1616	1616	written verification of enrollment in a failing fully
1617	1617	supported school under this chapter. With respect to first
1618	1618	time educational scholarship recipients, scholarship granting
1619	1619	organizations shall give priority to eligible students zoned
1620	1620	to attend failing fully supported schools over eligible
1621	1621	students not zoned to attend failing fully supported schools.
1622	1622	Any scholarship funds unaccounted for on July 31st of each
1623	1623	calendar year may be made available to eligible students to
1624	1624	defray the costs of attending a qualifying school, whether or
1625	1625	not the student is zoned to attend a failing fully supported
1626	1626	school. Any provision of this section to the contrary
1627	1627	notwithstanding, once an eligible student receives an
1628	1628	educational scholarship under this program, scholarship funds
1629	1629	may be made available to the student for educational
1630	1630	scholarships until the student graduates from high school or
1631	1631	reaches 19 years of age, regardless of whether the student is
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 HB31 INTRODUCEDHB31 INTRODUCED
1660	1660	Page 30
1661	1661	zoned to attend a failing fully supported school, subject to
1662	1662	the income eligibility requirements of paragraph b. of
1663	1663	subdivision (4) of Section 16-6D-4.
1664	1664	p. Ensure that no donations are directly made to
1665	1665	benefit specifically designated scholarship recipients or to
1666	1666	particular qualifying schools.
1667	1667	q. Submit to the Department of Revenue annual
1668	1668	verification of the scholarship granting organization's
1669	1669	policies and procedures used to determine scholarship
1670	1670	eligibility. The verification shall confirm that the
1671	1671	scholarship granting organization, and not one or more
1672	1672	qualifying schools accepting educational scholarship
1673	1673	recipients or scholarship funds, is determining whether
1674	1674	scholarship applicants are eligible to receive educational
1675	1675	scholarships. The verification shall also confirm that the
1676	1676	scholarship granting organization is giving priority to
1677	1677	receive an educational scholarship to eligible students zoned
1678	1678	to attend failing fully supported schools.
1679	1679	r. Submit to the Department of Revenue annual
1680	1680	verification that none of its actions or policies restricts a
1681	1681	parent's educational choice by limiting or prohibiting the
1682	1682	enrollment of eligible students in a qualifying school if
1683	1683	those eligible students received educational scholarships from
1684	1684	other scholarship granting organizations.
1685	1685	(2) FINANCIAL ACCOUNTABILITY STANDARDS.
1686	1686	a. All scholarship granting organizations shall
1687	1687	demonstrate their financial accountability by doing all of the
1688	1688	following:
1689	1689	813
1690	1690	814
1691	1691	815
1692	1692	816
1693	1693	817
1694	1694	818
1695	1695	819
1696	1696	820
1697	1697	821
1698	1698	822
1699	1699	823
1700	1700	824
1701	1701	825
1702	1702	826
1703	1703	827
1704	1704	828
1705	1705	829
1706	1706	830
1707	1707	831
1708	1708	832
1709	1709	833
1710	1710	834
1711	1711	835
1712	1712	836
1713	1713	837
1714	1714	838
1715	1715	839
1716	1716	840 HB31 INTRODUCEDHB31 INTRODUCED
1717	1717	Page 31
1718	1718	1. Annually submitting to the Department of Revenue a
1719	1719	financial information report for the scholarship granting
1720	1720	organization that complies with uniform financial accounting
1721	1721	standards established by the Department of Revenue and
1722	1722	conducted by a certified public accountant.
1723	1723	2. Having the auditor certify that the report is free
1724	1724	of material misstatements.
1725	1725	b. All qualifying nonpublic schools shall demonstrate
1726	1726	financial viability, if they are to receive donations of fifty
1727	1727	thousand dollars ($50,000) or more during the academic year,
1728	1728	by doing either of the following:
1729	1729	1. Filing with the scholarship granting organization
1730	1730	prior to receipt of the first educational scholarship payment
1731	1731	for that academic year a surety bond payable to the
1732	1732	scholarship granting organization in an amount equal to the
1733	1733	aggregate amount of scholarship funds expected to be received
1734	1734	during the academic year.
1735	1735	2. Filing with the scholarship granting organization
1736	1736	prior to receipt of the first educational scholarship payment
1737	1737	for that academic year financial information that demonstrates
1738	1738	the financial viability of the qualifying nonpublic school.
1739	1739	(c)(1) Each scholarship granting organization shall
1740	1740	annually collect and submit to the Department of Revenue with
1741	1741	the annual report required by paragraph k. of subdivision (1)
1742	1742	of subsection (b) written verification from qualifying
1743	1743	nonpublic schools that accept its educational scholarship
1744	1744	students that those schools do all of the following:
1745	1745	a. Comply with all health and safety laws or codes that
1746	1746	841
1747	1747	842
1748	1748	843
1749	1749	844
1750	1750	845
1751	1751	846
1752	1752	847
1753	1753	848
1754	1754	849
1755	1755	850
1756	1756	851
1757	1757	852
1758	1758	853
1759	1759	854
1760	1760	855
1761	1761	856
1762	1762	857
1763	1763	858
1764	1764	859
1765	1765	860
1766	1766	861
1767	1767	862
1768	1768	863
1769	1769	864
1770	1770	865
1771	1771	866
1772	1772	867
1773	1773	868 HB31 INTRODUCEDHB31 INTRODUCED
1774	1774	Page 32
1775	1775	otherwise apply to nonpublic schools.
1776	1776	b. Hold a valid occupancy permit if required by the
1777	1777	municipality.
1778	1778	c. Certify compliance with nondiscrimination policies
1779	1779	set forth in 42 U.S.C. § 1981.
1780	1780	d. Conduct criminal background checks on employees and
1781	1781	then do all of the following:
1782	1782	1. Exclude from employment any person not permitted by
1783	1783	state law to work in a public school.
1784	1784	2. Exclude from employment any person who may
1785	1785	reasonably pose a threat to the safety of students.
1786	1786	(2) By August 1 of each year, each qualifying nonpublic
1787	1787	school shall provide to each scholarship granting organization
1788	1788	from which it receives educational scholarships verification
1789	1789	that the qualifying nonpublic school is in compliance with the
1790	1790	Alabama Child Protection Act of 1999, Chapter 22A of this
1791	1791	title. Any qualifying nonpublic school failing to timely
1792	1792	provide such annual verification shall be prohibited from
1793	1793	participating in the scholarship program. Each scholarship
1794	1794	granting organization shall annually submit to the Department
1795	1795	of Revenue with the annual report required by paragraph k. of
1796	1796	subdivision (1) of subsection (b) copies of the written
1797	1797	verifications it receives from each qualifying nonpublic
1798	1798	school.
1799	1799	(3) ACADEMIC ACCOUNTABILITY STANDARDS. There shall be
1800	1800	sufficient information about the academic impact educational
1801	1801	scholarship tax credits have on students participating in the
1802	1802	tax credit scholarship program in order to allow parents and
1803	1803	869
1804	1804	870
1805	1805	871
1806	1806	872
1807	1807	873
1808	1808	874
1809	1809	875
1810	1810	876
1811	1811	877
1812	1812	878
1813	1813	879
1814	1814	880
1815	1815	881
1816	1816	882
1817	1817	883
1818	1818	884
1819	1819	885
1820	1820	886
1821	1821	887
1822	1822	888
1823	1823	889
1824	1824	890
1825	1825	891
1826	1826	892
1827	1827	893
1828	1828	894
1829	1829	895
1830	1830	896 HB31 INTRODUCEDHB31 INTRODUCED
1831	1831	Page 33
1832	1832	taxpayers to measure the achievements of the tax credit
1833	1833	scholarship program, and therefore:
1834	1834	a. Each scholarship granting organization shall ensure
1835	1835	that qualifying schools that accept its educational
1836	1836	scholarship students shall do all of the following:
1837	1837	1. Annually administer either the state achievement
1838	1838	tests or nationally recognized norm-referenced tests that
1839	1839	measure learning gains in math and language arts to all
1840	1840	students receiving an educational scholarship in grades that
1841	1841	require testing under the accountability testing laws of the
1842	1842	state for public schools, in order that the state can compare
1843	1843	the academic achievement and learning gains of students
1844	1844	receiving educational scholarships with students of the same
1845	1845	socioeconomic and educational backgrounds who are taking the
1846	1846	state achievement tests or nationally norm-referenced tests.
1847	1847	2. Allow the costs of the testing requirement to be
1848	1848	covered by the educational scholarships distributed by the
1849	1849	scholarship granting organizations.
1850	1850	3. Provide the parents of each student who was tested
1851	1851	with a copy of the results of the tests on an annual basis,
1852	1852	beginning with the first year of testing.
1853	1853	4. Provide the test results to the Department of
1854	1854	Revenue on an annual basis, beginning with the first year of
1855	1855	testing.
1856	1856	5. Report student information that allows the state to
1857	1857	aggregate data by grade level, gender, family income level,
1858	1858	and race.
1859	1859	6. Provide graduation rates of those students
1860	1860	897
1861	1861	898
1862	1862	899
1863	1863	900
1864	1864	901
1865	1865	902
1866	1866	903
1867	1867	904
1868	1868	905
1869	1869	906
1870	1870	907
1871	1871	908
1872	1872	909
1873	1873	910
1874	1874	911
1875	1875	912
1876	1876	913
1877	1877	914
1878	1878	915
1879	1879	916
1880	1880	917
1881	1881	918
1882	1882	919
1883	1883	920
1884	1884	921
1885	1885	922
1886	1886	923
1887	1887	924 HB31 INTRODUCEDHB31 INTRODUCED
1888	1888	Page 34
1889	1889	benefitting from educational scholarships to the Department of
1890	1890	Revenue or an organization chosen by the state in a manner
1891	1891	consistent with nationally recognized standards.
1892	1892	7. Ensure that a student who receives an educational
1893	1893	scholarship conforms to the attendance requirements of the
1894	1894	qualifying school. If a student fails to conform, the
1895	1895	qualifying school shall immediately communicate the failure to
1896	1896	the applicable scholarship granting organization.
1897	1897	b.1. The Department of Revenue shall select an
1898	1898	independent research organization, which may be a public or
1899	1899	private entity or university, to analyze the results of the
1900	1900	testing required by paragraph a. every other academic year.
1901	1901	The cost of analyzing and reporting on the test results to the
1902	1902	Department of Revenue by the independent research organization
1903	1903	shall be borne by all scholarship granting organizations in
1904	1904	proportion to the total scholarship donations received for the
1905	1905	two calendar years prior to the report being published.
1906	1906	Scholarship granting organizations may receive and use funds
1907	1907	from outside sources to pay for its share of the biennial
1908	1908	report.
1909	1909	2. The independent research organization shall report
1910	1910	to the Department of Revenue every other year on the learning
1911	1911	gains of students receiving educational scholarships and the
1912	1912	report shall be aggregated by the grade level, gender, family
1913	1913	income level, number of years of participation in the tax
1914	1914	credit scholarship program, and race of the student receiving
1915	1915	an educational scholarship. The report shall also include, to
1916	1916	the extent possible, a comparison of the learning gains of
1917	1917	925
1918	1918	926
1919	1919	927
1920	1920	928
1921	1921	929
1922	1922	930
1923	1923	931
1924	1924	932
1925	1925	933
1926	1926	934
1927	1927	935
1928	1928	936
1929	1929	937
1930	1930	938
1931	1931	939
1932	1932	940
1933	1933	941
1934	1934	942
1935	1935	943
1936	1936	944
1937	1937	945
1938	1938	946
1939	1939	947
1940	1940	948
1941	1941	949
1942	1942	950
1943	1943	951
1944	1944	952 HB31 INTRODUCEDHB31 INTRODUCED
1945	1945	Page 35
1946	1946	students participating in the tax credit scholarship program
1947	1947	to the statewide learning gains of public school students with
1948	1948	socioeconomic and educational backgrounds similar to those
1949	1949	students participating in the tax credit scholarship program.
1950	1950	3. The first report under this paragraph shall be
1951	1951	submitted to the Department of Revenue by September 1, 2016.
1952	1952	Each biennial report thereafter shall be submitted to the
1953	1953	Department of Revenue on September 1 of the year the report is
1954	1954	due. All biennial reports required by this paragraph shall be
1955	1955	published on the website of the Department of Revenue.
1956	1956	4. Each scholarship granting organization shall collect
1957	1957	all test results from qualifying schools accepting its
1958	1958	scholarship recipients and turn over such test results to the
1959	1959	independent research organization described in this paragraph
1960	1960	by August 15 of each calendar year.
1961	1961	5. The sharing and reporting of student learning gain
1962	1962	data under this paragraph shall conform to the requirements of
1963	1963	the Family Educational Rights and Privacy Act, 20 U.S.C.
1964	1964	§ 1232g., and shall be for the sole purpose of creating the
1965	1965	biennial report required by this paragraph. All parties shall
1966	1966	preserve the confidentially of such information as required by
1967	1967	law. The biennial report shall not disaggregate data to a
1968	1968	level that could identify qualifying schools participating in
1969	1969	the tax credit scholarship program or disclose the academic
1970	1970	level of individual students.
1971	1971	6. At the same time the biennial report under
1972	1972	subparagraph 2. is submitted to the Department of Revenue, it
1973	1973	shall be submitted to the Chair of the Senate Education Policy
1974	1974	953
1975	1975	954
1976	1976	955
1977	1977	956
1978	1978	957
1979	1979	958
1980	1980	959
1981	1981	960
1982	1982	961
1983	1983	962
1984	1984	963
1985	1985	964
1986	1986	965
1987	1987	966
1988	1988	967
1989	1989	968
1990	1990	969
1991	1991	970
1992	1992	971
1993	1993	972
1994	1994	973
1995	1995	974
1996	1996	975
1997	1997	976
1998	1998	977
1999	1999	978
2000	2000	979
2001	2001	980 HB31 INTRODUCEDHB31 INTRODUCED
2002	2002	Page 36
2003	2003	Committee and the Chair of the House Education Policy
2004	2004	Committee.
2005	2005	(d)(1) The Department of Revenue shall adopt rules and
2006	2006	procedures consistent with this section as necessary.
2007	2007	(2) The Department of Revenue shall provide a
2008	2008	standardized format for a receipt to be issued by a
2009	2009	scholarship granting organization to a taxpayer to indicate
2010	2010	the value of a contribution received. The Department of
2011	2011	Revenue shall require a taxpayer to provide a copy of the
2012	2012	receipt when claiming the tax credit pursuant to this section.
2013	2013	(3) The Department of Revenue shall provide a
2014	2014	standardized format for a scholarship granting organization to
2015	2015	report the information required in paragraphs k. and l. of
2016	2016	subdivision (1) of subsection (b).
2017	2017	(4) The Department of Revenue may conduct either a
2018	2018	financial review or audit of a scholarship granting
2019	2019	organization.
2020	2020	(5) The Department of Revenue may bar a scholarship
2021	2021	granting organization or a qualifying school from
2022	2022	participating in the tax credit scholarship program if the
2023	2023	Department of Revenue establishes that the scholarship
2024	2024	granting organization or the qualifying school has
2025	2025	intentionally and substantially failed to comply with the
2026	2026	requirements in subsection (b) or subsection (c).
2027	2027	(6) If the Department of Revenue decides to bar a
2028	2028	scholarship granting organization or a qualifying school from
2029	2029	the tax credit scholarship program, the Department of Revenue
2030	2030	shall notify affected educational scholarship students and
2031	2031	981
2032	2032	982
2033	2033	983
2034	2034	984
2035	2035	985
2036	2036	986
2037	2037	987
2038	2038	988
2039	2039	989
2040	2040	990
2041	2041	991
2042	2042	992
2043	2043	993
2044	2044	994
2045	2045	995
2046	2046	996
2047	2047	997
2048	2048	998
2049	2049	999
2050	2050	1000
2051	2051	1001
2052	2052	1002
2053	2053	1003
2054	2054	1004
2055	2055	1005
2056	2056	1006
2057	2057	1007
2058	2058	1008 HB31 INTRODUCEDHB31 INTRODUCED
2059	2059	Page 37
2060	2060	their parents of the decision as quickly as possible.
2061	2061	(7) The Department of Revenue shall publish and
2062	2062	routinely update, on the website of the department, a list of
2063	2063	scholarship granting organizations in the state, by county.
2064	2064	(8) The Department of Revenue shall publish and make
2065	2065	publicly available on its website all annual and quarterly
2066	2066	reports required to be filed with it by scholarship granting
2067	2067	organizations under paragraphs k. and l. of subdivision (1) of
2068	2068	subsection (b).
2069	2069	(e)(1) All schools participating in the tax credit
2070	2070	scholarship program shall be required to operate in Alabama.
2071	2071	(2) All schools participating in the tax credit
2072	2072	scholarship program shall comply with all state laws that
2073	2073	apply to public schools regarding criminal background checks
2074	2074	for employees and exclude from employment any person not
2075	2075	permitted by state law to work in a public school.
2076	2076	(3) All qualifying nonpublic schools participating in
2077	2077	the tax credit scholarship program shall maintain a website
2078	2078	that describes the school, the instructional program of the
2079	2079	school, and the tuition and mandatory fees charged by the
2080	2080	school, updated prior to the beginning of each semester.
2081	2081	(4) The amount of a scholarship awarded a student to
2082	2082	attend a nonpublic school may not exceed the total sum of
2083	2083	tuition and mandatory fees normally charged a student to
2084	2084	attend the nonpublic school for the same attendance period.
2085	2085	The amount of a scholarship awarded a student to attend a
2086	2086	public school may not exceed the total state appropriation
2087	2087	provided for a student to attend the public school for the
2088	2088	1009
2089	2089	1010
2090	2090	1011
2091	2091	1012
2092	2092	1013
2093	2093	1014
2094	2094	1015
2095	2095	1016
2096	2096	1017
2097	2097	1018
2098	2098	1019
2099	2099	1020
2100	2100	1021
2101	2101	1022
2102	2102	1023
2103	2103	1024
2104	2104	1025
2105	2105	1026
2106	2106	1027
2107	2107	1028
2108	2108	1029
2109	2109	1030
2110	2110	1031
2111	2111	1032
2112	2112	1033
2113	2113	1034
2114	2114	1035
2115	2115	1036 HB31 INTRODUCEDHB31 INTRODUCED
2116	2116	Page 38
2117	2117	same attendance period.
2118	2118	(f) The tax credit provided in this section may be
2119	2119	first claimed for the 2013 tax year, but may not be claimed
2120	2120	for any tax year prior to the 2013 tax year.
2121	2121	(g)(1) Nothing in this section shall be construed to
2122	2122	force any public school, school system, or school district or
2123	2123	any nonpublic school, school system, or school district to
2124	2124	enroll any student. No qualifying school may enter into any
2125	2125	agreement, whether oral or written, with a scholarship
2126	2126	granting organization that would prohibit or limit an eligible
2127	2127	student from enrolling in the school based on the identity of
2128	2128	the scholarship granting organization from which the eligible
2129	2129	student received an educational scholarship.
2130	2130	(2) A public school, school system, or school district
2131	2131	or any nonpublic school, school system, or school district may
2132	2132	develop the terms and conditions under which it will allow a
2133	2133	student who receives a scholarship from a scholarship granting
2134	2134	organization pursuant to this section to be enrolled, but such
2135	2135	terms and conditions may not discriminate on the basis of the
2136	2136	race, gender, religion, disability status, or ethnicity of the
2137	2137	student or of the student's parent.
2138	2138	(3) Nothing in this section shall be construed to
2139	2139	authorize the violation of or supersede the authority of any
2140	2140	court ruling that applies to the public school, school system,
2141	2141	or school district, specifically any federal court order
2142	2142	related to the desegregation of the local school system's
2143	2143	student population.
2144	2144	(h) Nothing in this chapter shall affect or change the
2145	2145	1037
2146	2146	1038
2147	2147	1039
2148	2148	1040
2149	2149	1041
2150	2150	1042
2151	2151	1043
2152	2152	1044
2153	2153	1045
2154	2154	1046
2155	2155	1047
2156	2156	1048
2157	2157	1049
2158	2158	1050
2159	2159	1051
2160	2160	1052
2161	2161	1053
2162	2162	1054
2163	2163	1055
2164	2164	1056
2165	2165	1057
2166	2166	1058
2167	2167	1059
2168	2168	1060
2169	2169	1061
2170	2170	1062
2171	2171	1063
2172	2172	1064 HB31 INTRODUCEDHB31 INTRODUCED
2173	2173	Page 39
2174	2174	athletic eligibility rules of student athletes governed by the
2175	2175	Alabama High School Athletic Association or similar
2176	2176	association."
2177	2177	Section 2. Commencing on the effective date of this
2178	2178	act, the State Board of Education shall refer to any public
2179	2179	K-12 school or school district that is determined to have poor
2180	2180	performance or is failing to make adequate progress as a fully
2181	2181	supported school, in lieu of a failing school, and shall refer
2182	2182	to a nonfailing school as a non-fully supported school, when
2183	2183	amending rules or adopting rules.
2184	2184	Section 3. This act shall become effective on the first
2185	2185	day of the third month following its passage and approval by
2186	2186	the Governor, or its otherwise becoming law.
2187	2187	1065
2188	2188	1066
2189	2189	1067
2190	2190	1068
2191	2191	1069
2192	2192	1070
2193	2193	1071
2194	2194	1072
2195	2195	1073
2196	2196	1074
2197	2197	1075
2198	2198	1076
2199	2199	1077