SB102INTRODUCED Page 0 SB102 9TDTMPB-1 By Senators Singleton, Allen, Reed, Smitherman, Coleman-Madison RFD: Finance and Taxation Education First Read: 14-Feb-24 1 2 3 4 5 6 9TDTMPB-1 02/13/2024 EBO-DHC EBO JT EBO-2024-20 Page 1 First Read: 14-Feb-24 SYNOPSIS: This bill creates a program known as the Alabama School of Healthcare Sciences in Demopolis, Alabama; provides legislative intent; provides definitions; provides for the membership, powers, compensation, and terms of a board of trustees; provides for programs and the operation of the school; provides for extracurricular activities; and prescribes eligibility requirements. A BILL TO BE ENTITLED AN ACT To create a program known as the Alabama School of Healthcare Sciences in Demopolis, Alabama; to provide legislative intent; to provide definitions; to provide for the membership, powers, compensation, and terms of a board of trustees; to provide for programs and the operation of the school; to provide for extracurricular activities; and to prescribe eligibility requirements. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. It is the intent of the Legislature to establish an independent, state-wide, residential school for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SB102 INTRODUCED Page 2 establish an independent, state-wide, residential school for academically and professionally motivated Alabama students with educational opportunities and experiences in science, technology, engineering, math, and medicine (STEMM) and in the healthcare sciences to address the chronic healthcare workforce shortage in Alabama. Section 2. For the purposes of this act, the following terms shall have the following meanings: (1) DEPARTMENT. The State Department of Education. (2) SCHOOL. The Alabama School of Healthcare Sciences. (3) STATE BOARD. The State Board of Education. (4) SUPERINTENDENT. The State Superintendent of Education. Section 3. (a) There is created a program to be called the Alabama School of Healthcare Sciences, which shall be a residential institution located in Demopolis in Marengo County, at a site to be determined by the board of trustees. The school may open and formally begin operation with the fall semester of 2026. The school shall be funded by the state from monies appropriated for the school and grants, donations, and funds from any other source including, but not limited to, corporations, individuals, and foundations. (b) The school shall be governed by a board of trustees whose membership, powers, duties, and responsibilities shall be as provided in this act. (c) The school shall coordinate its programs and curriculum with the department, but shall be independent of the control of the superintendent, the state board, and any local board of education except its board of trustees, unless 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 SB102 INTRODUCED Page 3 local board of education except its board of trustees, unless otherwise provided by this act. Section 4. (a) There is created a board of trustees for the school. The board of trustees shall be composed of the following members: (1) An assistant state superintendent in charge of curriculum development with the department, or his or her designee. (2) The Chief Executive Officer of Whitfield Regional Hospital, or his or her designee. (3) The Chief Executive Officer of the Alabama Hospital Association, or his or her designee. (4) The President of the University of West Alabama, or his or her designee. (5) The President of the University of South Alabama, or his or her designee. (6) The President of the University of Alabama at Birmingham, or his or her designee. (7) The President of Auburn University, or his or her designee. (8) The Chancellor of the Alabama Community College System, or his or her designee. (9) The Chair of the Alabama School of Healthcare Sciences Foundation Board of Directors. (10) The Chair of the House Ways and Means Education Committee, or his or her designee. (11) The Chair of the Senate Finance and Taxation Education Committee, or his or her designee. (12) Eight members to be appointed by the Governor, one 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 SB102 INTRODUCED Page 4 (12) Eight members to be appointed by the Governor, one member from each congressional district and one member appointed at large, who shall be a resident of Marengo County. Five of the eight members appointed by the Governor shall have a background in healthcare, public health, or healthcare administration. The other three members appointed by the Governor may include appointees with backgrounds in academia, government, business, or other career fields that provide a strong basis for service. The Governor shall make his or her appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state. (b) The terms of the eight members appointed by the Governor shall be for six years, except for original appointees who shall serve staggered terms with three appointees serving two years, three appointees serving four years, and two appointees serving six years. The terms of the initial members who are elected officials, or their respective designees, shall commence with their appointment, run concurrently with their terms of office, and shall end when their successors take office. The terms of members who are not serving by virtue of an elected office shall commence with their appointment and shall end when their successor is appointed. All members may succeed themselves. No member shall be appointed for more than three consecutive full terms. Section 5. (a) The board of trustees may perform the following functions: (1) Accept donations, bequests, or other forms of financial assistance for educational purposes from any public or private person or agency and comply with rules and 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 SB102 INTRODUCED Page 5 or private person or agency and comply with rules and regulations governing grants from the federal government or from any other person or agency, which are not in contravention of the constitution and laws. (2) Purchase or lease real estate and equipment and make improvements to facilities necessary for the use of the school, in accordance with applicable law. (3) Lease land or other property belonging to the board of trustees or to the school. (4) Sell or exchange land or other real property not needed for school purposes, but only when specifically authorized by law and then only in accordance with the procedures provided for the sale of unused school lands. The sale shall be authorized by resolution adopted by the board of trustees, and the act of sale shall be signed by the president of the board of trustees or such other person to whom the signing may be delegated by the board of trustees in the authorizing resolution. (5) Adopt, amend, or repeal rules, regulations, and policies necessary or proper for the conduct of the business of the board of trustees. (6) Award certificates and issue diplomas for successful completion of programs of study. All certificates and diplomas shall be in addition to a regular high school diploma, which shall be issued by the state board in accordance with state law to any student who successfully completes the program of study adopted by the board of trustees. (7) Enter into contracts and agreements which have been 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 SB102 INTRODUCED Page 6 (7) Enter into contracts and agreements which have been recommended by the president of school, in accordance with applicable law, and to the extent that funds are specifically appropriated therefor, with other public agencies with respect to cooperative enterprises and undertakings related to or associated with an educational purpose or program affecting education in the school. This shall not preclude the board of trustees from entering into other contracts and agreements that the board of trustees may deem necessary to carry out the duties and functions of the board of trustees. (8) Perform such other functions as are necessary to the supervision and control of those phases of education under the board of trustees. (b) The board of trustees shall delegate to the president of school those powers and duties the board of trustees deems appropriate to aid the president of school in the efficient administration of his or her responsibility for the implementation of the policies of the board of trustees. (c) In addition to the authorities granted in this act and any powers, duties, and responsibilities vested by any other applicable laws, the board of trustees shall perform all of the following duties: (1) Adopt rules, regulations, and policies necessary for the efficient operation of the school. (2) Establish criteria to be used in determining eligibility of applicants for enrollment. (3) Approve subjects and extracurricular activities to be offered. Subjects shall initially be subject to approval by the state board, and thereafter, changes in the subjects shall 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 SB102 INTRODUCED Page 7 the state board, and thereafter, changes in the subjects shall be subject to approval by the state board. (4) Select a president of school who shall be the chief executive officer of the school and who shall administer the rules, regulations, and policies adopted by the board of trustees pursuant to this act. The president of school shall also be the chief administrative officer of the board of trustees and shall be responsible for all the administrative functions, duties, and needs of the board of trustees. Until such time as the board of trustees selects a president of school, the superintendent shall serve as the chief administrative officer of the board of trustees and shall be responsible for the duties of the president of school as they relate to the board of trustees. The superintendent shall relinquish administrative duties provided to the board of trustees to the president of school when the president of school officially assumes his or her duties with the board of trustees. (5) Oversee the staffing plan development and implementation necessary for the efficient operation of the school. (6) Prepare and adopt an annual budget necessary for the continued operation of the school. (7) Pay the expenses, per diem, and travel expenses of the board of trustees and its members, which shall be the same as allowed state employees when the board member is traveling on board business. The board shall also pay the salaries and expenses including, but not limited to, facilities, equipment, and supplies of the administration, faculty, and staff of the 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 SB102 INTRODUCED Page 8 and supplies of the administration, faculty, and staff of the school out of funds appropriated or otherwise made available for the operating and administrative expenses of the board of trustees and the school. (8) Exercise budgetary responsibility and allocate for expenditure by the school and programs under its jurisdiction all monies appropriated or otherwise made available for purposes of the board of trustees and of the school and programs. (9) Oversee selection and use in the school free textbooks and other materials of instruction for students enrolled in the school and programs under its jurisdiction for which the Legislature provides funds. Wherever practical, the school shall select and the board of trustees approve the same textbooks and other materials of instruction as are adopted by the state board. (10) Prepare and adopt or approve programs of study and rules, bylaws, and regulations for the discipline of students and for the government of the school and programs under its jurisdiction, which may not be inconsistent with the law and which shall be enforced by the administration, staff, and faculty of the school. Programs of study shall initially be subject to approval by the state board, and thereafter, any changes in programs of study shall be subject to approval by the state board. (11) Any provision of law to the contrary notwithstanding, prescribe the qualifications of educators at the school, provided that any educator employed at the school, who does not hold certification, shall hold an advanced 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 SB102 INTRODUCED Page 9 who does not hold certification, shall hold an advanced degree, or be acknowledged by the board of trustees as an expert, in his or her field of instruction. (12) Develop and adopt a formula or system under which students shall be admitted. The formula or system shall be sufficient to ensure that at least one qualified applicant for admission from within the geographical boundaries of each state senate district shall be eligible for admission to the school each year. If no qualified applicant from a state senate district applies for admission, then the slots available to that senate district shall be lost to that senate district for that school year and shall be reallocated by the board of trustees to provide for the admission of qualified applicants from other senate districts. Any provision of this subdivision to the contrary notwithstanding, the board of trustees shall admit additional students, utilizing admission criteria provided by the adopted formula or system and as resources and facilities allow, by also taking into consideration the enrollment size of the city or county public school systems in the state senate district of the student applicant. (13) Work with the Alabama Department of Education to assist teachers, administrators, and superintendents across the state to extend elements of the school’s curriculum and other offerings to schools and programs across Alabama. Assistance shall include, but not be limited to, workshops, career conversations, and fostering communities of practice in the areas of healthcare sciences. (14) Adopt rules and regulations to provide for the 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 SB102 INTRODUCED Page 10 (14) Adopt rules and regulations to provide for the evaluation of any applicant who has not been evaluated but who satisfies all other criteria for participation in the program. (d) A majority of actively serving members of the board of trustees shall constitute a quorum for the transaction of business, and all official action of the board of trustees shall require the favorable vote of a majority of those members present and voting. Members may participate by means of telephone conference, video conference, or by similar communications equipment so that all individuals participating in the meeting may hear each other at the same time. Participation by these means shall constitute presence in person at a meeting for all purposes, including the establishment of a quorum. (e) Members of the board of trustees shall be compensated for all actual vouchered expenses incurred in the performance of their duties and functions as required by this act. Expenses shall be paid by the president of school from funds appropriated therefor by the Legislature and upon the warrant of the board of trustees. (f) The board of trustees shall serve as the local educational agency for the school. Section 6. (a) The school, at the discretion of the board of trustees, shall operate on the same school year basis as all other public schools in the state. Full-time students shall be enrolled for the entire school year and may enroll in the summer program. (b) A summer program may be offered for full-time students and for students who qualify to attend the school 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 SB102 INTRODUCED Page 11 students and for students who qualify to attend the school during that period. (c) The school may also offer short courses, workshops, seminars, weekend instructional programs, and other innovative programs, which may be used to offer instruction to students not enrolled as full-time students in the school. (d) The school, at the discretion of the board of trustees, may provide extension courses and campuses on the campuses of other schools, colleges, and universities within the state. Section 7. Whenever possible, the school may offer such extracurricular activities as may be found in any public secondary school in the state. Section 8. Nothing in this act shall be so construed as to prohibit or prevent the board of trustees from accepting federal funds or monies from any corporation or other private contributor for use in operating the school or providing programs by the school. Section 9. It is not the intent of this Legislature to conflict with existing or future programs of the Alabama High School of Mathematics and Science, Chapter 26A of Title 16, Code of Alabama 1975, the Alabama School of Fine Arts, Chapter 26B of Title 16, Code of Alabama 1975, or the Alabama School of Cyber Technology and Engineering, Chapter 26D of Title 16, Code of Alabama 1975. Section 10. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law. 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307