Alabama 2025 Regular Session

Alabama House Bill HB344 Compare Versions

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

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1	1	HB344INTRODUCED
2	2	Page 0
3	3	HB344
4	4	MSSTK1H-1
5	5	By Representative Collins
6	6	RFD: Education Policy
7	7	First Read: 27-Feb-25
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12	12	5 MSSTK1H-1 02/25/2025 KMS (L)ccr 2025-1012
13	13	Page 1
14	14	First Read: 27-Feb-25
15	15	SYNOPSIS:
16	16	Under existing law, local boards of education
17	17	operating under educational intervention may be
18	18	released from intervention by the State Board of
19	19	Education without conditions and may be returned to
20	20	intervention only after following certain specific
21	21	procedures.
22	22	This bill would authorize the State
23	23	Superintendent to summon witnesses and subpoena records
24	24	and other information during an educational
25	25	intervention and to return a local board of education
26	26	to educational intervention, within five years after
27	27	the original release from educational intervention, if
28	28	the specific conditions of the release are not
29	29	satisfied.
30	30	A BILL
31	31	TO BE ENTITLED
32	32	AN ACT
33	33	Relating to public K-12 schools; to amend Section
34	34	16-6E-4, Code of Alabama 1975; to authorize the State
35	35	Superintendent of Education to summon witnesses and subpoena
36	36	certain records and information during an educational
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66	66	certain records and information during an educational
67	67	intervention; and to authorize the State Superintendent of
68	68	Education to reinstate educational intervention for a local
69	69	board of education that has been released from educational
70	70	intervention for less than five years and has not satisfied
71	71	specific conditions of the release.
72	72	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
73	73	Section 1. Section 16-6E-4 of the Code of Alabama 1975,
74	74	is amended to read as follows:
75	75	"§16-6E-4
76	76	The State Board of Education may intervene in the
77	77	educational operations of a city or county local board of
78	78	education and thereby assume general and direct control over
79	79	all decision making and operational functions of the city or
80	80	county local board of education under and subject to the
81	81	following terms and conditions:
82	82	(1) If the State Superintendent of Education determines
83	83	that a majority of the schools in the system are priority
84	84	schools, or the system is not in compliance with Chapter 13A
85	85	of this title or the accreditation status of the system or a
86	86	majority of the schools in the system has been placed on
87	87	probation, or suspended, or revoked, or if any other formal
88	88	disciplinary action has been ordered by the accrediting
89	89	authority, the State Superintendent of Education shall issue a
90	90	written notice to the local superintendent of education and
91	91	the presiding officer of the city or county local board of
92	92	education to show cause why educational intervention should
93	93	not be implemented. The notice shall specify the deficiencies
94	94	within the operation of the city or county local board of
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124	124	within the operation of the city or county local board of
125	125	education, the steps that are required to be taken to correct
126	126	the deficiencies, and a reasonable timetable for completing
127	127	the corrective measures, which timetable may be extended by
128	128	the State Superintendent of Education. The notice shall
129	129	require that the recipient board provide a specific written
130	130	response to the notice, which response shall be filed with the
131	131	State Superintendent of Education not less than 21 calendar
132	132	days after the date the notice was issued, unless the time for
133	133	filing the response is extended by the State Superintendent of
134	134	Education. In its response, the city or county local board of
135	135	education may offer reasons why intervention is not warranted
136	136	or, in the alternative, a specific plan and timetable for
137	137	correcting the deficiencies identified in the notice to show
138	138	cause.
139	139	(2) If, based on the response of the city or county
140	140	local board of education to the notice to show cause or other
141	141	relevant circumstances and considerations, the State
142	142	Superintendent of Education determines that educational
143	143	intervention is not warranted or should be deferred, the city
144	144	or county local board of education shall be notified of such
145	145	that determination.
146	146	(3) If, in light of the response of the city or county
147	147	local board of education, the State Superintendent of
148	148	Education concludes that educational intervention is
149	149	nonetheless warranted, but that the plan proposed by the city
150	150	or county local board of education for correcting the
151	151	deficiencies set forth in the notice is acceptable, with or
152	152	without such the modifications as may be required by the State
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182	182	without such the modifications as may be required by the State
183	183	Superintendent of Education, the city or county local board of
184	184	education shall be notified of such that determination. The
185	185	plan, with any modifications thereto that may be required by
186	186	the State Superintendent of Education, shall thereafter be
187	187	implemented according to its terms.
188	188	(4) If the approved plan is not implemented or if the
189	189	response to the notice to show cause does not include a plan
190	190	that, in the judgment of the State Superintendent of
191	191	Education, adequately addresses the deficiencies that prompted
192	192	issuance of the notice, the State Superintendent of Education
193	193	shall request in writing that the State Board of Education
194	194	approve a resolution authorizing the State Superintendent of
195	195	Education to intervene in the operations of the city or county
196	196	local board of education. The request of the State
197	197	Superintendent of Education shall include a description of the
198	198	conditions and circumstances supporting the request, a copy of
199	199	the response of the city or county local board of education to
200	200	the notice to show cause why educational intervention should
201	201	not be implemented, an explanation of why the response of the
202	202	city or county local board of education to the notice to show
203	203	cause does not adequately address the deficiencies identified
204	204	in the notice, and a proposed plan for correcting the
205	205	deficiencies. The city or county local board of education that
206	206	is the subject of the request shall be notified thereof by the
207	207	State Superintendent of Education and shall be provided with a
208	208	copy of the request of the State Superintendent of Education
209	209	and any material accompanying or submitted in support of the
210	210	request. Before any vote of the State Board of Education on
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240	240	request. Before any vote of the State Board of Education on
241	241	the request, the city or county local board of education that
242	242	is the subject of the request shall be afforded an opportunity
243	243	to demonstrate in writing to the State Board of Education why
244	244	such the action is not warranted or should not be approved and
245	245	to appear before the State Board of Education for such that
246	246	purpose prior to before a vote being taken on the request for
247	247	educational intervention.
248	248	(5) The State Board of Education shall authorize
249	249	intervention under this chapter on the basis of the
250	250	deficiencies and supporting data cited in support of the
251	251	request for intervention authority of the State Superintendent
252	252	of Education and upon a finding that the city or county local
253	253	board of education has demonstrated an unwillingness or
254	254	inability to voluntarily comply with the standards provided in
255	255	subdivision (1) and the requirements specified in the request
256	256	of the State Superintendent of Education. The resolution by
257	257	which educational intervention is authorized shall describe
258	258	with reasonable specificity the criteria or conditions that
259	259	are required to be satisfied by the city or county local board
260	260	of education in order to be released from intervention. If the
261	261	State Board of Education approves a resolution authorizing
262	262	educational intervention, the State Superintendent of
263	263	Education may exercise plenary authority to make such
264	264	decisions or take such actions as he or she reasonably deems
265	265	necessary to correct the deficiencies that led to the request
266	266	for approval of intervention or that may be discovered in the
267	267	exercise of intervention authority. Educational intervention
268	268	authority may be exercised directly by the State
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298	298	authority may be exercised directly by the State
299	299	Superintendent of Education or indirectly through his or her
300	300	designee acting as a chief administrative officer who shall be
301	301	appointed by, report to, and serve in such that capacity at
302	302	the pleasure and under the supervision of the State
303	303	Superintendent of Education. The chief administrative officer
304	304	may act on behalf of the State Superintendent of Education for
305	305	all purposes under this chapter. If the State Superintendent
306	306	of Education appoints a chief administrative officer, that
307	307	officer shall be designated by name in a resolution presented
308	308	to the State Board of Education.
309	309	(6) While a city or county local board of education is
310	310	operating under educational intervention, the State
311	311	Superintendent of Education or the chief administrative
312	312	officer shall have the power and authority to may act for and
313	313	on behalf of the city or county local board of education and
314	314	its superintendent in all matters and for all purposes under
315	315	the Code of Alabama 1975 state law. The State Superintendent
316	316	of Education may summon any witness to appear and give
317	317	testimony, and summon by subpoena duces tecum any records,
318	318	books, or other information of any kind relating to any matter
319	319	which the State Department of Education or the State Board of
320	320	Education has authority to administer or regulate, including
321	321	educational intervention . No decision, action, or undertaking
322	322	made or approved by the State Superintendent of Education or
323	323	chief administrative officer shall require the separate
324	324	recommendation, concurrence, or approval of any city or county
325	325	local board of education or any official thereof in order to
326	326	be deemed final, valid, or enforceable. While under
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356	356	be deemed final, valid, or enforceable. While under
357	357	educational intervention, a city or county local board of
358	358	education, with the approval of the State Superintendent of
359	359	Education or the chief administrative officer, may meet
360	360	according to a schedule and agenda that are approved in
361	361	advance by the State Superintendent of Education or the chief
362	362	administrative officer and are subject to modification only at
363	363	the direction or with the express approval of the State
364	364	Superintendent of Education or the chief administrative
365	365	officer. Otherwise, the city or county local board of
366	366	education shall meet only at the call of and for specific
367	367	purposes approved by the State Superintendent of Education or
368	368	the chief administrative officer. While under educational
369	369	intervention, city and county local boards of education and
370	370	their officials and employees shall serve under the
371	371	supervision and direction of the State Superintendent of
372	372	Education or the chief administrative officer. The State
373	373	Superintendent of Education or the chief administrative
374	374	officer may delegate to the employees of the State Department
375	375	of Education or city or county local board of education
376	376	officials or employees such administrative authority and
377	377	responsibilities as they may deem necessary to ensure the
378	378	timely, practical, and efficient execution of normal
379	379	educational functions, and, at the expense of the city or
380	380	county local board of education, may engage and direct the
381	381	activities of such consultants, specialists, or employees as
382	382	they deem necessary to achieve the objectives of the
383	383	intervention.
384	384	(7) Personnel actions that the State Superintendent of
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414	414	(7) Personnel actions that the State Superintendent of
415	415	Education or the chief administrative officer deem necessary
416	416	and appropriate to the attainment of intervention objectives
417	417	may be implemented directly by such those officials. Personnel
418	418	actions taken pursuant to the intervention authority of the
419	419	State Superintendent of Education must shall comply with
420	420	Chapter 24C of this title, the Students First Act of 2011, if
421	421	and to the extent that the Students First Act of 2011 would
422	422	otherwise control, except that the State Superintendent of
423	423	Education shall discharge the functions that would otherwise
424	424	be executed by the local superintendent and board of education
425	425	under the Students First Act of 2011. Intervention-related
426	426	personnel actions shall also be described by the State
427	427	Superintendent of Education or the chief administrative
428	428	officer in a written report that shall include the specific
429	429	personnel actions to be taken and an explanation of how such
430	430	those actions serve the attainment of one or more intervention
431	431	objectives. At the direction of the State Superintendent of
432	432	Education or the chief administrative officer, and as soon as
433	433	practicable following its issuance, the report shall be
434	434	entered into the minutes of the city or county local board of
435	435	education and the nature of individual personnel actions shall
436	436	be suitably memorialized in the personnel files of affected
437	437	employees and in databases or other records maintained for
438	438	such those purposes by the city or county local board of
439	439	education. No delay or irregularity in the transmittal or
440	440	recordation of the foregoing report or related data shall
441	441	invalidate or impair the timely implementation of
442	442	intervention-related personnel actions as prescribed by the
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472	472	intervention-related personnel actions as prescribed by the
473	473	State Superintendent of Education or the chief administrative
474	474	officer. Personnel actions that are deemed advisable or
475	475	appropriate but that are not identified as related to the
476	476	attainment of intervention objectives by the State
477	477	Superintendent of Education or the chief administrative
478	478	officer may be initiated and acted on by city or county local
479	479	board officials. Such actions shall be taken in accordance
480	480	with Chapter 24C of this title, the Students First Act of
481	481	2011, or other generally applicable statutory requirements,
482	482	policies, and procedures if the proposed actions would
483	483	otherwise be subject to such those statutes, policies, and
484	484	procedures and if they are first authorized by the State
485	485	Superintendent of Education or the chief administrative
486	486	officer.
487	487	(8) The State Superintendent of Education shall report
488	488	to the State Board of Education regarding the status of
489	489	intervention in the affected city or county local school
490	490	system periodically or at the request of the State Board of
491	491	Education and, in any event, not less than once every six
492	492	months.
493	493	(9) A city or county local board of education may be
494	494	provisionally released from educational intervention upon the
495	495	adoption of a resolution by the State Board of Education
496	496	authorizing such action the release. A provisional release
497	497	shall return oversight of the operations of a local school
498	498	system back to the local board of education . The resolution
499	499	shall be considered by the State Board of Education upon the
500	500	written recommendation of the State Superintendent of
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530	530	written recommendation of the State Superintendent of
531	531	Education or upon presentation of a written petition
532	532	requesting such action duly executed by at least two-thirds of
533	533	the members of the city or county board of education that is
534	534	operating under educational intervention. The petition shall
535	535	set forth the grounds on which the petition is based and may
536	536	include any evidence that may be relevant to consideration by
537	537	the State Board of Education. Representatives of the city or
538	538	county board of education may also be heard in connection with
539	539	the petition, but no vote shall be taken on the petition by
540	540	the State Board of Education without first soliciting the
541	541	views of the State Superintendent of Education regarding the
542	542	merits of the petition . If, within five years after a
543	543	provisional release is originally granted, the State
544	544	Superintendent of Education, in his or her discretion,
545	545	determines that the local board of education has either not
546	546	satisfied the conditions of its provisional release or has
547	547	demonstrated that it is unable to properly oversee the
548	548	operations of the local school system, the State
549	549	Superintendent of Education may immediately revoke the
550	550	provisional release and return the local board of education to
551	551	educational intervention without further action. A local board
552	552	of education is only considered fully released from
553	553	educational intervention if the local board of education is
554	554	not returned to educational intervention during the five-year
555	555	period granted by the provisional release. If a local board of
556	556	education is returned to educational intervention during the
557	557	five-year period, a new five-year period shall begin upon a
558	558	subsequent provisional release. "
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588	588	subsequent provisional release. "
589	589	Section 2. This act shall become effective on October
590	590	1, 2025.
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