HB344INTRODUCED
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HB344
MSSTK1H-1
By Representative Collins
RFD: Education Policy
First Read: 27-Feb-25
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5 MSSTK1H-1 02/25/2025 KMS (L)ccr 2025-1012
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First Read: 27-Feb-25
SYNOPSIS:
Under existing law, local boards of education
operating under educational intervention may be
released from intervention by the State Board of
Education without conditions and may be returned to
intervention only after following certain specific
procedures.
This bill would authorize the State
Superintendent to summon witnesses and subpoena records
and other information during an educational
intervention and to return a local board of education
to educational intervention, within five years after
the original release from educational intervention, if
the specific conditions of the release are not
satisfied.
A BILL
TO BE ENTITLED
AN ACT
Relating to public K-12 schools; to amend Section
16-6E-4, Code of Alabama 1975; to authorize the State
Superintendent of Education to summon witnesses and subpoena
certain records and information during an educational
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certain records and information during an educational
intervention; and to authorize the State Superintendent of
Education to reinstate educational intervention for a local
board of education that has been released from educational
intervention for less than five years and has not satisfied
specific conditions of the release.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 16-6E-4 of the Code of Alabama 1975,
is amended to read as follows:
"ยง16-6E-4
The State Board of Education may intervene in the
educational operations of a city or county local board of
education and thereby assume general and direct control over
all decision making and operational functions of the city or
county local board of education under and subject to the
following terms and conditions:
(1) If the State Superintendent of Education determines
that a majority of the schools in the system are priority
schools, or the system is not in compliance with Chapter 13A
of this title or the accreditation status of the system or a
majority of the schools in the system has been placed on
probation, or suspended, or revoked, or if any other formal
disciplinary action has been ordered by the accrediting
authority, the State Superintendent of Education shall issue a
written notice to the local superintendent of education and
the presiding officer of the city or county local board of
education to show cause why educational intervention should
not be implemented. The notice shall specify the deficiencies
within the operation of the city or county local board of
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within the operation of the city or county local board of
education, the steps that are required to be taken to correct
the deficiencies, and a reasonable timetable for completing
the corrective measures, which timetable may be extended by
the State Superintendent of Education. The notice shall
require that the recipient board provide a specific written
response to the notice, which response shall be filed with the
State Superintendent of Education not less than 21 calendar
days after the date the notice was issued, unless the time for
filing the response is extended by the State Superintendent of
Education. In its response, the city or county local board of
education may offer reasons why intervention is not warranted
or, in the alternative, a specific plan and timetable for
correcting the deficiencies identified in the notice to show
cause.
(2) If, based on the response of the city or county
local board of education to the notice to show cause or other
relevant circumstances and considerations, the State
Superintendent of Education determines that educational
intervention is not warranted or should be deferred, the city
or county local board of education shall be notified of such
that determination.
(3) If, in light of the response of the city or county
local board of education, the State Superintendent of
Education concludes that educational intervention is
nonetheless warranted, but that the plan proposed by the city
or county local board of education for correcting the
deficiencies set forth in the notice is acceptable, with or
without such the modifications as may be required by the State
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without such the modifications as may be required by the State
Superintendent of Education, the city or county local board of
education shall be notified of such that determination. The
plan, with any modifications thereto that may be required by
the State Superintendent of Education, shall thereafter be
implemented according to its terms.
(4) If the approved plan is not implemented or if the
response to the notice to show cause does not include a plan
that, in the judgment of the State Superintendent of
Education, adequately addresses the deficiencies that prompted
issuance of the notice, the State Superintendent of Education
shall request in writing that the State Board of Education
approve a resolution authorizing the State Superintendent of
Education to intervene in the operations of the city or county
local board of education. The request of the State
Superintendent of Education shall include a description of the
conditions and circumstances supporting the request, a copy of
the response of the city or county local board of education to
the notice to show cause why educational intervention should
not be implemented, an explanation of why the response of the
city or county local board of education to the notice to show
cause does not adequately address the deficiencies identified
in the notice, and a proposed plan for correcting the
deficiencies. The city or county local board of education that
is the subject of the request shall be notified thereof by the
State Superintendent of Education and shall be provided with a
copy of the request of the State Superintendent of Education
and any material accompanying or submitted in support of the
request. Before any vote of the State Board of Education on
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request. Before any vote of the State Board of Education on
the request, the city or county local board of education that
is the subject of the request shall be afforded an opportunity
to demonstrate in writing to the State Board of Education why
such the action is not warranted or should not be approved and
to appear before the State Board of Education for such that
purpose prior to before a vote being taken on the request for
educational intervention.
(5) The State Board of Education shall authorize
intervention under this chapter on the basis of the
deficiencies and supporting data cited in support of the
request for intervention authority of the State Superintendent
of Education and upon a finding that the city or county local
board of education has demonstrated an unwillingness or
inability to voluntarily comply with the standards provided in
subdivision (1) and the requirements specified in the request
of the State Superintendent of Education. The resolution by
which educational intervention is authorized shall describe
with reasonable specificity the criteria or conditions that
are required to be satisfied by the city or county local board
of education in order to be released from intervention. If the
State Board of Education approves a resolution authorizing
educational intervention, the State Superintendent of
Education may exercise plenary authority to make such
decisions or take such actions as he or she reasonably deems
necessary to correct the deficiencies that led to the request
for approval of intervention or that may be discovered in the
exercise of intervention authority. Educational intervention
authority may be exercised directly by the State
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authority may be exercised directly by the State
Superintendent of Education or indirectly through his or her
designee acting as a chief administrative officer who shall be
appointed by, report to, and serve in such that capacity at
the pleasure and under the supervision of the State
Superintendent of Education. The chief administrative officer
may act on behalf of the State Superintendent of Education for
all purposes under this chapter. If the State Superintendent
of Education appoints a chief administrative officer, that
officer shall be designated by name in a resolution presented
to the State Board of Education.
(6) While a city or county local board of education is
operating under educational intervention, the State
Superintendent of Education or the chief administrative
officer shall have the power and authority to may act for and
on behalf of the city or county local board of education and
its superintendent in all matters and for all purposes under
the Code of Alabama 1975 state law. The State Superintendent
of Education may summon any witness to appear and give
testimony, and summon by subpoena duces tecum any records,
books, or other information of any kind relating to any matter
which the State Department of Education or the State Board of
Education has authority to administer or regulate, including
educational intervention . No decision, action, or undertaking
made or approved by the State Superintendent of Education or
chief administrative officer shall require the separate
recommendation, concurrence, or approval of any city or county
local board of education or any official thereof in order to
be deemed final, valid, or enforceable. While under
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be deemed final, valid, or enforceable. While under
educational intervention, a city or county local board of
education, with the approval of the State Superintendent of
Education or the chief administrative officer, may meet
according to a schedule and agenda that are approved in
advance by the State Superintendent of Education or the chief
administrative officer and are subject to modification only at
the direction or with the express approval of the State
Superintendent of Education or the chief administrative
officer. Otherwise, the city or county local board of
education shall meet only at the call of and for specific
purposes approved by the State Superintendent of Education or
the chief administrative officer. While under educational
intervention, city and county local boards of education and
their officials and employees shall serve under the
supervision and direction of the State Superintendent of
Education or the chief administrative officer. The State
Superintendent of Education or the chief administrative
officer may delegate to the employees of the State Department
of Education or city or county local board of education
officials or employees such administrative authority and
responsibilities as they may deem necessary to ensure the
timely, practical, and efficient execution of normal
educational functions, and, at the expense of the city or
county local board of education, may engage and direct the
activities of such consultants, specialists, or employees as
they deem necessary to achieve the objectives of the
intervention.
(7) Personnel actions that the State Superintendent of
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(7) Personnel actions that the State Superintendent of
Education or the chief administrative officer deem necessary
and appropriate to the attainment of intervention objectives
may be implemented directly by such those officials. Personnel
actions taken pursuant to the intervention authority of the
State Superintendent of Education must shall comply with
Chapter 24C of this title, the Students First Act of 2011, if
and to the extent that the Students First Act of 2011 would
otherwise control, except that the State Superintendent of
Education shall discharge the functions that would otherwise
be executed by the local superintendent and board of education
under the Students First Act of 2011. Intervention-related
personnel actions shall also be described by the State
Superintendent of Education or the chief administrative
officer in a written report that shall include the specific
personnel actions to be taken and an explanation of how such
those actions serve the attainment of one or more intervention
objectives. At the direction of the State Superintendent of
Education or the chief administrative officer, and as soon as
practicable following its issuance, the report shall be
entered into the minutes of the city or county local board of
education and the nature of individual personnel actions shall
be suitably memorialized in the personnel files of affected
employees and in databases or other records maintained for
such those purposes by the city or county local board of
education. No delay or irregularity in the transmittal or
recordation of the foregoing report or related data shall
invalidate or impair the timely implementation of
intervention-related personnel actions as prescribed by the
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intervention-related personnel actions as prescribed by the
State Superintendent of Education or the chief administrative
officer. Personnel actions that are deemed advisable or
appropriate but that are not identified as related to the
attainment of intervention objectives by the State
Superintendent of Education or the chief administrative
officer may be initiated and acted on by city or county local
board officials. Such actions shall be taken in accordance
with Chapter 24C of this title, the Students First Act of
2011, or other generally applicable statutory requirements,
policies, and procedures if the proposed actions would
otherwise be subject to such those statutes, policies, and
procedures and if they are first authorized by the State
Superintendent of Education or the chief administrative
officer.
(8) The State Superintendent of Education shall report
to the State Board of Education regarding the status of
intervention in the affected city or county local school
system periodically or at the request of the State Board of
Education and, in any event, not less than once every six
months.
(9) A city or county local board of education may be
provisionally released from educational intervention upon the
adoption of a resolution by the State Board of Education
authorizing such action the release. A provisional release
shall return oversight of the operations of a local school
system back to the local board of education . The resolution
shall be considered by the State Board of Education upon the
written recommendation of the State Superintendent of
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written recommendation of the State Superintendent of
Education or upon presentation of a written petition
requesting such action duly executed by at least two-thirds of
the members of the city or county board of education that is
operating under educational intervention. The petition shall
set forth the grounds on which the petition is based and may
include any evidence that may be relevant to consideration by
the State Board of Education. Representatives of the city or
county board of education may also be heard in connection with
the petition, but no vote shall be taken on the petition by
the State Board of Education without first soliciting the
views of the State Superintendent of Education regarding the
merits of the petition . If, within five years after a
provisional release is originally granted, the State
Superintendent of Education, in his or her discretion,
determines that the local board of education has either not
satisfied the conditions of its provisional release or has
demonstrated that it is unable to properly oversee the
operations of the local school system, the State
Superintendent of Education may immediately revoke the
provisional release and return the local board of education to
educational intervention without further action. A local board
of education is only considered fully released from
educational intervention if the local board of education is
not returned to educational intervention during the five-year
period granted by the provisional release. If a local board of
education is returned to educational intervention during the
five-year period, a new five-year period shall begin upon a
subsequent provisional release. "
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subsequent provisional release. "
Section 2. This act shall become effective on October
1, 2025.
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