HB61INTRODUCED
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HB61
12MF33L-1
By Representative DuBose
RFD: Ways and Means Education
First Read: 04-Feb-25
PFD: 07-Nov-24
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6 12MF33L-1 08/08/2024 GP (L) lg 2024-2164
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PFD: 07-Nov-24
SYNOPSIS:
Under existing law, career and technical
education programs are available to students at
certain public schools.
Existing law does not authorize home school
students to participate in any class or program
offered by a public school.
This bill would authorize home school students
to participate in career and technical education
programs at public schools, except that full-time,
stand-alone career and technical education schools may
choose whether to opt in to home school student
participation.
This bill would provide conditions that a home
school student must meet in order to participate in a
career and technical education program.
This bill would require the State Board of
Education and each local board of education to adopt
rules relating to the participation of home school
students in career and technical education programs.
This bill would also amend the definition of
"qualifying educational expenses" for purposes of the
CHOOSE Act to include any course fees assessed to a
student participating in a career and technical
education program.
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education program.
A BILL
TO BE ENTITLED
AN ACT
Relating to public K-12 education; to amend Section 2
of Act 2024-21, 2024 Regular Session, now appearing as Section
16-6J-2, Code of Alabama 1975; to authorize home school
students to participate in certain career and technical
education programs at K-12 public schools; to provide
exemptions for full-time career and technical education
schools; to require the State Board of Education and local
boards of education to adopt rules; and to amend the
definition of "qualifying educational expenses" for purposes
of the CHOOSE Act to include certain fees relating to career
and technical education programs.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For the purposes of this section, the
following terms have the following meanings:
(1) CAREER AND TECHNICAL EDUCATION or CTE. An area of
study that blends academic, occupational, and life skills
leading to a credential, employment, or further education.
(2) HOME SCHOOL STUDENT. A student who is instructed by
a private tutor pursuant to Section 16-28-5, Code of Alabama
1975, or who is taught at home and is enrolled in a private
school or a church school as defined in Section 16-28-1, Code
of Alabama 1975.
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of Alabama 1975.
(3) STATE BOARD. The State Board of Education.
(b) Beginning with the 2026-2027 school year, a home
school student may participate in any career and technical
education program offered by a public school, provided that:
(1) The home school student enrolls as a nontraditional
public school student; and
(2) The home school student pays any course fees in an
amount equal to the fee charged to an enrolled public school
student.
(c) In the event that a CTE program has limited
enrollment capacity, a home school student who wishes to
enroll in the CTE program shall be considered for enrollment
after current public school students are enrolled.
(d)(1) The state board shall adopt rules to implement
and administer this section.
(2) Each local board of education shall adopt a policy
reflecting the requirements of this section and rules adopted
by the state board.
(e) This act does not require any full-time,
stand-alone career and technical education school to allow
home school students to participate in its career and
technical education programs. However, any full-time,
stand-alone career and technical education school may choose
to allow home school students to participate in its career and
technical education programs pursuant to this section.
Section 2. Section 2 of Act 2024-21, 2024 Regular
Session, now appearing as Section 16-6J-2, Code of Alabama
1975, is amended to read as follows:
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1975, is amended to read as follows:
"§16-6J-2
As used in this chapter, unless otherwise specified or
unless the context requires otherwise, the following terms
have the following meanings:
(1) ACADEMIC YEAR. The 12-month period beginning on
July 1 and ending on the following June 30.
(2) DEPARTMENT. The Alabama Department of Revenue.
(3) EDUCATION SAVINGS ACCOUNT or ESA. An account in
which funds are deposited by the department for the parent of
a participating student to pay qualifying expenses to an
education service provider.
(4) EDUCATION SERVICE PROVIDER. A school, including a
participating school, organization, vendor, or individual
other than the parent of the eligible student, approved by the
department to provide educational goods and services,
including goods and services designed for use by home school
students, to eligible students.
(5) ELIGIBLE STUDENT. A child aged 5 to 19 years of age
who resides in this state and who has not graduated high
school or a child aged 5 to 21 years of age who resides in
this state and qualifies for services under the Individuals
with Disabilities Education Act (IDEA) of 1975 or Section 504
of the Rehabilitation Act of 1973, 29 U.S.C. § 794. The term
does not include :
a. Aa student receiving scholarship funds or a tax
credit under the Alabama Accountability Act of 2013, Chapter
6D;. The term does not include
b. Aa child who is enrolled in a private school as
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b. Aa child who is enrolled in a private school as
defined in Section 16-28-1 that is not a participating
school.; or The term does not include
c. Aa child who is not lawfully present in the United
States.
(6) PARENT. A resident of this state who is the parent,
guardian, custodian, or other individual with authority to act
on behalf of an eligible student. The term does not include an
individual who is not lawfully present in the United States.
(7) PARTICIPATING SCHOOL. A State of Alabama education
service provider that is an accredited public K-12 school or
an accredited private school, including a church, parochial,
or religious school, which provides education to K-12 students
and which is approved by the department. The school must be
accredited, or be in the process of obtaining accreditation ,
as determined by the department, by one of the six regional
accrediting agencies , or the National Council for Private
School Accreditation, Cognia, the American Association of
Christian Schools, the Alabama Christian Education
Association, the Alabama Independent School Association, or
one of their partner accrediting agencies.
(8) PARTICIPATING STUDENT. An eligible student who is
approved by the department to participate in the program and
receives services from an education service provider.
(9) PROGRAM. The Creating Hope and Opportunity for Our
Students' Education (CHOOSE) Act Tax Credit program
established by this chapter.
(10) QUALIFYING EDUCATIONAL EXPENSES. Expenses incurred
by a parent of an eligible student in one or more of the
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by a parent of an eligible student in one or more of the
following categories:
a. Tuition and fees at a participating school.
b. Textbooks.
c. Fees for after-school or summer education programs
provided by a participating school.
d. Private tutoring.
e. Curricula or instructional materials.
f. Tuition and fees for nonpublic online learning
programs.
g. Educational software and applications.
h. Fees for standardized and nationally recognized
assessments, including college admissions tests and advanced
placement examinations and related preparatory courses.
i. Education services for students with disabilities
from a licensed or accredited practitioner or education
service provider.
j. Contracted services provided by a public school
district including specific classroom instruction.
k. Any course fees or other costs assessed to a student
participating in a career and technical education program
pursuant to Section 1 of this act.
(11) RESIDENT SCHOOL DISTRICT. The public school
district in which an eligible student resides.
(12) SPECIAL-NEEDS STUDENT. A student who qualifies for
services under the Individuals with Disabilities Education Act
(IDEA) of 1975 or Section 504 of the Rehabilitation Act of
1973, 29 U.S.C. § 794.
Section 3. This act shall become effective on October
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Section 3. This act shall become effective on October
1, 2025.169