THIS SECTION WAS AMENDED BY ACT 2022-367 IN THE 2022 REGULAR SESSION, EFFECTIVE OCTOBER 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
(a) Notwithstanding any provision of law to the contrary, the governing board of each educational institution or state educational institution, as defined in Section 41-4-400(d), shall have full power and authority for, and on behalf of, the State of Alabama to do any or all of the following in relation to that institution:
(1) To acquire lands by purchase, condemnation, or otherwise.
(2) To plan for the construction, repair, remodeling, enlargement, renovation, furnishing, refurnishing, improvement, or relocation of buildings, structures, and facilities.
(3) To set policies, procedures, and guidelines for the design, construction, renovation, equipment, furnishing, maintenance, and improvement of all property now owned or hereafter acquired.
(4) To construct, repair, equip, remodel, enlarge, renovate, furnish, refurnish, improve, and locate buildings, structures, and facilities.
(5) To enter into contracts or consult with architects, engineers, contractors, suppliers, and others as needed to perform any of the functions provided for in this subsection.
(6) To receive any monies, land, or equipment donated, appropriated, or otherwise acquired by it for the purposes provided for in this subsection.
(7) To charge and provide for collection of user fees for its services. The fees established shall take into consideration the costs of the governing board incurred under this section.
(8) To make and adopt all necessary rules, regulations, and plans for its own guidance and for the proper conduct of the duties imposed upon it.
(9) To review and approve or disapprove all proposed construction, renovation, or improvement projects for constructability, durability, and maintainability and to ensure the efficient use and availability of funds.
(10) To review and administer all design and construction contracts for facilities as provided for in this subsection.
(11) To review all emergency project declarations and to aid in the timely execution of emergency projects.
(12) To hire architects, inspectors, and any other personnel necessary for the purposes provided for in this subsection or the duties assigned under this section.
(b)(1)a. At any public K-12 school or at any public institution of higher education with a constitutionally created board of trustees, any capital improvement project with an estimated cost certified by a licensed architect or licensed engineer to be no more than five hundred thousand dollars ($500,000); any repair or maintenance of heating, ventilation, and air conditioning systems; and any roofing repair or maintenance shall not be subject to approval by the Division of Construction Management within the Department of Finance.
b. The State Department of Education shall develop and distribute forms relating to projects subject to this subdivision for use by local boards of education. The department shall ensure that these forms do not require use of Division of Construction Management services for projects subject to this subdivision.
(2) Any repair or maintenance project with an estimated cost certified by a licensed architect or licensed engineer to be no more than five hundred thousand dollars ($500,000); any repair or maintenance of heating, ventilation, and air conditioning systems; and any roofing repair or maintenance shall not be subject to approval by the governing board of an educational institution or state educational institution.
(c) All powers, authority, and jurisdiction of the Division of Construction Management or the former Building Commission relating to any educational institution or state educational institution, including, but not limited to, those authorities currently established in Sections 16-1-2.2, 16-16-10(o)(2) and (p), 39-2-2(f)(1), 41-9-243, and 41-16-72(3)(a) through (f), which were previously transferred to the Division of Construction Management within the Department of Finance, are transferred to the governing board of that institution; provided, that the Division of Construction Management shall retain its authority to adopt uniform minimum building standards code for the construction and renovation of facilities at any educational institution or state educational institution.
Structure Code of Alabama
Chapter 1 - General Provisions.
Section 16-1-2.1 - New School Construction to Include Approved Safe Space or Hallway.
Section 16-1-2.5 - (Effective February 1, 2022) Contracts.
Section 16-1-3 - Photographing or Microphotographing Records - Authorized; Force and Effect.
Section 16-1-5 - Photographing or Microphotographing Records - Intent.
Section 16-1-6 - Association of School Board Members.
Section 16-1-7 - Eye Protective Devices for Pupils and Teachers Participating in Certain Courses.
Section 16-1-8.1 - Classroom Instructional Support.
Section 16-1-10 - Selling, etc., Alcoholic Beverages to School Children; Keeping on School Premises.
Section 16-1-11 - Private Schools to Register and Report;.
Section 16-1-11.1 - Autonomy of Nonpublic Schools - Legislative Findings.
Section 16-1-11.3 - Autonomy of Nonpublic Schools - Applicability of Statutory Requirements.
Section 16-1-11.5 - Teacher Certification.
Section 16-1-11.6 - Membership of Nonpublic Schools in Alabama High School Athletic Association.
Section 16-1-13 - Teaching Pupils of Disparate Ability, Background and Achievement.
Section 16-1-15 - Classification and Grouping of Pupils Upon Consideration of Social Attitudes, Etc.
Section 16-1-16 - Special Courses, Tutoring, Counseling, etc., for Special Groups of Pupils.
Section 16-1-16.1 - Alabama Council on Family and Children.
Section 16-1-17 - Contest of Certain Elections.
Section 16-1-18.1 - Accumulation of Sick Leave.
Section 16-1-18.2 - Payment for Unused Sick Leave Upon Death of Employee.
Section 16-1-20 - Period of Silence for Meditation at Beginning of First Class in Public Schools.
Section 16-1-20.1 - Period of Silence for Meditation.
Section 16-1-20.2 - School Prayer.
Section 16-1-20.3 - Student-Initiated Voluntary Prayer.
Section 16-1-20.4 - Period of Quiet Reflection.
Section 16-1-20.5 - Protection of Student Religious Liberties.
Section 16-1-20.6 - Released Time for Student Participation in Religious Instruction.
Section 16-1-22 - Audit of Certain Institutions.
Section 16-1-23 - Hazing Prohibited; Penalty.
Section 16-1-24.2 - Department of Education to Develop Statewide Violence Prevention Program.
Section 16-1-25.1 - Access by Professional Educators' Associations.
Section 16-1-26 - Compensation of School Board Members.
Section 16-1-27 - Use of Electronic Communication Devices on School Property.
Section 16-1-30 - Written Educational Policies, Rules and Regulations of Local Boards of Education.
Section 16-1-31 - Elective Course Credit for Participation in Ymca Youth and Government Programs.
Section 16-1-32 - Debit Cards; Authorized Uses; Transaction Fees.
Section 16-1-33 - Written Reduction-in-Force Policy.
Section 16-1-35 - Governor's Academic Achievement Program.
Section 16-1-36 - Tutoring Programs for Students Accessed Below Average Sat Scores.
Section 16-1-37 - Issuance of High School Diplomas to Certain Honorably Discharged Veterans.
Section 16-1-39 - Self-Administration of Medications by Student.
Section 16-1-40 - Education Trust Fund Proration Relief.
Section 16-1-41 - Orientation and Training for Members of Local Board of Education.
Section 16-1-41.1 - School Board Governance Improvement.
Section 16-1-42 - High School Fast Track to College Program.
Section 16-1-43 - Waiver of Undergraduate Tuition and Fees for Purple Heart Recipients.
Section 16-1-44 - School Emergency Operations Plans.
Section 16-1-44.1 - School Security Personnel and School Resource Officers.
Section 16-1-44.2 - Electronic Notification System.
Section 16-1-45 - Automated External Defibrillator Requirements.
Section 16-1-46 - Farm-to-School Procurement Processes and Procedures.
Section 16-1-48 - Anaphylaxis Preparedness Program.
Section 16-1-50 - Possession and Use of Over-the-Counter Sunscreen by Students.
Section 16-1-52 - Participation in Athletic Events to Be Based on Biological Sex of Athletes.
Section 16-1-53 - Broadcast of Public K-12 School Sporting Events.