(a) During fiscal year 2009 and any fiscal year in which proration is declared by the Governor in an amount equal to or greater than three percent, local boards of education, with the recommendation of the local superintendent, may transfer Education Trust Fund line item appropriations including the Public School Fund, except Public School Fund monies dedicated to a specific capital outlay project or debt service and except for Alabama Public School and College Authority funds which are allocated for a specific capital outlay project, between and among appropriated line item categories. No state funds shall be transferred from funds appropriated for salaries, fringe benefits, or student materials allocations.
(b) Prior to any implementation of the flexibility provisions of this section, the local board of education shall produce a plan indicating the source and amount to be transferred from each line item and show that the transfer of funds is necessary to minimize the loss of locally employed personnel providing education services, and to cover the essential operational expenses not fully funded by the Education Trust Fund Appropriations Act. The plan shall be submitted to the State Superintendent of Education for approval and must also be made available to the public and approved by the local board of education before it is submitted to the State Superintendent of Education. Failure to follow the plan once approved shall result in immediate state intervention and the subsequent withdrawal of approval. In instances where there are no layoffs due to proration or the school system is in a position of desperate financial need and sufficient other funds are not available from the Public School Fund, local funds, or other sources of revenue, the State Superintendent of Education may allow flexibility through an approved plan to pay for essential services. Before approval of the proposed plan, the state superintendent shall review all existing fund balances, the essential purposes which may only be funded through the flexibility provided as proposed, the economic factors that affect local revenues, and any loss of funding because of a drop in student enrollment. Prior to final approval of any proposed plan, the state superintendent shall assure that the first priority in use of flexibility funds shall be to prevent the loss of personnel.
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.