copied & pasted the SB 420 bill below. Please pass this on to all your friends who homeschool or attend private/church schools. Call your legislators! This is not good! SB420 By Senators Brewbaker and Hightower RFD Education Rd 1 27-FEB-14 SYNOPSIS: This bill would establish the Educational Opportunities Act. This bill would further clarify the autonomy of nonpublic schools, including church, parochial, and private schools offering instruction in grades K-12. This bill would require nonpublic schools to annually identify with the State Department of Education and set forth procedures for disposal of student records when a school ceases to exist. This bill would establish guidelines for private tutors offering instruction to students in grades K-12. This bill would clarify that students transferring from nonpublic schools to a public school are accepted by the public schools in the same manner as transfer students from other public schools. This bill would require the State Department of Education and local boards of education to recognize all accrediting agencies of primary and secondary schools that are recognized by the United States Department of Education. This bill would require each nonpublic school to comply with attendance laws and perform criminal history background checks on employees in accordance with law. This bill would prohibit any public postsecondary institution or program, including the Alabama Fire College and any police academy, from denying admission of, and to prohibit the state from denying employment of, a student solely on the basis that he or she graduated from a secondary nonpublic school prior to the effective date of this act. This bill would also establish a nonpublic school advisory committee to address concerns of nonpublic schools with the State Department of Education. A BILL TO BE ENTITLED AN ACT To establish the Educational Opportunities Act; to further clarify the autonomy of nonpublic schools, including church, religious, parochial, and private schools offering instruction in grades K-12; to require each nonpublic school to annually identify with the State Department of Education and set forth procedures for disposal of student records when a school ceases to exist; to establish guidelines for private tutors offering instruction to students in grades K-12; to clarify that students transferring from nonpublic schools to a public school are accepted by the public schools in the same manner as transfer students from other public schools; to require the State Department of Education and local boards of education to recognize all accrediting agencies of primary and secondary schools that are recognized by the United States Department of Education; to require each nonpublic school to comply with attendance laws and perform criminal history background checks on employees in accordance with law; to prohibit any public postsecondary institution or program, including the Alabama Fire College and any police academy, from denying admission of, and to prohibit the state from denying employment of, a student solely on the basis that he or she graduated from a secondary nonpublic school prior to the effective date of this act; to establish a nonpublic school advisory committee to address concerns of nonpublic schools with the State Department of Education; and to repeal Sections 16-28-1, 16-28-5, and 16-28-7, Code of Alabama 1975, relating to definitions, private tutors, and reports of enrollment under school attendance laws of the state. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. For the purposes of this act, the following terms shall have the following meanings: (1) ACCREDITATION. A distinction of quality assurances met by a school as determined by one of the agencies identified on the United States Department of Educations list of Recognized National and Regional Accrediting Agencies or their affiliates. (2) CHURCH SCHOOL. Includes only schools that offer instruction in grades K-12, or any combination thereof, including preschool, through on-site or home programs, and are operated as a ministry of a local church, group of churches, denomination, and/or association of churches which do not receive any state or federal funding. (3) DEPARTMENT. The State Department of Education. (4) DIRECTORY INFORMATION. General information that shall include all of the following: The name, physical address, and mailing address of the school; the name, phone number, and email address of the leader of the school; and the grade levels of students served. The term does not include student information, and individual student information specifically shall not be included in directory information. (5) IDENTIFICATION. The submission of directory and accreditation information as required by the State Board of Education for all private and virtual schools serving Alabama students in grades K-12, or any combination thereof. Church or parochial schools are not required, but may elect to provide evidence of accreditation. (6) NONPUBLIC SCHOOL. Any school that offers instruction in grades K-12, or any combination thereof, including preschool, through on-site or home programs, that is not operated and supported by a government or public agency. (7) PAROCHIAL SCHOOL. A nonpublic school that offers instruction in grades K-12, or any combination thereof, including preschool, through on-site or home programs, that is operated by or affiliated with a church or religious organization and may be a part of a system of other parochial schools. A parochial school may also classify itself as a church school. (8) PRIVATE SCHOOL. Includes only nonpublic schools properly identified by the State Superintendent of Education. (9) RELIGIOUS SCHOOL. A nonpublic school incorporated as a nonprofit corporation with its primary purpose as a religious school that offers instruction in grades K-12, or any combination thereof, including preschool, through on-site or home programs and that has been awarded tax exempt status by the Internal Revenue Service pursuant to 26 U.S.C. ? 501 (c)(3). (10) SCHOOL. Any person, group of people, institution, establishment, agency, or organization offering or administering a plan, course, or program of instruction, except the teaching of private lessons of instruction on a singular subject, unless otherwise provided by law. Section 2. Private schools that cease operations shall place the student academic, attendance, and financial aid records in the office of the appropriate school administrator where a repository shall exist to safeguard and to make available the records to authorized persons upon request as follows: (1) Schools which merge, consolidate, or undergo change of ownership shall deposit with the continuing school. (2) Schools which are part of a system, organization, franchise, or a ministry of a local church or a group of churches shall deposit with the administrative office thereof if the system, organization, franchise, or ministry is to remain in operation. (3) Elementary and secondary schools without system support shall deposit with the superintendent of the public county or city school system within whose district the school is located. Section 3. (a) A parent or guardian has the right to choose the method of education for his or her child or children whether church, religious, parochial, private, public, or private tutor. Any school or institution of any kind having a school in connection therewith shall identify annually on or before August 31st with the department. (1) Nonpublic schools, but not church schools, shall provide to the State Superintendent of Education all of the following: a. Directory information of the school. b. Official accreditation status of the school. c. Attestation of compliance with the Child Protection Act of 1999 and the Alabama compulsory attendance laws. (2) Church schools shall provide to the State Superintendent of Education all of the following: a. Directory information of the school. b. Attestation of compliance with the Child Protection Act of 1999 and the Alabama compulsory attendance laws. (b) No K-12 nonpublic school, including private, church, religious, or parochial schools, shall operate within this state unless the school has first identified with the department. (c) The application for identification of a K-12 school shall be made on forms furnished by the department. (d) Schools or courses domiciled outside of the state shall designate a state agent who is a resident of this state to service all complaints against the school. (e) The department may remove any school from the identified list of nonpublic schools if the holder of the identification solicits or enrolls students or administers instruction through fraud, deception, or misrepresentation of their identified information. (f) Identification may not be advertised as an endorsement or recommendation by the department. (g) The department shall annually publish a list of identified nonpublic schools authorized to operate in the state. Section 4. (a) Local public school boards of education shall accept credits and coursework from identified nonpublic schools in the same manner as for public schools. (b) The department and local public school officials shall accept students who transfer to public schools from an identified nonpublic schools in the same manner as students transferring from public schools, without penalty or disparate treatment on the basis of the nonpublic school attendance. (c) Notwithstanding any other provision of law, if a student, parent or guardian believes that the final result of the efforts or decision by school officials for the placement of a nonpublic school student in a public school is improper or inequitable, the student parent or guardian shall have the right to a de novo review by the circuit court in the circuit where the public school is located, and the decision of the circuit court shall be determinative of the placement. Section 5. The department and the boards of education of every political subdivision and municipality shall recognize all accrediting and affiliated or related accrediting agencies of primary and secondary schools, whether public or nonpublic, that are recognized by the United States Department of Education. No nonpublic school shall be required to be accredited for any reason, including for any provision of this act. Section 6. Instruction by a private tutor means and includes only instruction by a person who holds a certificate issued by the State Superintendent of Education, who offers instruction in the several branches of study required to be taught in the public schools of this state, and who meets all requirements set forth in the Child Protection Act of 1999. A private tutor, before beginning the instruction of any child, shall file with the county superintendent of education, where his or her place of instruction is in territory under the control and supervision of the county board of education, or the city superintendent of education, where his or her place of instruction is in territory under the control and supervision of a city board of education, a statement showing the names of all children to be instructed and the subjects to be taught. The tutor shall keep a register of work, showing daily the hours used for instruction and the presence or absence of any child being instructed, and shall make other reports as the State Board of Education may require. Section 7. Throughout the compulsory attendance period, the principal teacher of each private school, and each private tutor, shall report to the local superintendent of education the names and addresses of all children of mandatory school attendance age enrolled in the school who are in violation of state compulsory attendance laws. The enrollment and attendance of a child in a church school shall be filed at the time of enrollment with the local superintendent of education by the parent, guardian, or other person in charge or control of the child on a form countersigned by the administrator of the church school and returned to the local superintendent of education by the parent. Should a child cease attendance at a church school, the parent, guardian, or other person in charge or control of the child, by prior consent at the time of enrollment, shall direct the church school to notify the local superintendent of education, or his or her agent, that the child no longer is in attendance at the church school. Section 8. (a) Any student who graduated from a secondary nonpublic school prior to the effective date of this act, who serves or has served honorably in the United States Military, shall not be denied admission to any public postsecondary institution or program, including the Alabama Fire College and any police academy, or denied employment by the State of Alabama, any political subdivision thereof, or any municipality, based solely on the accreditation status of the nonpublic school from which he or she graduated. (b) Students who have graduated from an accredited or nonaccredited secondary nonpublic school who are seeking admission to a public postsecondary institution or program requiring a high school diploma shall not be required to also take the General Education Development (GED) unless the required minimum entrance examination test score is not met. (c) Any student who graduated from a nonpublic school, whether it is accredited or not accredited, and who otherwise meets entrance requirements, shall be eligible for admission to the Alabama Fire College or any police academy. Section 9. The department shall establish an advisory committee composed of department officials and private school officials representing all types of private schools to review and provide input into the maintenance and modification of the Alabama Administrative Code as pertaining to this act. The advisory committee may review any action taken or policy established by the department in the administration of this act and may offer recommendations to the State Superintendent of Education or the State Board of Education. The advisory committee shall meet at least once annually and as otherwise necessary. Section 10. Any provision of law to the contrary notwithstanding, no public two-year or four-year institution of higher education in the state may deny admission to, or otherwise discriminate against an otherwise qualified student based on the consideration, whether in whole or in part, that the student attended a nonpublic school, including private, church, parochial, or religious school, or was home schooled. Section 11. All laws or parts of laws which conflict with this act are repealed, and specifically Sections 16-28-1, 16-28-5, and 16-28-7, Code of Alabama 1975, relating to definitions, private tutors, and reports of enrollment under the school attendance laws of the state, are repealed. Section 12. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
Posted on: Tue, 04 Mar 2014 23:33:04 +0000
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