Friday, January 10, 2014

Legislative Session to Begin Tuesday


The Legislative Session begins next week in Montgomery.  Below is a list of pre-filed bills relative to education as presented to superintendents via the School Superintendents of Alabama.

Alabama Ahead Act
HB1 (McClendon) and SB1 (Dial)
  • Bond for this was approved in 2012 session.
  • Deletes pen-enabled requirement and the phase-in provisions
  • Revises the advisory committee
  • Provides an option for participation
  • Requires a 25% funding match (unless waived or reduced by SDE)
  • No longer restricted to grades 9-12
  • Funding may be used for:
    • Infrastructure
    • Devices, digital content, management systems, debt service and support
    • Upgrades, expansions and maintenance
Sovereign Immunity
HB17 (Jones); HB64 (Jones); and SB55(Holley)
  • House Republican Caucus Priority
  • Legal immunity for civil cases (i.e., restraining a student, breaking up a fight, etc.)
  • Goal is to reduce legal fees to 1 motion and 1 short bench hearing before a judge; no witnesses
  • Constitution currently grants absolute immunity to the state and state officials in their official capacity                                                                                                                                    
Traditional Winter Celebrations
HB15 (Weaver) and SB18 (Allen)              
  • Would allow each school system to educate students about the history of traditional winter celebrations and to allow traditional greetings regarding the celebrations.
  • Schools may display scenes or symbols associated with traditional winter celebrations IF the display includes a scene or symbol of: more than one religion; one religion and at least one secular scene or symbol; does not encourage adherence to a particular religious belief.  
Unfunded Mandates
HB26 (McClurkin) and SB7 (Brewbaker)
  • Constitutional Amendment
  • Prohibits a new or increased expenditure of funds without enactment of a local ordinance or resolution and available funds
  • An exemption is made for any state law that passes with 2/3 of those voting in each chamber and anything LFO determines to have an insignificant fiscal impact (in this case, less than $50,000)
Warrantless Arrests for Educational Institutions Trespass
HB33 (Poole)
  • Authorizes a law enforcement officer to arrest a person without a warrant under certain conditions for trespassing on the property of an education institution. 
  • Current allowable conditions include:
    • “breach of the peace”
    • felony committed
    • reasonable cause that a felony committed
    • knowledge of an arrest warrant when a charge has been made that a person has committed a felony
    • domestic violence
    • trespass on educational institution (new condition added through this bill)
Remove SDE from Private School Oversight
SB38 (Brewbaker and Marsh)
  • Clarifies that private, non-public, and church schools are not subject to licensure or regulation by SDE.
  • Prohibits any two-year or four-year institution of higher education from denying admittance to a qualified student because that student was home-schooled or attended private, non-public, or church school
  • Prohibits the SDE from denying certification to a qualified person on the basis that the person was employed by a private, non-public, or church school
Tax Exemption for Private Schools
SB39 (Whatley)
  • Exempts private schools from any state, county, and municipal sales and use taxes on the purchase of tangible personal property
Kyle Grady Act
SB41 (Whatley
)
  • Allows the possession and self-administration of auto-injectable epinephrine by a school student to treat life-threatening allergic reactions
  • Defines “auto-injectable epinephrine” as a “disposable delivery device….that contains a pre-measured single dose.”
Competitive Bids
SB42 (Dial)
  • Allows contracts to be let for 5 years (an increase from the current 3-year limit) for the purchase of personal property or contractual services
Alabama Safe at Schools Act
SB57 (Waggoner)
  • Provides for volunteer training of persons in the delivery of diabetes care to a student with diabetes in a public, private, or charter school according to a diabetes care management plan.
  • Bill limits the liability of schools, school personnel, and volunteers providing care under this act.
Open Meetings Act
SB58 (Orr)
  • Allows members of governmental bodies to participate in meetings and deliberations via electronic communications under certain circumstances.
  • Must still maintain a “public” meeting site.