HB189 Alabama 2010 Session

Summary

Primary Sponsor

H. Mac Gipson

Republican

Co-Sponsors

Gerald H. AllenJoe HubbardDuwayne BridgesHoward SanderfordPhil WilliamsGreg WrenMary Sue McClurkin

Session

Regular Session 2010

Title

Public K-12 education, responsibilities of state and local boards of education and schools, authorizers, and charter schools provided for, application process and renewal, revocation and closure of schools as public schools, application of existing law and exemptions from provided, Innovative Charter Schools Act

Summary

The Alabama Innovative Charter Schools Act would create publicly funded charter schools overseen by local boards or the State Board, with a detailed framework for authorization, operation, funding, and accountability.

What This Bill Does

Creates charter schools that local boards or the State Board can authorize; establishes how local boards become authorizers, how charter contracts are approved and renewed or revoked, and how charters are monitored. Charters would be public schools largely exempt from typical state education statutes but still bound by civil rights, health and safety, standards, accountability, and open-government laws; they must have annual independent audits and follow building codes. Funding flows would come from local per-student funding and state funds, with potential authorizer oversight fees, and districts must fund charter students and may lease facilities; admissions must be open and non-discriminatory with certain preferences and random selection when needed. Private or nonpublic schools could not apply or convert to charter status.

Who It Affects

• Students and families in local districts gain public-education options through charter schools, with open enrollment, non-discrimination rules, and potential enrollment preferences.
• Local school boards and charter schools: local boards may become charter authorizers, issue charter contracts, monitor performance, and oversee funding, facilities, and compliance.

Key Provisions

• Establishes the Alabama Innovative Charter Schools Act to allow charter schools authorized by registered local boards and the State Board of Education.
• Local school boards may register as charter authorizers and enter into charter contracts with approved charter schools; authorizers monitor performance and renewal/ revocation decisions remain with the authorizer.
• Prohibits private/nonpublic schools from applying to become charter schools or converting to charter status.
• Charter contracts include academic and operational performance expectations, oversight provisions, and terms governing the authorizer-charter relationship; open meetings apply to approval decisions.
• Charter schools are public schools and generally exempt from state education statutes but must comply with civil rights, health and safety, state content standards, accountability and student assessment, competitive bidding, open meetings, and open records laws.
• Funding for charter schools comes from local district per-student funding, with the State providing funding as applicable; authorizers may charge an oversight fee up to 3% of per-student funding to support authorizing duties; annual independent audits are required.
• Facilities: charter schools follow the same building codes as other public schools; districts may sell or lease facilities to charter schools with a right of first refusal for the district when selling or leasing, and various facility funding/ownership arrangements are allowed.
• Enrollment and admissions: charters must be open to all district residents, cannot discriminate, and may use random selection if capacity is insufficient; preferences may be provided for returning students, siblings, and certain other limited categories; charters may be organized around a theme or focus.
• Credit transfer: academic credits earned at a charter school transfer to other public schools in the state under uniform rules.
• Charter terms: initial charter can run up to five years with possible delays for opening; renewal terms are five years and may include conditions for improvements; renewal decisions follow a published set of criteria and are based on performance data.
• Oversight and reporting: authorizers must publish annual performance reports for each charter school and the department publishes an annual status report on charter schools; performance frameworks require data disaggregation by student subgroups.
• Special education and funding: districts provide SPED services to charter students similarly to non-charter students; funding and federal/state aid for students with disabilities are allocated proportionally, with potential for alternative service arrangements if negotiated.
• Teacher certification and employment: charters must meet federal and state qualifications for teachers; at least 75% of teaching staff must be certified by the state; teachers and staff participate in the state retirement system and health insurance programs; due process protections apply for charter employees.
• Accountability and potential remedies: authorizers may apply corrective actions or sanctions for underperformance or noncompliance and may revoke or not renew a charter for defined causes; clear procedures are provided for notification and hearings.
• Transfers and closures: transfer of charter contracts between authorizers is restricted and requires special petition; charters have closure protocols to ensure orderly transitions for students and the disposition of assets.
• Tax and property: charter facilities may enjoy property tax exemptions and related building-permit/fee exemptions; districts may provide or lease facilities to charters under fair terms.
• Constitutional and legal alignment: the act clarifies its relation to Amendment 621 and other laws; provisions are severable and the act becomes effective upon passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Education