SB38 Alabama 2014 Session

Summary

Primary Sponsor

Dick Brewbaker

Republican

Co-Sponsor

Del Marsh

Session

Regular Session 2014

Title

Schools, nonpublic, including private and church schools, State Department of Education prohibited from regulating or licensing, public colleges and universities prohibted from denying admittance to students based on attendance at nonpublic schools, department may not deny certification to a person because of employment by a nonpublic school, Secs. 16-1-11, 16-28-1, 16-28-7, 16-46-1 to 16-46-10, inclusive, am'd.

Summary

SB38 clarifies that nonpublic K-12 schools and home schools are largely autonomous from state education agencies, while requiring attendance compliance and background checks, and it protects nonpublic-educated students from college admissions discrimination.

What This Bill Does

The bill clarifies that nonpublic K-12 schools (private, church/parochial, and religious) and home schools are not subject to state licensure or regulation by the Department of Education or its boards, though they may voluntarily participate in state audits and must follow attendance laws with background checks for staff. It prohibits public colleges and universities from denying admission or discriminating against otherwise qualified students based on attendance at nonpublic or home schools, and it bars the DOE from denying certification to someone because they were employed by a nonpublic school. It creates a licensing and oversight framework for private postsecondary institutions (with fees, bonds, and financial stability requirements), permits for agents who solicit students, and related enforcement provisions, while maintaining exemptions for certain religious or church-operated K-12 entities. It also requires nonpublic schools that join the Alabama High School Athletic Association to follow its rules.

Who It Affects

• Nonpublic K-12 schools (private, church/parochial, religious) and home-school families: generally not subject to state licensing/regulation, must comply with attendance laws and background checks, and may voluntarily participate in state oversight.
• Public higher education institutions and students: cannot be denied admission or discriminated against on the basis of attending nonpublic or home schools; the State Department of Education cannot deny certification to someone for having worked at a nonpublic school.

Key Provisions

• Nonpublic K-12 schools and home-based education are not subject to licensure or state regulation by the Department of Education, State Board of Education, or any state subdivision, though they must comply with attendance laws and background check requirements for employees.
• Public two-year and four-year colleges and universities may not deny admission or discriminate against otherwise qualified students based on their nonpublic schooling or homeschooling history; the DOE cannot deny certification to a person employed by a nonpublic school.
• Private postsecondary institutions must obtain licenses to operate in Alabama (with defined licensing procedures, fees, and two-year license terms), maintain financial stability (bonding/surety requirements), and keep appropriate records; there are penalties for fraud or misrepresentation and provisions regarding agent permits and enforcement.
• Agents representing private postsecondary institutions must obtain permits, carry identification, and may be subject to penalties for fraud; schools must provide indemnification to students for losses caused by agents' misrepresentation.
• Nonpublic schools that choose to join the Alabama High School Athletic Association must comply with its constitution and bylaws.

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