HB 374

Under existing law, the Private School Licensure program for postsecondary proprietary schools is under the purview of the Alabama Community College System

This bill would transfer the program from the Alabama Community College System to the Alabama Commission on Higher Education

To add Section 16-5-16 to the Code of Alabama 1975, and to amend Section 16-60-115, Code of Alabama 1975; relating to the Private School Licensure program for postsecondary proprietary schools; to transfer the program from the Alabama Community College System to the Alabama Commission on Higher Education; to provide for the personnel and their rights, due process, and benefits; to provide for the transfer of funding, duties, powers, and functions of the program; to require the Alabama Community College System to coordinate the transfer of the program services; and to require that the Chancellor of the Alabama Community College System and the Executive Director of the Alabama Commission on Higher Education to coordinate actions.

Section 1

Section 16-5-16 is added to the Code of Alabama 1975, to read as follows: (a) All powers, duties, responsibilities, and functions of, and all related records, property, equipment of, and all rights, obligations of, and unexpended balances and projected appropriations including federal and other funds or allocations for the fiscal year ending September 30, 2019, of the Private School Licensure program for postsecondary proprietary schools of the Alabama Community College System shall be transferred by the Alabama Community College System to the Alabama Commission on Higher Education. (b) All funds appropriated or available to the Alabama Community College System for the fiscal year ending September 30, 2019, for the Private School Licensure program for postsecondary proprietary schools and components of that program shall be transferred to the commission for its use during that fiscal year under the same terms and conditions as specified for those funds in any appropriation bill, or as otherwise specified by law. (c) All full-time employees of the Private School Licensure program for postsecondary proprietary schools, and the components of that program, shall be transferred to the commission on the date of implementation of this section as provided in subsection (f) to a full-time employee classification commensurate with the level of each respective employee classification at the commission on the date prior to the transfer. (d) Any full-time employee transferred under this section shall be entitled to all other rights, benefits, and due process to which he or she was entitled before the passage of this section, including, but not limited to, the right to accumulate leave, participate in the Teachers' Retirement System, and consideration for annual salary increases. No employee shall be demoted or have his or her salary, position, or status adversely affected due to his or her transfer or any other provision of this section. (e) Upon the vacating of any of the employee classifications designated under subsection (c), by any such incumbents, the classifications shall cease to be automatically considered full-time nonprobationary positions, and persons to fill the positions thereafter shall serve at the pleasure of the executive director of the commission, having the same rights, benefits, terms, conditions, and due process to which other employees of the commission are entitled. (f) This section shall be implemented on a date agreed to by the Chancellor and the executive director of the commission, in writing, signed by both parts, certifying that they have jointly developed an implementation plan for the orderly transfer of authority, powers, duties, property, records and personnel as required by this section. (g) The executive director of the commission shall direct all matters regarding the Private School Licensure program for postsecondary proprietary schools in conformance with state and federal law and the policies of the commission. All responsibilities related to the Private School Licensure program for postsecondary proprietary schools previously vested with the Chancellor shall be vested with the executive director of the commission. (h) The Chancellor and the executive director of the commission shall take all administrative action, including the transfer of funds, appropriate and necessary to carry out the intent and purpose of this section.

Section 2

Section 16-60-115 of the Code of Alabama 1975, is amended to read as follows:

§16-60-115.

(a) Except as provided in subsection (b):

(a)(1) All powers, duties, responsibilities, and functions of, and all related records, property, equipment of, and all rights, obligations of, and unexpended balances of appropriations including federal and other funds or allocations for the fiscal year ending September 30, 2002, of the Adult Education program, the State Approving Agency program, and the Private School Licensure program for postsecondary proprietary schools of the State Department of Education shall be transferred by the State Board of Education to the Postsecondary Education Department. Commencing on May 12, 2015, all authority vested in the Postsecondary Education Department pursuant to this subsection shall be transferred from the Postsecondary Education Department to the Alabama Community College System pursuant to Section 16-60-110.1.

(b)(2) All funds appropriated to the State Department of Education for the fiscal year ending September 30, 2003, for the Adult Education program and the components of that program, the State Approving Agency program and the components of that program, and the Private School Licensure program and the components of that program for postsecondary proprietary schools, shall be transferred to the Postsecondary Education Department for its use during that fiscal year under the same terms and conditions as specified for those funds in any appropriation bill, or as otherwise specified by law. Commencing on May 12, 2015, all authority vested in the Postsecondary Education Department pursuant to this subsection shall be transferred from the Postsecondary Education Department to the Alabama Community College System pursuant to Section 16-60-110.1.

(c)(3) All full-time nonprobationary employees of the Adult Education program and the components of that program, the State Approving Agency program and the components of that program, and the Private School Licensure program and the components of that program for postsecondary proprietary schools, shall be transferred to the Postsecondary Education Department on the effective date of this section to a full-time nonprobationary employee classification commensurate with the level of each respective employee classification at the Postsecondary Education Department on the date prior to the transfer. Commencing on May 12, 2015, all employees and programs transferred to the Postsecondary Education Department pursuant to this subsection shall be transferred from the Postsecondary Education Department to the Alabama Community College System pursuant to Section 16-60-110.1.

(d)(4) Any full-time nonprobationary employee transferred under this section from the Postsecondary Education Department to the Alabama Community College System shall be entitled to the due process rights provided by the State Personnel Board on May 12, 2015, and also to all other rights, benefits, and due process to which they were he or she was entitled before May 12, 2015, and pursuant to Section 16-60-110.1, including, but not limited to, the right to accumulate leave, participate in the Teachers' Retirement System, and consideration for annual salary increases. No employee shall be demoted or have his or her salary, position, or status adversely affected due to his or her transfer or any other provision of this section.

(e)(5) Upon the vacating of any of the employee classifications designated under subsection (c) subdivision (3), by any such incumbents, such the classifications shall cease to be automatically considered full-time nonprobationary positions and persons to fill such positions thereafter shall serve at the pleasure of the Chancellor of the Alabama Community College System, having the same rights, benefits, terms, conditions, and due process to which other employees of the Alabama Community College System are entitled.

(f)(6) An employee of the community and technical colleges shall be as defined in subdivision (1) of Section 16-25A-1.

(g)(7) An employee of the Alabama Community College System shall be as defined in subdivision (3) of Section 16-25-1.

(h)(8) The State Board of Education shall coordinate the transfer. The State Superintendent of Education, the State Department of Education, and the Postsecondary Education Department shall assist the Chancellor and the Board of Trustees of the Alabama Community College System with the highest degree of cooperation to carry out the intent and purpose of this section and to achieve an orderly transition.

(i)(9) The Chancellor of the Alabama Community College System shall direct all matters involving the Adult Education program, the State Approving Agency program, and the Private School Licensure program for postsecondary proprietary schools in conformance with state and federal law and the policies of the Alabama Community College System. All responsibilities related to the Adult Education program, the State Approving Agency program, and the Private School Licensure program for postsecondary proprietary schools previously vested with the Chancellor of the Postsecondary Education Department shall be vested with the Chancellor of the Alabama Community College System.

(j)(10) The State Approving Agency program shall be transferred from the Postsecondary Education Department to the Alabama Community College System pursuant to this section.

(k)(11) The Private School Licensure program for postsecondary proprietary schools shall be transferred from the Postsecondary Education Department to the Alabama Community College System pursuant to this section.

(l)(12) The State Board of Education and the State Superintendent of Education shall take all administrative action, including the transfer of funds, appropriate and necessary to carry out the intent and purpose of this section.

(b) Commencing on the effective date of the act adding this subsection, the Private School Licensure program for postsecondary proprietary schools shall be transferred by the Alabama Community College System to the Alabama Commission on Higher Education pursuant to Section 16-5-16."

Section 3

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.