SB 212

To create a program known as the Alabama School of Cyber Technology and Engineering in Huntsville, Alabama; to provide legislative intent; to provide definitions; to provide for the membership, powers, compensation, and terms of a board of trustees; to provide for programs and the operation of the school; to provide for extracurricular activities; and to prescribe eligibility requirements

Section 1

It is the intent of the Legislature to establish an independent, residential school for academically motivated and gifted Alabama students with educational opportunities and experiences in the rapidly growing fields of cyber and engineering and to assist teachers, administrators, and superintendents across the state in replicating cyber and engineering studies in their own schools.

Section 2

For the purposes of this act, the following terms shall have the following meanings: (1) DEPARTMENT. The State Department of Education. (2) SCHOOL. The Alabama School of Cyber Technology and Engineering. (3) STATE BOARD. The State Board of Education. SB212 (4) SUPERINTENDENT. The State Superintendent of Education.

Section 3

(a) There is created a program to be called the Alabama School of Cyber Technology and Engineering, which shall be a residential institution located in Huntsville in Madison County, at a site to be determined by the board of trustees. The school may open and formally begin operation with the fall semester of 2020. The school shall be funded by the state from monies appropriated for the school and grants, donations, and funds from any other source including, but not limited to, corporations, individuals, and foundations. (b) The school shall be governed by a board of trustees whose membership, powers, duties, and responsibilities shall be as provided in this act. (c) The school shall coordinate its programs and curriculum with the department, but shall be independent of the control of the superintendent, the state board, and any local board of education except its board of trustees, unless otherwise provided by this act.

Section 4

(a) There is created a board of trustees for the school. The board of trustees shall be composed of the following members: (1) An assistant state superintendent in charge of curriculum development with the department, or his or her designee. SB212 (2) The President of Auburn University, or his or her designee. (3) The President of the University of Alabama in Huntsville, or his or her designee. (4) The President of Alabama A&M University, or his or her designee (5) The President of Tuskegee University, or his or her designee. (6) The President of the University of South Alabama, or his or her designee. (7) The President of the University of Alabama, or his or her designee. (8) The Chair of the Alabama School of Cyber and Engineering Foundation. (9) The Chair of the House Ways and Means Education Committee, or his or her designee. (10) The Chair of the Senate Finance and Taxation Education Committee, or his or her designee. (11) The Chancellor of the Alabama Community College System, or his or her designee. (12) Eight members to be appointed by the Governor, one member from each congressional district and one member appointed at large, who shall be a resident of Madison County. Five of the eight members appointed by the Governor shall have a background in business. The other three members appointed by SB212 the Governor may include appointees with backgrounds in academia, government, or other career fields that provide a strong basis for service. The Governor shall make his or her appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state. (b) The terms of the eight members appointed by the Governor shall be for six years, except for original appointees who shall serve staggered terms with three appointees serving two years, three appointees serving four years, and two appointees serving six years. The terms of the initial members who are elected officials, or their respective designees, shall commence with their appointment, run concurrently with their terms of office, and shall end when their successors take office. The terms of members who are not serving by virtue of an elected office shall commence with their appointment and shall end when their successor is appointed. All members may succeed themselves. No member shall be appointed for more than three consecutive full terms.

Section 5

(a) The board of trustees may perform the following functions: (1) Accept donations, bequests, or other forms of financial assistance for educational purposes from any public or private person or agency and comply with rules and regulations governing grants from the federal government or SB212 from any other person or agency, which are not in contravention of the constitution and laws. (2) Purchase or lease real estate and equipment and make improvements to facilities necessary for the use of the school, in accordance with applicable law. (3) Lease land or other property belonging to the board of trustees or to the school. (4) Sell or exchange land or other real property not needed for school purposes, but only when specifically authorized by law and then only in accordance with the procedures provided for the sale of unused school lands. The sale shall be authorized by resolution adopted by the board of trustees, and the act of sale shall be signed by the president of the board of trustees or such other person to whom the signing may be delegated by the board of trustees in the authorizing resolution. (5) Adopt, amend, or repeal rules, regulations, and policies necessary or proper for the conduct of the business of the board of trustees. (6) Award certificates and issue diplomas for successful completion of programs of study. All certificates and diplomas shall be in addition to a regular high school diploma which shall be issued by the state board in accordance with state law to any student who successfully completes the program of study adopted by the board of trustees. SB212 (7) Enter into contracts and agreements which have been recommended by the director, in accordance with applicable law, and to the extent that funds are specifically appropriated therefor, with other public agencies with respect to cooperative enterprises and undertakings related to or associated with an educational purpose or program affecting education in the school. This shall not preclude the board of trustees from entering into other contracts and agreements that the board of trustees may deem necessary to carry out the duties and functions of the board of trustees. (8) Perform such other functions as are necessary to the supervision and control of those phases of education under the board of trustees. (b) The board of trustees shall delegate to the executive director those powers and duties the board of trustees deems appropriate to aid the director in the efficient administration of his or her responsibility for the implementation of the policies of the board of trustees. (c) In addition to the authorities granted in this act and any powers, duties, and responsibilities vested by any other applicable laws, the board of trustees shall perform all of the following duties: (1) Adopt rules, regulations, and policies necessary for the efficient operation of the school. SB212 (2) Establish criteria to be used in determining eligibility of applicants for enrollment. (3) Determine subjects and extracurricular activities to be offered. Subjects shall initially be subject to approval by the state board, and thereafter, changes in the subjects shall be subject to approval by the state board. (4) Select a director who shall be the chief administrative officer of the school and who shall administer the rules, regulations, and policies adopted by the board of trustees pursuant to this act. The director shall also be the chief administrative officer of the board of trustees and shall be responsible for all the administrative functions, duties, and needs of the board of trustees. Until such time as the board of trustees selects a director, the superintendent shall serve as the chief administrative officer of the board of trustees and shall be responsible for the duties of the director as they relate to the board of trustees. The superintendent shall relinquish administrative duties to the director when the director officially assumes his or her duties with the board of trustees. (5) Determine faculty and staff positions necessary for the efficient operation of the school and select personnel for those positions. (6) Prepare and adopt an annual budget necessary for the continued operation of the school. SB212 (7) Pay the expenses, per diem, and travel expenses of the board of trustees and its members, which shall be the same as allowed state employees when the board member is traveling on board business. The board shall also pay the salaries and expenses including, but not limited to, facilities, equipment, and supplies of the faculty and staff of the school out of funds appropriated or otherwise made available for the operating and administrative expenses of the board of trustees and the school. (8) Exercise budgetary responsibility and allocate for expenditure by the school and programs under its jurisdiction all monies appropriated or otherwise made available for purposes of the board of trustees and of the school and programs. (9) Prescribe and select for use in the school free textbooks and other materials of instruction for students enrolled in the school and programs under its jurisdiction for which the Legislature provides funds. Wherever practical, the board of trustees shall select the same textbooks and other materials of instruction as are adopted by the state board. (10) Prepare and adopt or approve programs of study and rules, bylaws, and regulations for the discipline of students and for the government of the school and programs under its jurisdiction, which may not be inconsistent with law and which shall be enforced by the staff and faculty of the SB212 school. Programs of study shall initially be subject to approval by the state board, and thereafter, any changes in programs of study shall be subject to approval by the state board. (11) Any provision of law to the contrary notwithstanding, prescribe the qualifications of teachers at the school, provided that any teacher employed at the school, who does not hold certification, shall hold an advanced degree, or be acknowledged by the board of trustees as an expert, in his or her field of instruction. (12) Develop and adopt a formula or system under which students shall be admitted. The formula or system shall be sufficient to insure that at least one qualified applicant for admission from within the geographical boundaries of each city and county public school system in the state shall be eligible for admission to the school each year. If no qualified applicant from a city or county public school system applies for admission, then the slots available to that school system shall be lost to that system for that school year and shall be reallocated by the board of trustees to provide for the admission of qualified applicants from other public school systems. Any provision of this subdivision to the contrary notwithstanding, the board of trustees shall admit additional students, utilizing admission criteria provided by the adopted formula or system and as resources and facilities allow, by SB212 also taking into consideration the enrollment size of the city or county public school system of the student applicant. (13) Assist teachers, administrators, and superintendents across the state in replicating cyber and engineering best practices in their own schools. Assistance shall include, but not be limited to, classroom observations, workshops, and fostering communities of practice in the areas of cyber and engineering. (14) Adopt rules and regulations to provide for the evaluation of any applicant who has not been evaluated but who satisfies all other criteria for participation in the program. (d) Nine members of the board of trustees shall constitute a quorum for the transaction of business, and all official action of the board of trustees shall require the favorable vote of a majority of those members present and voting. (e) Members of the board of trustees shall be compensated for all actual vouchered expenses incurred in the performance of their duties and functions as required by this act. Expenses shall be paid by the director from funds appropriated therefor by the Legislature and upon the warrant of the board of trustees. (f) The board of trustees shall serve as the local educational agency for the school. SB212

Section 6

(a) The school, at the discretion of the board of trustees, shall operate on the same school year basis as all other public schools in the state. Full-time students shall be enrolled for the entire school year and may enroll in the summer program. (b) A summer program may be offered for full-time students and for students who qualify to attend the school during that period. (c) The school may also offer short courses, workshops, seminars, weekend instructional programs, and other innovative programs which may be used to offer instruction to students not enrolled as full-time students in the school. (d) The school, at the discretion of the board of trustees, may provide extension courses and campuses on the campuses of other schools, colleges, and universities within the state.

Section 7

Whenever possible, the school may offer such extracurricular activities as may be found in any public secondary school in the state.

Section 8

Nothing in this act shall be so construed as to prohibit or prevent the board of trustees from accepting federal funds or monies from any corporation or other private contributor for use in operating the school or providing programs by the school. SB212

Section 9

It is not the intent of this Legislature to conflict with existing or future programs of the Alabama High School of Mathematics and Science, Chapter 26A of Title 16, Code of Alabama 1975, or the Alabama School of Fine Arts, Chapter 26B of Title 19, Code of Alabama 1975. Section 10. 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. SB212 President and Presiding Officer of the Senate Speaker of the House of Representatives SB212 Senate 22-FEB-18 I hereby certify that the within Act originated in and passed the Senate, as amended. Patrick Harris, Secretary. House of Representatives Amended and passed 21-MAR-18 Senate concurred in House amendment 22-MAR-18 By: Senator Orr