HB 268

Under existing law, any incorporated municipality in the state with a population of 5,000 or more may establish a city board of education

This bill would increase the minimum population requirement from 5,000 to 15,000

This bill would require the State Department of Education to determine the financial capability of a city to sustain a school system before the city could establish a city school system

This bill would specify that these changes would not apply to cities that have met the inhabitant criteria under prior law and have executed a formal separation agreement with the county school system before the effective date of this amendatory act

This bill would also require a financially capable proposed city school system to acquire or build its own school facilities, and would authorize the city system to purchase existing school facilities from the county for an amount that is agreed upon by both systems in the formal separation agreement

To amend Section 16-11-1, Code of Alabama 1975, relating to city boards of education; to increase the minimum population requirement for establishing a city board of education from 5,000 to 15,000; to require the State Department of Education to determine whether a city is financially capable to sustain a school system before a city may establish a city school system; to provide certain exceptions; and to provide for the acquisition or purchase of school buildings by the financially capable city school system.

Section 1

Section 16-11-1 of the Code of Alabama 1975, is amended to read as follows:

§16-11-1.

(a) A "city" within the meaning of this title shall include all incorporated municipalities of 5,000 15,000 or more inhabitants, according to the last or any succeeding federal census, or according to the last or any succeeding census taken under the provisions of Sections 11-47-90 through to 11-47-95, inclusive.

(b) After the effective date of the act adding this amendatory language, a city school system may only be established in those cities that are determined by the State Department of Education to be financially capable of sustaining a city school system. The governing body of the city shall submit detailed financial information, as determined by the department, to the department. The department shall review and verify that information and shall provide a written response regarding the determination of the department to the governing body. Based upon, but not limited to, the financial information provided, the department shall determine each of the following:

(1) Whether students included within the proposed city school system shall receive, at a minimum, the same amount of local per pupil expenditures as are expended per pupil in the applicable county school system.

(2) Whether the per pupil expenditures of the applicable county school system may be adversely affected by the creation of a city school system.

(c) If the department determines a city is financially capable to sustain a school system pursuant to subsection (b), the city may establish a city school system contingent upon the execution of a formal separation agreement between the city board of education and the county board of education.

(d) Subsections (b) and (c) shall not apply to those cities that have satisfied the inhabitant criteria for establishing a city board of education as previously set forth in this section and have executed a formal separation agreement between the city board of education and the county board of education before the effective date of the act adding this amendatory language.

(e) Any city that is determined by the department to be financially capable of sustaining a city school system shall be required to acquire or build its own school facilities for pupils within the system. A city may purchase existing school facilities from the county for an amount that is agreed upon by both systems in the formal separation agreement between the city board of education and the county board of education."

Section 2

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