SB365 Alabama 2021 Session

Summary

Primary Sponsor

Del Marsh

Republican

Session

Regular Session 2021

Title

Schools, Open Schools Act created, K-12 school district, required to enroll students from outside the attendance area of the school district, limitations, execeptions, duties of the local board of education provided

Summary

SB365 creates the Open Schools Act, allowing nonresident students to enroll in public K-12 districts outside their home district, with a tuition payment and specific conditions.

What This Bill Does

It would require every public K-12 district to enroll nonresident students from other districts starting in 2022-23, with the nonresident paying a tuition equal to the district’s per-student share of net local tax revenue. Districts must adopt policies to implement this, including application timelines, and may give priority to applicants from failing or priority schools if they have unsatisfactory proficiency. Districts may deny enrollment for space, lack of appropriate programs or facilities, not meeting eligibility, a desegregation plan in effect, or expulsions, and transportation is not required. State authorities would publish enrollment information, study options, and report to legislative committees, with the act taking effect after governor approval.

Who It Affects

• Nonresident public K-12 students and their families, who may enroll in districts outside their home district and would pay tuition as determined by the State Department of Education.
• Local boards of education and school districts, which must adopt implementing policies, manage enrollments and spaces, handle eligibility criteria, and potentially receive tuition revenue from nonresident enrollments.

Key Provisions

• Starting with the 2022-23 school year, nonresident students from other districts may enroll in a district's public schools, with tuition equal to the enrolling district's per-student share of net local tax revenue (determined annually by the State Department of Education).
• Local boards must adopt reasonable policies and procedures to implement enrollment, including application timelines; they may prioritize applicants with unsatisfactory proficiency from failing or priority schools.
• Districts are not required to alter school structures, offer new programs, change eligibility criteria, provide transportation, or enroll after October 1.
• Districts may deny enrollment for lack of space or staff, inappropriate programs or facilities, not meeting eligibility, desegregation requirements, or expulsions; nonresident students may remain through the end of the school year unless exceptions apply.
• The State Department of Education must provide information on enrollment options, study these options, and report findings to legislative committees by the 10th legislative day of the Regular Session.
• The act becomes effective on the first day of the third month after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Public Schools