HB90 Alabama 2023 Session

Summary

Primary Sponsor

John W. Rogers

Democrat

Session

Regular Session 2023

Title

Relating to special education; to add Section 16-39-3.1 to the Code of Alabama 1975, to provide that certain students with an intellectual disability are entitled to certain educational services up to the student's twenty-sixth birthday.

Summary

This bill would let some students with intellectual disabilities stay in public school and receive services up to age 26, beyond the current 12-year limit, if they have not earned a high school diploma and are under 26 by August 1.

What This Bill Does

Adds a new section requiring school boards to provide public school instruction and special services to eligible students with intellectual disabilities up to their 26th birthday, possibly beyond 12 years of schooling. Eligibility requires the student not have earned an Alabama High School Diploma and be under 26 by August 1 (with a provision that a student who turns 26 on or after August 1 can begin and complete the school year). The act becomes effective on the first day of the third month after it passes and is approved by the Governor (or becomes law otherwise).

Who It Affects

• Students with intellectual disabilities who have not earned an Alabama High School Diploma and who are under 26 years old by August 1, who would be eligible for extended public school instruction and services up to age 26.
• School boards and public school systems, which must provide the mandated instruction and special services to eligible students, potentially for more than 12 years.

Key Provisions

• Creates Section 16-39-3.1 requiring school boards to provide public school instruction and special services to eligible students with intellectual disability up to the student's 26th birthday, even if this extends beyond 12 years of schooling, using the framework of Section 16-39-3.
• Eligibility and timing: (a) eligible students are those with an intellectual disability who have not earned an Alabama High School Diploma and have not reached age 26 by August 1; (b) a student who turns 26 on or after August 1 is entitled to begin and complete the school year; (c) the act takes effect on the first day of the third month after its passage and governor approval (or becomes law otherwise).

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Education, public school education for certain students with intellectual disability, provided until age 26