HB84
Sponsor(s): Representative Fincher

SB54
Sponsor(s): Senators Holtzclaw, Orr, Pittman, Brewbaker and Allen

Summary/Synopsis: This bill would establish the Local Control School Flexibility Act of 2013. It would authorize the establishment of innovative schools and school systems in the State of Alabama and allow the State Board of Education to enter into a school flexibility contract with a local school system to allow for programmatic flexibility or budgetary flexibility, or both, from state laws, including State Board of Education rules, regulations, and policies in exchange for academic and associated goals for students that focus on college and career readiness.

This bill would require the local board of education to submit a document of assurance that the local board shall provide consistency in leadership and a commitment to the standards, assessments, and academic rigor expected in Alabama. It would require the local school system to submit a proposed innovation plan recommended by the local superintendent of education and approved by the local board of education to the State Superintendent of Education in order to qualify for innovation status.

This bill would also authorize the State Board of Education to promulgate any necessary rules and regulations.

Download SB54 Amendment 148594-4.

Conference Committee…

Download HB84 Substitute 149517-8 as passed by House and Senate. See the Summary/Synopsis of this final bill at the end of this report..

League Action and Justification: LWVAL is monitoring HB84 and SB54.

Bill Progress in Legislature:

HB84:
02/05/2013: First Reading and referred to the 02/06/2013: 2nd Reading and placed on the Calendar with 2 Amendments;
02/14/2013: Pending 3rd reading and Favorable from Education with 2 Amendments (148604-3 and 148594-4);
Education Policy Amendment offered (147880-7); Fincher motion to Table adopted by roll call vote;
Education Policy Amendment offered (148196-1); Fincher motion to Table adopted by roll call vote;
Fincher Amendment offered (148594-3);
Black Amendment offered (148815-1); Fincher motion to Table adopted by roll call vote;
Ford Amendment offered (148826-1); Fincher motion to Table adopted by roll call vote;
Moore Amendment offered (148830-1); Fincher motion to Table adopted by roll call vote;
Boyd Amendment offered (148837-1); Fincher Motion to Table adopted by roll call vote;
Holmes motion to Adjourn lost on roll call vote;
Coleman-Evans Amendment offered (148842-3); Fincher motion to Table adopted by roll call vote;
W. Johnson Motion to Previous Questions adopted by Roll call vote;
Rogers Amendment offered (148843-1); Fincher motion to Table adopted by roll call vote;
Motion to Adopt Fincher Amendment adopted by roll call vote (63-33-0); Given intended to vote “Nay”; Motion to Read a 3rd Time and Pass Adopted by roll call vote ( 65-37-0); Engrossed

02/09/2013: Read for the first Time in the Senate and referred to the
02/21/2013: Read for the 2nd time and place on the calendar; pending 3rd Reading and Favorable from Education.

02/28/2013: Senate
3rd Reading Passed; Holtzclaw Amendment Offered (149844-1); Rules Committee Petition to Cease Debate adopted by roll call vote; Motion to Adopt Holtzclaw Amendment adopted by Roll Call vote; Motion to Read a 3rd Time and Pass adopted by roll Call Vote (26-7-0)

02/28/2013: House
Concurrence Requested; Fincher motion to Non Concur and Appoint Conference Committee adopted by Roll Cal vote (61-31-0); House appoints Fincher, Love and Hall; Conference Committee Appointed

02/28/2013: Senate
Conference Committee Requested; Marsh motion to Accede adopted by Roll Call vote (29-1-0); Senate appoints Marsh, Ross and Dial; Conference Committee Appointed

02/28/2013: House
Conference Committee Report; Conference Committee on HB84 2013 Regular Session 1st Substitute (149517-8 ) Offered; Fincher motion to Concur In and Adopt adopted by Roll Call vote ( 51-26-0 )

02/28/2013: Senate
Conference Report Concurrence Requested; Returned to Senate for Consideration; Rules Committee Petition to Cease Debate adopted by Roll Call vote; Marsh motion to Concur In and Adopt adopted by Roll Call Voter (22-11-0 )

03/05/2013: House:
Rogers Dissent filed.

03/06/2013: Montgomery Circuit Court.
Judge Charles Price hears an Alabama Education Association suit to block further action on the legislation and issues a restraining order that keeps the legislation from being sent to the Governor’s office for signature. His order argues that the Conference Committee greatly altered the legislation from the original purpose and thereby violated legislative rules (Rule 21). The new tax credits are said to represent a new appropriation. The restraining order holds until March 15 when a new hearing will determine whether a permanent injunction should be issued.

The Republican leadership has appealed the Price decision to the Alabama Supreme Court and begun public appeals for support.

03/13/2013: The Alabama Supreme Court unanimously ruled Judge Price’s actions unconstitutional arguing they violated separation of powers. The opinion, written by the chief justice, noted: "Enactment of legislation does not provide for judicial review during legislative process” and the Legislature cannot be forced by the courts to follow its own rules.

03/14/2013:
House – Enrolled;
Senate – Signature Requested;
House – Clerk of the House Certification; Assigned Act No. 2013-64;
Delivered to the Governor at 9:40 a.m. on March 13, 2013.


SB54:
02/05/2013: First Reading and referred to the

Senate Committee on Education;

02/14/2013 – 2nd Reading and place on the Calendar with 2 Amendments (148604-3 and 14859-4); pending 3rd Reading and Favorable from Education with 2 Amendments.

03/14/2013: Enrolled; Assigned Act No. 2013-64; Delivered for Gov. signature.

NOTE: See the nonpartisan Alabama School Connection http://alabamaschoolconnection.org/ for coverage of who supports and opposes this legislation.


03/03/2013 SUMMARY/SYNOPSIS OF THE SUBSTITUTE BILL THAT PASSED THE HOUSE AND SENATE:
This bill:

1. Establishes the Alabama Accountability Act of 2013.
2. Authorizes the establishment of innovative schools and school systems in the State of Alabama.
3. Allows the State Board of Education to enter into a school flexibility contract with a local school system to allow for programmatic flexibility or budgetary flexibility, or both, from state laws, including State Board of Education rules, regulations, and policies in exchange for academic and associated goals for students that focus on college and career readiness.
4. Requires the local board of education to submit a document of assurance that the local board shall provide consistency in leadership and a commitment to the standards, assessments, and academic rigor expected in Alabama.
5. Requires the local school system to submit a proposed innovation plan recommended by the local superintendent of education and approved by the local board of education to the State Superintendent of Education in order to qualify for innovation status.
6. Authorizes the State Board of Education to promulgate any necessary rules and regulations as required for implementation.
7. Provides for a refundable income tax credit to reimburse Alabama taxpayers who are the parents of students enrolled in or assigned to attend a failing public K-12 school in the state to offset the cost of transferring the student to a nonfailing public school or nonpublic school of the parent's choice, provided they file an income tax return or application for the refundable tax credit on forms prescribed by the Department of Revenue.
8. Defines the criteria for determining if a school is failing.
9. Limits the tax credit to 80 percent of the average annual state cost of attendance for a public K-12 student during the applicable tax year.
10. Creates within the Education Trust Fund, the Failing Schools Income Tax Credit Account and would authorize the Comptroller to annually transfer into the account proceeds of sales tax revenues in an amount sufficient for the Department of Revenue to pay the income tax credits.
11. Authorize a tax credit for individual and corporate contributions to organizations that provide educational scholarships to qualifying schools.

NOTE: The 29th legislative day (May 9th) ended with the legislature failing to act on a request from the governor to delay the tax credit portion of the legislation. The governor has become concerned over the amounts of money that may be involved and their impacts on the Education Trust Fund (ETF). A related budget issue raised by the governor is that monies borrowed for use in the ETF during the recent economic downturn must begin to be repaid this coming year.

HB254
Sponsor(s): Representatives Barton, Long, Sessions and Henry

SB190
Sponsor(s): Senators Brewbaker, Ward, Scofield, Allen, Fielding, Whatley, Pittman, Beason, Sanford, McGill, Glover, Holtzclaw, Williams, Blackwell and Waggoner

SYNOPSIS: Under existing law, the State Board of Education is directed to establish a core curriculum for every student in grades kindergarten through twelve in the state's public schools. This bill would prohibit:
1 The State Board of Education from adopting and the Department of Education from implementing the Common Core State Standards developed by the Common Core State Standards Initiative.
2 The State Board of Education, the Department of Education, and other state bodies from compiling or sharing data about students or teachers, except under very limited circumstances.
3 The State Board of Education from entering into an agreement or joining a consortium that would cede any control to an entity outside the state.

The State of Alabama would retain sole control over the development and revision of school standards. Any statewide school standard may not be adopted or implemented unless the following conditions are met:
1 A public hearing is held in each Congressional District.
2 The State Board of Education solicits input from educators, content experts, parents, and other members of the community during an open comment period of one year.
3 Joint open hearings are held before the Senate and House Education Policy Committees.
4 Standard receives a majority vote of the Alabama Legislature.


League Action and Justification: LWVAL is monitoring HB254 and SB190.
The League of Women Voters of Alabama supports maintaining and improving a system of free public schools in Alabama based on the belief that a free public education which provides equal opportunity for all its citizens is an investment in the future. However, it has no position on national curricula.

Bill Progress in Legislature:
HB254:
02/12/2013 – First Reading and referred to the

SB190:
02/12/2013: First Reading and referred to the

Sponsor(s):
HB 427 - Representative Scott
SB60 - Senator Beason

Summary/Synopsis: This bill would establish the Educational Accountability and Intervention Act of 2013. It would clarify the authority of the State Board of Education, through the State Superintendent of Education, to exercise direct control over the decision making and operational functions of city and county boards of education when such boards are placed under educational intervention by action of the State Board of Education. It would also repeal existing statutes that are in conflict with or are otherwise inconsistent with this bill.

League Action and Justification: LWVAL is monitoring HB427 and SB60. Reassess if this bill from a minority party member moves.

Bill Progress in Legislature:

HB427
03/07/2013: Read for the first time and referred to the
04/24/2013: Read for the 3rd time and place on the calendar with 1 Amendment (150080-3); pending 3rd Read and Favorable from Education Policy with 1 Amendment; Education Policy 1st Amendment Offered.

05/07/2013: Indefinitely postponed in house of origin.

SB60
02/05/2013: Read for the first time and referred to the
02/14/2013: 2nd Reading and placed on the Calendar; pending 3rd Reading and Favorable from Education

02/21/20133: 3rd Reading passed; Motion to Read a 3rd Time and Pass passed (29-0-0)

02/28/2013: Read for the first time in the House and referred to the
03/07/2013: 2nd Reading and placed on the Calendar with 1 Amendment (150080-2); pending 3rd Reading and Favorable from W&ME.

05/20/2013: W&ME Amendment (150080-2) Offered; Motion to Adopt adopted (66-30-0); Hammon motion to Previous Questions adopted (76-21-0); Motion to Read a 3rd Time and Pass adopted (80-14-0);
05/20/2013: Senate – Concurrence requested; Dial motion to Concur in and Adopt adopted (26-4-0).
05/20/2013: House – Signature Requested; Concurred in Second House Amendment.
05/20/2013: Senate – Enrolled.

Sponsor(s): Representatives Buskey, Todd, Melton, Morrow, McClammy, Forte, Warren, McCampbell, Jackson, Boyd, J. Hubbard, England, D. Newton, Burdine, Hall, Coleman-Evans, Givan, M. Moore, O. Robinson, Scott, Knight, Ford, J. Robinson, Black, Beech, McAdory and Boman

Summary/Synopsis: This bill would repeal the Alabama Accountability Act of 2013. (HB84)

League Action and Justification: LWVAL is monitoring HB492.

Bill Progress in Legislature:

03/20/2013: Read for the first time and referred to the .
Note: The bill is unlikely to move and serves as a protest action. The Alabama Education Association has returned to court to challenge the Accountability Act on the grounds that the law’s passage included action that violated the open meetings law.

Sponsor(s): Representatives Ford, Melton, Colston, Grimsley, Boyd, Forte, England, McCampbell, Bracy, Black, Robinson (J), Hubbard (J), Beech, Warren, Buskey, Rogers, Moore (M), Scott, Coleman-Evans, McAdory, Burdine, Todd, Hall, Givan, Morrow, Knight, Lindsey and Boman

Summary/Synopsis: This bill would establish the Local Control School Flexibility Act of 2013 and would also repeal the Alabama Accountability Act of 2013 (substitute for the original School Flexibility Act). This bill would:
▪ Authorize the establishment of innovative schools and school systems in the State of Alabama.
▪ Allow the State Board of Education to enter into a school flexibility contract with a local school system to allow for programmatic flexibility or budgetary flexibility, or both, from state laws, including State Board of Education rules, regulations, and policies in exchange for academic and associated goals for students that focus on college and career readiness.
▪ Require the local board of education to submit a document of assurance that the local board shall provide consistency in leadership and a commitment to the standards, assessments, and academic rigor expected in Alabama.
▪ Require the local school system to submit a proposed innovation plan recommended by the local superintendent of education and approved by the local board of education to the State Superintendent of Education in order to qualify for innovation status.
▪ Authorize the State Board of Education to promulgate any necessary rules and regulations as required for implementation.

League Action and Justification: LWVAL is monitoring HB559 for movement.
The bill is unlikely to move given its sponsorship. If it does move, this could be a sign the majority is rethinking the financial and other negative implications of the Alabama Accountability Act. The financial implications of the Accountability Act are serious and could greatly weaken the free public education system which League believes is essential for the state.

Bill Progress in the Legislature:
04/04/2013: First Reading and referred to the

Sponsor(s):
HB655 - Representatives Fincher and DeMarco
HB658 - Representatives Carns and DeMarco

Summary/Synopsis: This bill would amend the Alabama Accountability Act of 2013, to specify that no public or nonpublic school may be forced to enroll a student pursuant to the act.
Analysis of HB658.

The bill does not address much-discussed question of whether parents of children already in a private school would be eligible for the tax credits if they are zoned for a failing public school.

Some new provisions may prevent abuses in the system constructed in the Accountability Bill. No donations to the organizations that provide scholarships may be directed to a designated recipient. The organizations providing scholarships must be 501 (c) (3) and meet certain criteria. Yet to be considered is the possibility of abuse by these scholarship organizations.

Fiscal consequences: No statement from the Fiscal Office is yet available. At present it is impossible to estimate the costs of these Accountability bills. As previously provided, the state would continue to pay to the school district a student has left an amount equal to 20% of the average per pupil funding by the state. Perhaps the major loss of state revenue would arise from the tax credits approved in the original bill to finance the transfers. A new set-aside is created within the Education Trust Fund, the Failing Schools Income Tax Credit Account, to transfer annually from sales tax revenues for the Dept. of Revenue to pay income tax credits (HB84). Parents may claim a refundable tax credit for 50% of their total tax liability but not more than $7,500. Tax Credit for a corporate contribution to a scholarship-granting organization for educational scholarships is increased in this bill from 50% to 100 % of the donation. The limit for accumulation of credit for both contributions is $25,000,000.

The definition of a failing school is more specific in this bill. In addition to the original statement, being labeled by the Department of Education as persistently failing in a grant application to US Department of Education School Improvement Fund, the State Superintendent of Education may designate a school as failing, but it must not exclusively serve a special population of student. Until the school grading system to be developed under Section 16-6C-2 of the Code is instituted on June 1, 2017, the criterion is to be listed in the lowest six percent (revised from 10%) on state standardized assessment of reading and math.

The bill protects successful schools, systems or districts, whether public or private, from being forced to admit students from failing schools; they may develop terms and conditions for enrolling a student whose parent receives an income tax credit. These terms and conditions may not discriminate on the basis of race, gender, religion, color, disability status or ethnicity. The bill explicitly denies any authority to violate or supersede any court order related to desegregation in the local school system’s student population. It is difficult to estimate how the bill may segregate by parents’ poverty, education and other class factors that now give all children in public schools contact with a diversity of students.


Summary of HB 658 Substitute 153598-5 (Marsh Substitute)

Amends sections 4,5,8, and 9 of the Alabama Accountability Act of 2012 to revise definitions; to further limit what may be contained in a school flexibility contract; to provide for the calculation of tax credits for parents of students enrolled in or assigned to a failing school; to provide for treatment of students with disabilities; to provide no public or non-public school would be required to enroll a student; to prohibit discrimination; to revise the tax credit for corporate donors to scholarship programs; to provide for retroactive effect; and to further provide for the manner of payment of scholarships.

League Action and Justification: LWVAL is monitoring HB655 and HB658.

Bill Progress in Legislature:

HB655
04/23/2013: Read for the first time and referred to the

HB658
04/23/2013: Read for the first time and referred to the
04/24/2013: Read for the 2nd time and placed on the calendar; pending 3rd Read and Favorable from W&M—E.
04/30/2013: 3rd Reading Passed; Motion to Previous Questions adopted (63-35-0); Shedd intended to vote “Yea”; Motion to Read a 3rd Time and Pass adopted (62-40-0);
04/30/2013: Read for the first time in the Senate and referred to the
05/07/2013: Read for the second time and placed on the calendar; Marsh table Marsh motion to recommit adopted

05/09/2013: Third Reading Passed; Marsh first Substitute Offered (153598-5; Marsh motion to Adopt adopted; Motion to Read a Third Time and Pass; Concurrence in House; Concurrence in Senate; Enrolled; Forwarded to Gov. for signature.

05/20/2013:
House:
Executive Amendment (153942-2) Offered; Carns motion to Nonconcur adopted (57-10-4); Motion to Read a 3rd Time, Objection to the Contrary Notwithstanding adopted (59-6-2)

Senate: House of Origin Non-Concurs in Executive Amendment; Marsh to Read a 3rd Time, Governor’s objections to the Contrary Notwithstanding adopted (19-15-0)

House: Second House Concurs in Veto Override; Clerk of the House Certification; Assigned Act No. 2013-265.